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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 4 Wolff - In respect to conformance with the code regarding motor vehicles, this request does not comply with the 5 foot setback to the driveways and the 10 foot setback for off-street parking. The argument that it would be somehow exempt from those regulations because it is immediately adjacent to another parking area on the adjacent property doesn't pass either. Bonestroos have only a driveway for access to the garage. They do not have an off-street parking area within the meaning of the code. According to our code, hardship means the proposed use of the property and associated structures in question cannot be established under the conditions allowed by this Ordinance or its amendments and no other reasonable alternative use exists. However, the plight of the landowner must be due to physical conditions unique to the land, structure, or buildings in the same zoning district; these unique conditions of the site cannot be caused or accepted by the landowner after the effective date of this Ordinance or its amendments. This applies to development and using this property for reasonable purposes. It doesn't mean that any request to use this property for something that may be permitted as an accessory use in a residential zone is a reasonable use and the City has to consider a way to "shoehorn" it in there. This is a residential site, and it was deficient in the first Place because the City had to grant a number of variances. These applicants designed and accepted this lot and the construction was based on these constraints. They have reasonable use of their land, for a house, garage, driveway, and yard space which is all they are entitled to. There is no hardship preventing them from reasonable use of this land. Because of the fact that it was overdeveloped, the size of the house, garage, driveway size and location of the septic system means there is no place for on -site parking within the required setback ordinance does not constitute a hardship. There was nothing in the Developer's Agreement to indicate that they were going to get a variance for off -site parking. City Administrator Overby gave the City Council a letter written by Ben Klass, 8190 Hill Trail No., in support of denying the requested variance by Dean Johnston. City Engineer Bohrer stated he recalled reviewing the site plan as part of the original application and the site plan showed all the features that were to be constructed. This site plan showed one limerock driveway. The public hearing was closed at 8:10 p.m., but at the request of City Attorney Knaak Mayor Morgan reopened the public hearing at 8:13 p.m. for hardship definitions if they exist or if there is anything else that should be submitted for the record. Radio - The driveway was already there in 1982. The property was subdivided back in 1971 so it seems that this driveway was in existence prior to that effective date of the zoning ordinance.