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Henning Variance report 8359 Red Oak Drive • August 25, 1999 Page 2 approves of the driveway being located one foot from the north property line. Variance Criteria: As with any variance application, for the Planning Commission to act favorably, there must be a demonstrated hardship or practical difficulty associated with the property which makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The individual criteria, with responses, are as follows: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in thesame 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. Because of the width of the lot and the size of the house, the garage, which at 875 square feet, cannot be expanded. While there are three vehicle access doors, the applicant would • like to be able to park a boat or another vehicle outside without blocking any of the three doors. Instead of paving a perpendicular parking pad in the middle of the yard, the applicant would like to utilize the area alongside the garage, which is a common practice in this City. All of this, however, does not add up to an extraordinary circumstance, a circumstance over which the applicant had complete 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. To staff's recollection, no other variances have been granted which have allowed for driveway widths in excess of 35 feet, nor have any been requested. While there are examples of three-car garages in the City that utilize the space alongside the garage for additional parking, that space is typically set apart from the principal driveway by means of landscaping or gravel. Interpreting the Code so as to disallow the applicant's request would not be depriving the property owner of something commonly enjoyed by other properties in this residential district, because other property owners do not have this right. c. That the special conditions or circumstances do not result from the actions of the applicant. The house was constructed this year for the applicant. The survey and submitted building • plans do not indicate a parking area alongside the garage, which if it had, would have been brought to Mr. Henning's attention.