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8312 Red Oak CUP & VR Request <br />April 16, 2014 <br />Page 4 <br />f. The variance requested is the minimum variance which would alleviate the practical difficulties. <br />Economic conditions alone do not constitute practical difficulties. <br />The 2 foot variance is the minimum variance needed since that is what the Zoning Code requires <br />for a driveway setback. <br />g. The Planning Commission may impose such conditions upon the premises benefited by a <br />variance as may be necessary to comply with the standards established by this Title or to reduce <br />or minimize the effect of such variance upon other properties in the neighborhood, and to better <br />carry out the intent of the variance. The condition must be directly related to and must bear a <br />rough proportionality to the impact created by the variance. <br />Staff has no suggestions for conditions for the variance request. The Planning Commission may <br />add conditions as they see applicable. <br />Public Hearing: <br />As with any requested variance, this application requires a public hearing. Staff mailed notices to <br />all property owners within 350 feet of the applicant's property and a notice was published in the <br />Sun Focus newspaper on Friday, April 4, 2014. Staff has talked to two people who had <br />questions about the proposal, but no formal comments have been received. <br />Recommendation: <br />Aftertaking testimony from staff, the applicant and affected neighbors, the Commission maytake <br />any of the following actions below related to the requests. Staff recommends approval of this <br />conditional use permit and variance. <br />1. Recommend approval of the CUP as requested. Staff has prepared Resolution 998-14 <br />that approves the conditional use permit if the Commission chooses this action. <br />2. Approval of the Variance as requested. Staff has prepared Resolution 999-14 that <br />approves the variance if the Commission chooses this action. <br />3. Choose to deny the conditional use permit or variance. If the Commission chooses this <br />option, Staff would need direction from the Planning Commission to prepare a resolution of <br />denial with findings of fact to support the denial. <br />4. Table one or both of the requests. If the Planning Commission needs more information <br />before making a decision or if they decide that there is need for more discussion, the <br />Commission can simply move to table the request until such information has been provided. <br />Because of 60 -day requirements, the Commission would need to act upon the request as <br />soon as reasonably possible to avoid an inadvertent approval. <br />Respectfully submitted, <br />Heidi Heller <br />Planning Associate <br />Attachments: <br />1. <br />Zoning Map <br />2. <br />Aerial Views <br />3. <br />Site Plan <br />4. <br />Photos <br />5. <br />Resolution 998-14 for CUP <br />6. <br />Resolution 999-14 for VR <br />