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<br />8155 Red Oak Drive Driveway Variance Report <br />October 3, 2012 <br />Page 2 <br /> <br /> <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 applicant is asking for the driveway to remain as it has been for many years, with <br />a 4-foot setback rather than the required 5-foot setback. If the lot was the typical 75 <br />feet wide, there would not be a problem meeting the setback. A 12-foot wide <br />driveway is the minimum width that is desired, particularly since the driveway runs <br />next to the house. <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 this lot is how narrow it is. There are only a few properties in <br />the city that are not the required 75 feet wide. The property owner purchased the <br />property with the current dimensions. The owner would also like to keep a large <br />healthy tree that would need to be removed in order to move the driveway further to <br />the north. <br /> <br />e. The variance does not alter the essential character of the neighborhood. <br /> <br />This driveway has been in the same location for many years, so there will be no <br />change to the 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 1 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 />Staff does not have any suggested conditions. A zoning permit must be applied for <br />if the driveway is reconstructed.