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3.2 Section 703.04B9,Driveways on Private Property: Residential driveways, shall be constructed so that the edge of the driveway nearest the side lot line shall be a minimum of five feet from the side lit line. 3.3 On August 2, 2000,the Zoning Committee met to review a number of items. One of the items discussed was whether variances can be granted based upon a person's physical hardship or disability. City Attorney Jamnik indicated that both Federal Fair Housing and the Americans with Disabilities Acts have been interpreted to require state and local governments to consider a person's disability when evaluating requests for variances. 3.4 The Survey of 201 McCarrons Street indicates a 12.4 foot distance from the front of the house to the side (west)property line and an 11.4 foot distance from the rear of the house to the side (west) property line. The recent addition protrudes 2.5 feet to the west, leaving a distance of roughly nine feet between the home and the side yard (west) property line. 3.5 The Jenson parcel is approximately 18,880 square feet in size allowing 5,664 square feet (30%) of impervious area on the lot. The survey indicated a proposed total of 3,582 square feet of impervious area,well under the maximum allowed by City Code.. 3.6 The house is currently being renovated and includes a 16' x 16' family room on the north side; an interior remodel of the former attached garage; and ramp construction to the east and north of the home. The Jenson's have not indicated what would be done with the existing driveway entrance on the east of the parcel once the west access is completed. 3.7 At the last Planning Commission meeting concern was raised regarding the gas meter and the elevation between yards, specifically the potential for storm water runoff intrusion into the adjacent (west) property. Mr. Jenson has agreed to install a bollard to protect the gas meter and the driveway can be designed to elevate any storm water runoff from spilling over into the western property. 3.8 The survey does not indicate a turn-around adjacent the garage. However, Mr. Jenson has agreed to construct a paved vehicle turn-around space in association with the driveway improvements. 3.9 Given the recent improvements to the home, especially those to the east side, staff has determined that there is no alternative available to the Jenson's. 3.10 Copies of this staff report have been mailed to the owners and others associated with the adjacent (west) property. 4.0 STAFF RECOMMENDATION TO ESTABLISH FINDINGS 4.1 Staff recommends the City Council use an outline of the following possible findings to determine whether there is an"undue hardship" significant enough to approve the variance. PF3228 —RCA(082800) Page 2 of 5