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section. In the event that the committee and contiguous property owners unanimously recommend approval of said setback permit, the setback permit may be issued by the community development director. In the event the setback permit is not issued by the community development director, or if the applicant does not find the conditions placed on such a permit per subsection B 10 of this section acceptable, the applicant may proceed as provided in section ��1014.02 of this chapter, and the original fee shall be applied to the fee as required for a variance. 1. A"setback permit" is a reduction of the front, side or rear yard setbacks of principal and accessory structures in either R-1 or R-2 districts, or to the residential driveway restrictions in subsection 703.04B of this code. 2. The development review committee shall be appointed by the city manager and shall include the community development director. For the purpose of setback permit review and recommendation, the development review committee shall be advisory to the community development director. The community development director (or designee) may also request review of applications from other city departments or public agencies. (Current members of the development review committee include the community development director, chief code enforcement officer, public works director (or designee), city manager (or designee), city planner, park and recreation director (or designee), police chief (or designee), and fire marshal.) 3. The community development director (or designee) shall, in writing, seek comment from contiguous property owners before considering a request for a setback permit. 4. The community development director (or designee) shall schedule an administrative hearing before the development review committee, the time and place for which shall be set by the community development director (or designee). The applicant and contiguous property owners shall be notified by the community development director (or designee) of such time and place in writing not less than five (5) days prior to such hearing. The community development director (or designee) may inform additional property owners if a determination is made that such additional notification is merited. 5. In addition to other requirements of this section, the committee, in recommending approval of a setback permit, shall find that a minimum of eight (8) of the following site conditions are present: a. One car garage or less is located on the site. b. The proposed project improves the design or livability of the structure. c. The proposed project improves the terrain or a drainage issue. d. The original reason or need for the setback permit was not created by the current owner. e. The existing improvements along with proposed improvement retain a minimum of seventy percent (70%) of the pervious surface and green space of the lot. f. The proposed project creates no other setback or variance conditions. g. The proposed project improves the aesthetics, covered storage, or the functional use of the site. h. The proposed project uses the same exterior structure materials and colors as the principal structure and accessories. i. The final building mass is consistent with that on contiguous properties. j. The building or driveway expansion/addition does not place more vehicles adjacent to living quarter first floor bedrooms of adjacent homeowners. k. The drainage and roof gutters guide water away from the structure and adjacent structures. l. The roof is properly proportioned to and integrated with the roof of the principal structure (dwelling) on the property. 6. A setback permit shall not reduce the principal structure side yard required setback by more than seventy percent (70%) or be closer than three feet (3') to a property line. 7. A setback permit shall not reduce the principal structure front or rear yard required setback by more than twenty percent (20%) or be closer than twenty four feet (24') to a front or rear property line. 8. A setback permit shall not reduce the accessory structure side or rear yard required setback by more than seventy percent (70%) or be closer than three feet (3') to a property line. 9. A setback permit shall not reduce the setback of a driveway by more than seventy percent (70%) or allow a driveway to be closer than two feet (2') to a property line. As an exception, driveways existing prior to October 26, 1998, and located closer than two feet (2') to a property line may be replaced with a setback � �