4.1 BASR 09-27-2016Request for Action
To
Item Number
Board of Adjustments
4.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
September 27, 2016
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Glen Brown — 604 5th Street NW
Zack Carlton, Planning Manager
■ Variance to driveway width regulations, Case
Reviewed by
No. V 16-08
Action Requested
Approve by motion, the driveway width variance for the following reasons:
1. The general purpose and intent of the ordinance are met if the driveway is limited to 40 feet wide.
2. The property has a land use of residential and the use is consistent with the comprehensive plan.
3. The proposed use on the property, while adhering to setbacks, would be used in a reasonable
manner and is permitted in the zoning ordinance.
4. The existing driveway is a legal non -conforming driveway that will move closer to compliance
with a variance. The plight of the petitioner is due to circumstances unique to the property not a
consequence of the petitioners own action or inaction.
5. The variance will not alter the essential character of the locality.
And with the following conditions:
1. The driveway shall not exceed 40 feet in width anywhere along its length and shall be setback at
least 5 feet from the property lines.
2. Turf shall be established for the five feet of property between the west edge of the driveway and
the property line.
3. The applicant will be responsible for all permits and incurred costs for the demolition and
construction of the curbing.
Deny by motion, the driveway setback variance for the following reasons:
1. The general purpose and intent of the ordinance are not met if the driveway is installed adjacent
to a neighboring property with no setback.
3. Installing a driveway next to an adjacent neighboring property with no setback is not using the
property in a reasonable manner.
Background/Discussion
The corner lot property is located at 604 5"' Street and is zoned R1-c with the following driveway
requirements:
■ Residential driveways shall not exceed 30 feet in width measured at the front property line.
■ Single-family lots shall be limited to one driveway, except corner lots shall be allowed to have one
driveway on each street, not to exceed 40 feet in total combined width.
■ In single-family residential zoning districts no driveway or parking area shall be located within five
feet of a side or rear property line.
p a w E R E U 6 Y
NaA f RE]
The applicant wants to pave their entire existing 46 foot wide
driveway which currently consists of both bituminous and gravel.
The footprint of the driveway is not proposed to change. In order
to do so, the applicant is seeking a variance to install a paved
driveway that is wider than 30 feet at the front property line and
closer than five feet to the side property line. The proposed
driveway will be about 46 feet wide and installed adjacent to a
neighboring property with no setback.
The street curb in front of the property along 5"' Street has two curb cuts within it. The applicant would
Eke to remove the section of raised curbing. If approved, this would be the applicant's responsibility.
Applicable Regulation
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance is:
Is in barmony witb the general purpose and intent of the ordinance, and
The intent is to regulate the number, width, and setback of driveways. Corner lots are
allowed two driveways with an overall width of 40 feet. The applicant is proposing one
driveway 46 feet wide. If the driveway width were reduced to 40 feet wide, the width intent
would be met and it would then comply with the setback requirements. As for the intent of
setbacks, it would not be met, as the driveway would be at the property line with no setback.
2. Is consistent witb the City of Elk River comprebensive plan.
The property is guided as residential where single family homes with driveways are allowed.
The application is consistent with the comprehensive plan.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties means that:
3. The petitionerproposes to use theproperty in a reasonable manner notpermitted by the Zoning ordinance;
As driveways are expected in residentially zoned districts, the property, while adhering to
setbacks, would be used in a reasonable manner.
N:\Departments\Community Development\Planning\Case Files\V\V 16-08 Brown\4-13oard of Adjustments\V 16-08 sr PC 9-27-16.docx
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's
own action or inaction; and
The legal non -conforming driveway has been in its existing form for some time. The
applicant is requesting that it all be paved with one material. By granting the variance with a
limited width of 40 feet and setback of at least five feet from the property line, the driveway
will be brought more into compliance, which is a goal of the ordinance.
5. The variance, ifgranted, will not alter the essential character of the locality.
The character of the locale is residential homes with driveways. While adhering to setbacks,
the character will not be altered with a wider than allowed by ordinance driveway.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by October 7, 2016, this item will go to the
October 17, 2016 City Council meeting.
Attachments
■ Location Map
■ Site Plans
■ Site Photos
N:\Departments\Community Development\Planning\Case Files\V\V 16-08 Brown\4-Board of Adjustments\V 16-08 sr PC 9-27-16.docx
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