13.52.230 Driveways accessing certain rights-of-way prohibited – Variance.
A. No driveway shall be constructed which provides vehicular access to the following rights-of-way:
1. Garden Terrace (alley between Garden Street and Morey Avenue – Highland Drive) between 17th Street and Garden Street.
B. Any driveway which was lawfully constructed prior to the effective date of the ordinance codified in this section may be reconstructed, resurfaced or otherwise modified, notwithstanding the provisions of subsection (A) of this section; provided, that such action may not generate additional vehicular traffic accessing the rights-of-way listed above.
C. The hearing examiner may grant a variance to permit construction of a driveway accessing a right-of-way listed in subsection (A) of this section if the applicant demonstrates (1) that without a variance the applicant’s property cannot be reasonably used, (2) that the lot for which the driveway would provide access either legally existed on the effective date of the ordinance codified in this section or was proposed in a complete short plat application filed with the city on or before January 28, 1991, and (3) that the granting of the variance will not be unduly detrimental to the public welfare. The hearing examiner may condition a variance so as to mitigate any adverse impacts which might otherwise result from granting the variance. Conditions may include, but are not limited to, erosion control, additional right-of-way dedications, street improvements, vision clearance and other mitigating measures. [Ord. 2002-10-069 § 28; Ord. 10171 § 1, 1991].