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" . '" 6. A setback permit shall not reduce the principal st cture side yard required setback by more than 70% or be closer than three (3) feet to a roperty line. "- 7. A setback permit shall not reduce the principal s ructure front or rear yard required setback by more than 2096 or be closer than twe ty-four (24) feet to a front or rear property line. 8. A setback permit shall not reduce the accessory tructure side or rear yard required setback by more than 70% or be closer than three ( ) feet to a property line. 9. A setback permit shall not reduce the setback of a riveway by more than 70% or allow a driveway to be closer than two (2) feet to a pro rty line. As an exception, driveways existing prior to October 26, 1998, and located clos r than two (2) feet to a property line may be replaced with a setback permit provided other applicable provisions of the Section are met. 10. The Community Development Director may ad conditions to a setback permit in order to mitigate the impact of the reduced se back on adjacent properties. The Development Review Committee may recommen such conditions to the Community Development Director; however, only the Comm ity Development Director has the authority to impose such conditions. 11. A contiguous property ownec(s} may appeal the ommunity Development Director's administrative decision regarding the granting of setback permit by filing a written appeal to the City Council with the City Manage within ten (10) days of the action granting the setback permit. The City Council s all take up the appeal at a regular Council meeting within thirty (30) days of the app al. (The authority to hear appeals of an adminj.jtrativ'e decision Is gj-.;cn to the City C unc;J xting QS the City's Board of AdjuStment and Appeals through Minnesota Statu e ~62.354) 12. If the requirements listed in this Section can no be achieved by the applicant. the variance procedure (Section 1013.02) shall apply. encroachments greater than those described in this Section shall adhere to the v riance procedure and shall have a demonstrated physical hardship as defined by Stat Statute. 13. Properties granted setback permits under this S ction shall not be allowed further encroachments into the reduced setback area as wed under subsection 1012.02B. Section 1014.03. Fees. To defray administrative cost of processing applications for rezoning, variances, conditional uSe permits. setback permits. vacations of streets or ys or building relocation, a fee shall be paid by the applicant in an amount set by the City Council kept on file in the City Manager's office. Fees shall be payable at the time applications are filed "th the City Manager and are not refundable unless application is withdrawn prior to referral to the lanning Commission. --- Ordinance 1215 - Page 3 of 4 \:'i