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Lattrez Variance Request Planning Case No. 503-97 September 17, 1997 • Page 2 Variance Criteria: The criteria for granting a variance are stated in Section 1125.02, Subd. 2 of the City Code. There are seven standards which need to be met in order to justify the Board of Adjustments and Appeal's granting of a variance. The Codes of this City have been put into place to ensure the orderly growth and development of the community while simultaneously protecting the health, safety, general welfare, comfort and repose of the residents. To deviate from these Codes, there must be a compelling reason to do so. There must be a hardship applicable to the property or situation that has not been created by the applicant. In other words, a hardship situation is present when the strict application of the Zoning Code makes reasonable use of the property impractical. Economic considerations alone shall not constitute a hardship. Each of the criteria are listed below with a short response in relation to this particular variance request. 1. Exceptional or extraordinary circumstances apply to this property which are out of the owners control: There are no exceptional or extraordinary circumstances that would prompt the granting of this variance. The Lattrez' driveway prior to the addition was approximately 22 feet wide at the street. While the applicants are not the cause of the 33- foot wide driveway, there are no conditions present on the property that would legitimately warrant such a driveway width. This criterion cannot be met. 2. Literal interpretation of Code would deprive applicants rights commonly enjoyed by others • in the same district: When permits are issued for the installation of driveways, the plans are reviewed to ensure that all work performed will conform to the Codes of the City. The strict application of the Code is consistently and uniformly done without any deviation. This criterion cannot be met. 3. Special conditions do not result from actions of the applicant: Again, while the applicants are not the direct cause of the over-wide driveway, it was their desire to have such a driveway installed. This criterion cannot be met. 4. Granting this variance will not confer onto the applicant a special privilege: Granting of this variance would confer onto the applicant a special privilege not afforded to others in the same district. Granting this variance would increase the allowed driveway width at the street by fifty percent. This criterion cannot be met. 5. The variance requested is the minimum variance which would alleviate the hardship. From staffs perspective, there is no hardship. But because the variance requested amounts to more than a car-width, any less of a variance probably would not offer the same ease of access. This criterion can be met. 6. The granting of this variance would not be materially detrimental to the purposes of this • Title or to other property owners in this district. The intent and purpose of the Code with regard to driveways is clear. Driveways at the curb-cut are limited to 22 feet in width, or in