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Patrick Mancino - Variance - 502 7th St W City Council Memo - June 16, 2003 Page 3 Proposed Condition The applicant is proposing to remove a lean-to at the rear of the building and add a garage and living areas above. Because the property slopes down from the front of the lot to the rear, the applicant is proposing to construct the garage in such a way that the living area above the garage is at the same level as the existing first floor of the home. The proposed driveway indicated on the site plan will need to be hard surfaced (concrete, asphalt, or like material) and must be no wider than 24' at the rear property line. The maximum driveway width is a requirement of the parking section of the zoning code. VARIAN C E REVI EW Minimum Setback Requirements Minimum setback requirements for the R-2 District are: Area Setback Front 20' Corner Side 10' Interior Side 7' Rear 20' Review Criteria The following criteria have been used as findings of fact in granting variances to zoning provisions: ' A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. c. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. -, T'