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Item 05B <br />Page 9 of 10 <br /> <br /> <br />WHEREAS, City Code, Section 1125.02, Subd 2 establishes the following criteria for <br />granting a Variance (findings in italics): <br /> <br />a. The variance is in harmony with the general purposes and intent of this Title. <br /> <br />Finding: The Variance is in harmony with the general purposes and intent of the <br />City Code. <br /> <br />b. The variance is consistent with the comprehensive plan. <br /> <br />Finding: The property is guided “Single Family Detached” [Residential]. Driveways <br />are not specifically addressed by the Comprehensive Plan (2008). The <br />Variance relates to the following: <br /> <br />Residential <br />Goal 1: Preserve the identity and maintain and improve the quality <br />and appearance of existing neighborhoods. <br /> <br />Finding: The proposed driveway will improve the quality and <br />appearance of the neighborhood. <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 />Finding: The proposed 3’ driveway setback is reasonable, and will match the <br />setback of the existing driveway apron. <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 />Finding: The pre-existing dirt driveway serviced the house, built in 1941. The <br />driveway was located adjacent to the north side yard property line. In <br />2009, the City installed a concrete driveway apron, with a 3’ side yard <br />setback with the intent of matching the existing (2009) driveway opening <br />while complying with City Code requirements as much as practical. The <br />Unique circumstance is the location of the pre-existing driveway (1941), <br />and the 3’ setback of the pre-existing (2009) driveway apron. <br /> <br />e. The variance does not alter the essential character of the neighborhood. <br /> <br />Finding: The Variance does not alter the essential 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 />Finding: The Variance request is the minimum variance, alleviating the practical <br />difficulties. <br />