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2200 Hillview Road Variance Report February 3, 2016 Page 2 b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan does not specify setback criteria, but it does support improvements to properties. The request would not appear to be inconsistent with the Comprehensive Plan. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The driveway itself is a permitted use and is otherwise compliant with the city code but for the reduced setback. The reduced setback requested after-the-fact is not an unreasonable request. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. There are no unique circumstances pertaining to this property as they may relate to the location of the driveway, except that both driveways (the subject driveway and the adjoining driveway) both have a reduced setback. There is no record of previous variances or allowances granted. One could assert that the circumstances do not result from the actions of the property owners. e. The variance does not alter the essential character of the neighborhood. The neighborhood consists of smaller lots with smaller homes and narrow driveways. The requested variance would not alter the essential character of the neighborhood and matches up nicely with the adjoining driveway. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The 1.5-foot variance is the minimum variance needed in order to keep the newly installed driveway in place. g. The Planning Commission may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. There are no conditions which would seem to be directly related to this request; as such, staff would not recommend imposing any conditions.