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1121.09 STALL, AISLE AND DRIVEWAY DESIGN Subd. 5: Curb Cuts and Driveway Openings: f. Curb cuts that do not conform to this subdivision may remain in existence unless deemed by the Director of Public Works to be a danger or public safety hazard. Notices to abandon a curb cut may be appealed in writing to the City Council. g. In conjunction with street improvement projects or in conjunction with individual driveway replacement projects, nonconforming curb cuts shall be made conforming to whatever extent practicable. If, in the opinion of the directors of public works and community development, a nonconforming curb cut cannot be made conforming without undue hardship or disruption to the property, the curb cut may remain in existence, unchanged. Decisions regarding curb cuts may be appealed in writing to the City Council. 1125.02 VARIANCES AND APPEALS: Subd. 6: Administrative Variance process a. Types: Property owners seeking relief from the Zoning Code may request an administrative variance, provided that the property is zoned R-1 or R-2 and either of the following is applicable: (1) The request concerns setbacks; the variance amount is within twenty-five (25) percent of code requirements; and approval of the variance does not result in a setback of less than five (5) feet. (2) The request is related to a pre-existing, non-conforming driveway or curb cut. b. Review Procedures: The Director of Community Development will review administrative variance requests. In order to be approved, the variance request must meet the hardship criteria as stated in Section 1125.2, Subdivision 2. If hardship is evident and approval is granted, the adjacent property owners must be notified by mail of the preliminary approval and allowed ten days to respond to the decision. Absent any opposition from adjacent property owners, the Planning Commission shall review the administrative variance request at the following regularly scheduled meeting. c. Denial and Appeals: If the Director chooses to deny a request, or if either the adjacent neighbors or the Planning Commission disagrees with administrative approval of a variance request, the request is denied administratively and the applicant may choose to request a formal variance from the Planning Commission. d. Fees: Administrative variances fees are set according to the fee schedule adopted by City Council resolution.