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5045 Eastwood & 5046 Rainbow Driveway Variances Report <br />May 2, 2012 <br />Page 2 <br /> <br /> <br />a. The variance is in harmony with the general purposes and intent of these <br />regulations. <br /> <br />The zoning code requires driveway and parking setbacks for aesthetics and to <br />provide separation and some sense of privacy between neighbors. The zoning <br />code primarily deals with aesthetics and size limitations, not safety. <br /> <br />b. The variance is consistent with the Comprehensive Plan. <br /> <br />While the Comprehensive Plan does not specify design criteria for properties, it <br />does support improvements to and the maintenance of properties. <br /> <br />c. The applicant proposes to use the property in a reasonable manner not permitted by <br />this Title or the City Code. <br /> <br />The applicants are asking for the driveways to remain combined for safety reasons. <br /> <br />d. Unique circumstances apply to the property which do not apply to other properties in <br />the same zone or vicinity and result from lot size or shape, topography or other <br />circumstances over which the owner of the property since the enactment of this Title <br />has had no control. The unique circumstances do not result from the actions of the <br />applicant. <br /> <br />The unique feature of these lots is the amount of vehicle and pedestrian traffic on <br />County Road H, and their close proximity to an elementary school. <br /> <br />e. The variance does not alter the essential character of the neighborhood. <br /> <br />The driveways have been combined for many years, so there will be no change to the <br />existing character of the neighborhood. <br /> <br />f. The variance requested is the minimum variance which would alleviate the practical <br />difficulties. Economic conditions alone do not constitute practical difficulties. <br /> <br />The 5 foot variance is the minimum variance needed since that is what the Zoning <br />Code requires for a driveway setback. <br /> <br />g. The Planning Commission may impose such conditions upon the premises <br />benefited by a variance as may be necessary to comply with the standards <br />established by this Title or to reduce or minimize the effect of such variance upon <br />other properties in the neighborhood, and to better carry out the intent of the <br />variance. The condition must be directly related to and must bear a rough <br />proportionality to the impact created by the variance. <br /> <br />Zoning permits will be required for the additional asphalt area that connects the <br />driveways together.