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114 "') 7.5 Staff is also recommending a provision that allows certain driveway setback deviations to 1146 be approved when the need for the approval is prompted by some public action. This 1147 would be useful in situations like the Pavement Improvement Project of 2006, in which 1148 portions of South Owasso Boulevard and Roselawn Avenue were reconstructed; as part 1149 of this project more than 50 driveways were found to be too close to the side property 1 11,15 0 lines. Because the City could not rebuild the right-of-way portions of driveways that 11 F '11 failed to comply with Code requirements, City staff had to formally process individual 11 F 2 Setback Permit applications for each of these properties. 11 F 3 7.6 For deviations from impervious coverage requirements, staff is proposing that applicants 11 F 4 submit schematic plans for storm water mitigation as part of the application; the intent 11 F F here is two-fold: it ensures that the homeowners are aware of the storm water 11 1`5 6 requirement, and it prompts preliminary thought of how and where such mitigation can 11 11'15� 7' occur. 1 1`5 8 7.7 The current ordinance indicates that appeals of the Community Director's decision on a 1 ,159 Setback Permit request are taken up by the Variance Board, but it does not specify 1160 whether the Board simply reviews the decision or whether the application is reviewed 11611 and acted upon by the Variance Board as a variance request. Since the City Council is the 1162 body that hears appeals for all other administrative rulings made by the Community 1163 Development Director, the proposed ordinance directs appeals of Administrative 1164 Deviation decisions through this same process with the City Council. 116 1`5 7.8 While never codified, Community Development staff has waived the I0 -day appeal 1166 period following a Setback Permit approval if/when each of the homeowners who were 1167 notified of the application communicates to staff that they would not appeal an approval; 1168 this practice has had the positive effect of encouraging applicants to talk to their 1169 neighbors about the proposal prior to the administrative hearing. And although such a 1170 provision was inadvertently excluded from consideration by the Planning Commission, 11711 Community Development staff believes that the practice has worked well and 1172 recommends including such a provision in the TEXT AMENDMENT. 1173 7.9 The criteria for approving structure setback deviations have been revised to eliminate 1174 complicated repetitions and references to driveways that are found in the original text, 1171`5 but the intent of the criteria as they're proposed is consistent with the existing code. 1176 7.10 Finally, criteria pertaining to driveway setback deviations are proposed to be in a discrete 1177 section and more focused on ensuring that the new or expanded driveway doesn't have 1178 negative impacts on the adjacent property. 1179 7.11 The proposed ordinance language was reviewed by the Development Review Committee 1180 which was generally supportive of the changes and offered a few additional changes 11811 which have been included. 1182 8.0 PUBLIc HEARING 1183 8.1 No members of the public attended the public hearing and none have contacted staff 1184 regarding the proposed TEXT AMENDMENT; draft minutes are included with this staff 1181") report as Attachment A. 1186 8.2 Much Planning Commission discussion was devoted to discussing the fact that the 1187 Administrative Deviation process to facilitate improvements to single-family properties PROJO015—RCA-072808 (5).doc Page 5 of 6