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Chair Klausing asked for clarification of the encroachment (4 feet or 5 feet). The drive would be 8 feet or 9 feet respectively from the house to the west property line. Member Olson asked for clarification on the turn-around; it should be included in the variance condition. Mr. Jenson agreed to construct a paved vehicle turn-around space in association with the driveway improvements. Member Egli asked if there were rules regarding storage and placement of snow. The placement of snow in the swale, west of the lot would carry the precipitation away from both houses. Member Egli asked for details or comments from adjoining owners. None. Ralph Jensen noted that a turn-around is planned and a bollard has already been ordered for the site. Member Egli asked if there were other designs that worked better. Mr. Jensen explained access issues with the existing garage and then with the detached garage for operation of the van and scooter. There was no public comment. The hearing was closed. Chair Klausing described the choices on the site; noting that the variance requested may be different than most reviewed. A paved driveway to the property line is required for handicap scooter to be used with a van. Chair Klausing reported on the physical hardships related to ADA. Member Wilke noted concerns with the gas meters and asked if they had been taken care of (yes). A nine-foot driveway should be approved. Member Cunningham agreed. Motion: Member Klausing moved, second by Member Wilke, to recommend approval of a zero driveway setback variance in accordance with the following Resolution: RESOLUTION RECOMMENDING APPROVAL OF VARIANCE AT 201 McCARRON STREET Whereas, the Planning Commission finds that there is a physical hardship in denying the applicant a variance to construct a paved surface for the driveway at 201 McCarrons Street, that hardship being the difficulty in accessing the parking structure in the rear of the property without a paved surface; and, That the necessity of using the parking structure in the rear of the property is the result of a physical hardship, that hardship being the applicant's physical condition requiring the use of a specially equipped vehicle and the inability of the attached garage to accommodate such a vehicle; and, That the applicant did not create these hardships; Whereas, the Planning Commission finds that there is a unique physical feature to the property that would justify the variance, specifically the narrow shape of the lot and placement of the principal structure, that there is not a reasonable alternative design that would not require a variance, and that the granting of the variance is in keeping with the spirit and intent of the ordinance and would not significantly impact the general welfare of the community; Therefore, the Planning Commission recommends approval of Ralph Jenson's request for a variance to allow a driveway to encroach up to the west property line for the property located at 201 McCarron Street subject to three conditions: 1. That the applicant supply a drainage plan for the driveway that directs water away from the neighboring lot; and 2. That the applicant remove the existing driveway on the east side of the property and replace it with sod and landscaping; and 3. That the applicant construct a turn-around space adjacent to the detached garage. Ayes: Klausing, Egli, Olson, Cunningham, Wilke Nays: None Motion carried 5 to O. 7. Public Hearings