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8312 Red Oak CUP & VR Request April 16, 2014 Page 3 The Zoning Code states that the Planning Commission may issue a variance to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of the property owner’s land. This is true for all variance requests. 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. A variance may be granted only in the event that all of the following circumstances exist: a. The variance is in harmony with the general purposes and intent of these regulations. The zoning code requires minimum driveway setbacks for aesthetics and to provide separation and some sense of privacy between neighbors. The required setbacks typically can be met, but in many cases, particularly for older homes, the garages are behind the house and the driveway runs next to the house which rarely has a very big setback. b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan does not specify setback criteria, but it does support improvements to properties. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The property owners want to expand their small house, and to have enough garage space to park their vehicles inside and for storage. The Zoning Code requires an improved surface driveway for garages that are accessed regularly, and there is not enough room next to the house for a driveway to have a five foot setback. The reduced setback would not be the full length of the driveway. 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. This house was originally built as a small cabin in 1948 and is a unique log building. The current owners purchased the property in 2011 and want to do a significant remodel to make it a more livable house. Expanding the house to the north makes the most sense with how the house is presently laid out, which will leave only the backyard area to put a garage. e. The variance does not alter the essential character of the neighborhood. The applicant’s neighborhood consists of larger, half-acre sized lots. The new driveway will have very little effect on the look of the property from the street. The neighbor’s house that would be most affected by the reduced setback of the driveway, is placed fairly far away from the proposed driveway location.