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<br />2.4 Section 703.04(B)(9) of the City Code states, "residential driveways shall be <br />constructed so that the edge of the driveway nearest to the side lot line shall be a <br />minimum of five feet (5') from the side lot line." <br /> <br />Section 1013.02 outlines the criteria and procedure for considering a variance. <br /> <br />J.J2 STAFF COMMENT <br /> <br />3.1 In reviewing this request, staff made the following findings: <br /> <br />1. Section 703.04(B)(9) of the City Code requires a residential driveway to be <br />set back a minimum of five feet from the side property line. The existing <br />driveway meets the setback requirement at the garage, but the setback <br />narrows to less than one foot at the front property line. <br /> <br />2. The proposed replacement driveway will be in the same location as the <br />existing driveway, which appears to have been installed when a portion of <br />the basement was converted to a tuck-under garage in 1967. <br /> <br />3. The location of a hill on the north side of the driveway limits the options for <br />relocating the driveway and creates a practical difficulty for the applicant <br /> <br />4. The proposed variance is in harmony with the general purpose and intent of <br />the City's Comprehensive Plan and Title 10 of the City Code (Zoning). <br /> <br />5. The proposed variance, if granted, will not adversely affect the public health, <br />safety, or general welfare. <br /> <br />4J1. STAFF RECOMMENDA TION <br /> <br />4.1 Based on the findings outline in Section 3.1, staff recommends approval of the <br />request for a variance to reduce the setback of a driveway to less than one foot for <br />the purpose of replacing an existing non-conforming driveway at 2912 Mildred <br />Drive. <br /> <br />M PLANNING COMMISSION ACTION <br /> <br />5.1 On November 12, 1997, the Planning Commission held a public hearing on the <br />request. James Brisbois (property owner to the south) and Mike Fritz (Mr. Brisbois' <br />accountant) requested the Planning Commission to table action on this request until <br />the property line issue is resolved by the title companies. No other residents <br />present commented on this request. <br /> <br />5.2 The Planning Commission discussed the request, including the following issues: the <br />driveway appears to have been in this location since 1967; replacing the driveway <br />will not impact future use of Mr. Brisbois' property; the request before the Planning <br /> <br />RCA (PF2936) - 11/24/97 - Page 2 of 3 <br />