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Item 05A Page 2 of 6 VR2013-006 2833 Co Rd H Allow 3' side yard driveway setback Approved VR2014-006 7851 Spring Lake Rd Allow 4' side yard driveway setback Approved VR2015-003 7930 Sunnyside Rd Allow 3' side yard driveway setback Approved VR2015-004 8330 Groveland Rd Allow 2' side yard garage & driveway setback Approved VR2016-001 2200 Hillview Rd Allow 3.5' side yard driveway setback Approved VR2017-001 5211 Sunnyside Rd Allow 3' side yard driveway setback Approved There is a significant case history of the Planning Commission supporting variances for reduced side yard setbacks. However, each variance request is unique to the property, and should be decided upon based on its own merits. When there is a pattern of similar variances granted, it is indicative of a larger problem that should be addressed (e.g. are driveway setbacks necessary?). Analysis Within residential zoning districts, the minimum side yard setback for a driveway is 5'.1 A Variance may be granted by the Planning Commission only in the event that all of the following circumstances exists a. The variance is in harmony with the general purposes and intent of this Title. b. The variance is consistent 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. 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. e. The variance does not alter the essential character of the neighborhood. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. g. The Board of Adjustment and Appeals 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. In the Variance application, the Applicant states his request to: "Remove asphalt driveway and Class 5. Replace with concrete between retaining wall's for greater improved parking surface and enhanced curb appeal." 4 City Code, Section 1104.01, Subd 4(c)(1)(a) (Residential Uses) 5 City Code, Section 1125.02, Subd 2 (Criteria for Granting a Variance)