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3.1 In reviewing this request, staff made the following findings: 1 . Section 703.04(8)(9) of the City Code requires a side yard setback ot 5 teet for a driveway on an interior lot in an R-1 zoning district. The existing driveway is setback 10 feet or more from the north side property line. While some space is available here, the drive does have rows of retaining wall blocks on both sides which would need to be moved to expand the driveway to the north around the tree. 2. The topography of the parcel does limit options for relocating the driveway to the south side of the parcel without moving the driveway retaining wan and the entry steps. 3. The location of a mature coniferous tree on the north side of the driveway creates a practical difficulty for the applicant. 4. Similar cases have been reviewed in the past by the City Council, most notably on South McCarron's Boulevard. No variances have been issued. However right-of-way shifts were possible to solve a portion of the problem. 5. The proposed use ot right-ot-way for private parking is not in harmony with the general purpose and intent of the City's Comprehensive Plan and Title 10 of the City Code (Zoning). 6. As discussed in the past cases, the proposed variance allowing vehicles to park on the boulevard, and, if granted, could adversely affect the public health, safety, or general welfare (especially drivers view of adjoining, but visually screened driveways, and snow plowing ). 4.0 STAFF RECOMMENDA TION 4.1 Based on the findings outline in Section 3.1, staff recommends denial of the request for a variance to allow private parking on the public right-of-way at 2474 Churchill Street N. ~o SUGGESTEDACnON 5.1 By motion, deny the request for a private parking space on-the-boulevard variance at 2474 Churchill Street based on the findings outlined in Section 3.1 of this report, and direct the engineering staff to meet with the owners and suggest alternatives. Attachments: location map; notification map; notice of public hearing; survey of property; proposed site plan; proposed floor plan; proposed building elevation; project narrative from applicant; and photograph of property. 60-day Time Limit: application submitted on April 20, 1998; application accepted as complete on April 20, 1998; decision deadline is June 20,1998. Prepared by: Dennis Welsch (490-2232)M:\RCA\PF3016. PF#3016 - RCA (04/27/98) - Page 2 of 2