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i Henning Variance report • 8359 Red Oak Drive August 25, 1999 Page 3 d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. The Code states that driveways shall not exceed 35 feet. Granting a variance to allow a 44-foot wide driveway would confer upon the applicant a special privilege that is denied by the Code to other property owners. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The variance requested is the minimum variance which would alleviate the applicant's hardship of not being able to park alongside his garage. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. The purpose of the variance provision in the Code is to give relief to property owners • seeking to improve their properties yet are unable to do so because of zoning code requirements and factors beyond their control. The Code limits driveway widths to prevent the proliferation of impervious surface for not only the aesthetic reasons, but environmental as well. Approving this variance would be to go against the very intent of the Code. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. A 44-foot wide driveway would not impair a supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. It would however ensure that vehicles would be parked upon an improved surface. According to the City Code, all of the preceding criteria shall be satisfied in order to justify the granting of a variance. It appears to staff that in this case a hardship does not exist, and as such, if the Planning Commission were to concur, a variance should not be granted to allow the expanded driveway. Relevance of the Code: While there is no question as to the intent of the Code, from time to time the Codes of the City-- • its Zoning Code in particular--should be reviewed to ensure that they are in keeping with the values, needs and desires of the community, especially in light of changing standards and market demands with regard to home construction.