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� 4.0 BACKGROUND � 4.1 The applicant has a purchase agreement on Lot 34 of the Lake Owasso Park plat. Lot 34 is currently part of the residential parcel addressed as 2955 West Owasso Boulevard, which is comprised of three lots (Lake Owasso Park Lots 32-34) platted in 1921. 4.2 The current owner of Lake Owasso Park Lots 32-34 had previously tied all three lots together for tax purposes, and is now "un-tying" the lots and selling them as individual parcels. a. Because these lots are already platted, this is not a division of land (i.e., minor subdivision) and no City approvals are required for the unbinding of these lots; it is simply a matter of applying to Ramsey County to assign unique Parcel Identification Numbers for the previously unassigned parcels. b. All of these lots comply with the City Code's minimum size and area standards for legally build-able lots. 4.3 The existing driveway is gravel and used to serve the existing house on Lot 32 until 10 or 15 years ago. 4.4 The property has a Comprehensive Plan designation of Low-Density Residential (LR) and a zoning classification of Single-Family Residence District (R-1). 5.0 STAFF COMMENT 5.1 Section 1016.16A (Setbacks from Water Body) of the City Code requires a minimum driveway setback from a wetland of 30 feet. The current proposal is to improve/pave the existing gravel driveway which comes as close as 10 feet to the recently-delineated wetland boundary. 5.2 On June 15, 2007 the Development Review Committee (DRC) met to discuss the variance request. Members of the DRC were reluctant to accept the "hardship" argument without evidence that other, Code-compliant options were pursued first; specifically, the DRC was interested to know whether some arrangement for a shared driveway was a viable alternative. 5.3 In subsequent conversations between the applicant and the seller's representative, it has become clear that the property owner is unwilling to enter into any agreement that would encumber any of the properties with easements, shared driveways, etc. Since there appears to be no Code-compliant alternative, Community Development staff has come to support the requested variance. 5.4 Section 1013 of the Code states: "Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. " PF07-033 RVBA 071107 Page 2 of 4