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3.2 Section 703.04B(9) of the City Code requires a minimum side yard driveway setback of five (5) feet. 3.3 Based on the proposal, a variance is necessary from each of these Sections in order to allow the existing driveway to remain. 3.4 Driveway width on private property can be greater in width than 26 feet depending on the width and number of garage stalls. 3.5 Due to the City's Pavement Management Program and the reconstruction of Woodbridge Street, Mr. Davis was required to apply for a variance to keep the 32 foot wide driveway apron. Mr. Davis also requested a variance to allow his pre-existing non-conforming driveway and the zero foot side yard setback to remain. 3.6 Section 1013.02 requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance. 3.7 Given the design of the driveway and the previous modifications that have created the non-conformity, staff fmds no physical hardship for allowing the variance. All residential driveways (within City right-of-way) are constructed at 26 foot widths, then taper on a property owners parcel to accommodate garage design and personal preference. 3.8 Records indicate that building permits were issued to a previous owner in 1983 for remodeling the attached garage and for construction of a detached garage. Staff finds no record of when the existing driveway was paved. 3.9 The existing driveway and detached garage have been in place for at least 16 years. Given the location of the detached garage and the design/location of the existing driveway, staffhas determined that it would be a hardship to require Mr. Davis to meet the five (5) foot wide side yard setback requirement. 3.10 The driveway constructed 16 years ago encroaches on the neighboring property at 2691 Woodbridge Street which also has a driveway that is constructed up to the property line (Staff found no records of permits being issued, nor approval of said driveway). 3.11 The proposed variance, if granted, will not adversely affect the public health, safety, or general welfare, provided standards/conditions are attached to insure that redevelopment of the site is completed in accordance with the plans proposed by the applicant. 4.0 STAFF RECOMMENDATION 4.1 Based on the findings outlined in Section 3.7 of this report staff recommends denial of the request for a variance from Section 703.04B(1)(a) of the City Code to allow a driveway apron width within the city right-of-way greater than 26 feet; and PF3126 - RCA(062999) Page 2 of 3