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Engen Variance Request <br /> Planning Case No. 496-97 <br /> August 20, 1997 • <br /> Page 2 <br /> Code, are gravel, brick, or asphalt. The neighbors affected by this proposal, Frank and Judy Silvis <br /> of 2237 Oakwood Drive, have submitted a letter indicating their approval of a cement drive next to <br /> their property line. It is stars opinion that, for all intents and purposes, cement driveways are just <br /> as"temporary" as asphalt driveways. Were it not for the reference in the Code that disallows <br /> cement drives within the five foot side yard setback, staff would be supportive of this request. <br /> The Codes of this City have been put into place to ensure the orderly growth and development of <br /> the community while simultaneously protecting the health, safety, general welfare, comfort and <br /> repose of the residents. To deviate from these Codes, there must be a compelling reason to do so. <br /> There are seven standards which need to be met in order to justify the Board of Adjustments and <br /> Appeal's granting of a variance. These criteria are stated in Section 1125.02, Subd. 2 of the City <br /> Code. All seven of the criteria have been met. <br /> Recommendation: <br /> Staff recommends approval of Planning Commission Resolution 525-97, a resolution approving <br /> the variance request of A. G. Engen to construct a permanent driveway surface within the five- <br /> foot side yard setback at 2229 Oakwood Drive. <br /> • <br /> N:\DATA\GROUPS\COMDEV\DEVCASES\498-97VACOBS.VAR <br /> 110 <br />