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Item 05A <br />Page 2 of 6 <br /> <br />street was reconstructed, applicant applied <br />for Variance to allow second curb cut at <br />original (unimproved) driveway, due to <br />mobility limitations. PC denied for multiple <br />reasons, including that the distance <br />between house and new garage was result <br />of the Applicant’s decision, and found no <br />Hardship. <br />VR2013-001 7900 Greenfield Ave Approved Variance approved for second driveway in <br />1994 due to mobility challenges, with <br />condition that it be removed in ten years, or <br />upon sale. House was sold, but driveway <br />not removed. During street reconstruction, <br />City was to remove second driveway <br />access. Applicant requesting to keep <br />second driveway due to mobility challenges <br />of current owner. <br />VR2014-004 7800 Groveland Rd Approved <br />(PC Denial <br />overturned <br />by CC) <br />Applicant applied for second driveway to <br />serve second garage. Planning <br />Commission Denied, finding no “public <br />safety” reason to support request, and no <br />unique circumstances of property. <br />Applicant appealed, and the City Council <br />overturned the Denial (e.g. approved the <br />Variance). <br /> <br />Analysis <br />A Variance may be granted by the Planning Commission only in the event that all of the <br />following circumstances exist:4 <br /> <br />a. The variance is in harmony with the general purposes and intent of this Title. <br /> <br />b. The variance is consistent with the comprehensive plan. <br /> <br />c. The applicant proposes to use the property in a reasonable manner not permitted by this <br />Title or the City Code. <br /> <br />d. Unique circumstances apply to the property which do not apply to other properties in the <br />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 has <br />had no control. The unique circumstances do not result from the actions of the applicant. <br /> <br />e. 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 />g. The Board of Adjustment and Appeals may impose such conditions upon the premises <br />benefited by a variance as may be necessary to comply with the standards established <br />by this Title or to reduce or minimize the effect of such variance upon other properties in <br /> <br />4 City Code, Section 1125.02, Subd 2 (Criteria for Granting a Variance)