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Item #7 REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: October 2, 1996 Staff Report by: Pamela Sheldon, Community Development Director Planning Case 457-96 File No.: Request: The applicant is requesting a variance to extend the current concrete driveway to 1 foot of the side property line. Petitioner: John R. Manning Location: 7755 Spring Lake Road PIN No. 06-30-23-33-0008 Zoning/Land Use: The property is currently zoned R-1 Single Family Residential Applicable Regulations: Section 1004.01, Subd 4., requires a 5 foot setback from any lot line. This section of the Code states that a temporary parking surfaces may be within 5 feet (5')but not less than 1 foot (1') from any lot line with permission from the adjacent property owner. Section 1121.09, Subd. 7, defines temporary surfacing of off-street parking as brick or concrete pavers, gravel construction or asphalt construction. It states that no concrete surfacing shall be allowed for temporary surfaces. Section 1125.02 states the criteria for review of variances as follows: a. Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. c. That the special conditions or circumstances do not result from the actions of the applicant. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners or other lands,structures or buildings in the same • district.