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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 permit provided all other applicable provisions of this section are met. 10. The community development director may add conditions to a setback permit in order to mitigate the impact of the reduced setback on adjacent properties. The development review committee may recommend such conditions to the community development director; however, only the community development director has the authority to impose such conditions. 11. A contiguous property owner(s) may appeal the community development director's administrative decision regarding the granting of a setback permit by filing a written appeal to the city council with the city manager within ten (10) days of the action granting the setback permit. The city council shall take up the appeal at a regular council meeting within thirty (30) days of the appeal. (The authority to hear appeals of an administrative decision is given to the city council acting as the city's board of adjustment and appeals through Minnesota Statutes section 462.354.) 12. If the requirements listed in this section cannot be achieved by the applicant, the variance procedure (section 1013.02 of this chapter) shall apply. All encroachments greater than those described in this section shall adhere to the variance procedure and shall have a demonstrated physical hardship as defined by state statute. 13. Properties granted setback permits under this section shall not be allowed further encroachments into the reduced setback area as allowed under subsection 1012.028 of this title. (Ord. 1223,6-29-1999)