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X <br /> required variances had been.approved.On August 5,2014,the City therefore requested that you <br /> approve the variance from the Core Residential Standards as such a ruling appeared consistent <br /> with your Findings and Recommendation.On August 22,2014,you denied the City's request <br /> and did not grant a variance from the Core Residential Standards. <br /> In September,City staff sought a variance from the City's General Driveway Regulations from <br /> the City Council.On September 17,2014,City Council approved a variance from EMC <br /> 13.16.050(F),as reflected in the minutes: <br /> VARIANCE--CONSTRUCT NEW DRIVEWAY <br /> Moved by Council Member Anderson,seconded by Council Member Bader,in <br /> accordance with EMC 13.16.110,to grant a variance from EMC 13.16.050(F)to <br /> allow the owners of 3514 Wetmore Avenue,Michael and Terri Brashler,to <br /> construct a new driveway with access to Wetmore Avenue. <br /> Roll was called with all council members voting yes,except Council Gipson who <br /> was excused. <br /> Motion carried. <br /> Following the action of City Council,one of the two required variances has been granted. <br /> However,because Council is not the proper entity to grant a variance from the Core Residential. <br /> Standards,and the restriction of EMC 19.33G.050(B)(1)continues to constrain the City's ability <br /> to issue the Brashlers the public works permit they need to construct their driveway. <br /> 3. City's Request <br /> The Hearing Examiner has never formally approved a variance from the Core Residential <br /> Standards(EMC 19.330.050(B)(1)). From the contents of the orders issued herein,City staff <br /> believes that the Hearing Examiner has made sufficient findings to support approval of a <br /> variance under EMC 19.41.130 and has indicated a willingness to approve a variance.Therefore, <br /> City staff requests that the Hearing Examiner formally grant a variance from EMC <br /> 19.33G:050(B)(1).This is the final hurdle in this action and will finally allow the Brashlers to be <br /> issued a public works permit to construct their driveway. <br /> Dated this VI day of October,2014. <br /> Colin A. Olivers,Assistant City Attorney <br /> Cc: Planning Department&Permitting Services <br /> Brashlers <br /> f(f <br />