Agenda - Council - 05/27/2008 - Board of Appeals

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It is noted that through the appeal process, staff did a visual inspection Qf the right-of- way.It was discovered that the adjacent parcel has constructed a driveway onto Gamet Street and has further laid landscape rock/gravel as a driveway in the Garnet Street right of way. There is no permit on file granting approval of this existing driveway or private improvement on a public right of way. There is also an RV parked in the Garnet Street right of way. Furthermore, the applicant currently uses the right of way to gain access to an accessory structure on the subj ect property. Staff Recommendation: Staff recommends upholding the denial to relocate the driveway to Garnet Street NW, an un-opened, dedicated right-of-way, until such time Garnet Street is constructed. Staff further recommends that if the applicant desires to relocate the driveway to Garnet Street, that the applicant petitions the City to construct the road. If a road were to be constructed, staff would recommend that the new road include a temporary cuI de sac or hammerhead at the termination of the road. Funding Source: Section 9.03.09 of City Code states that the City Council establish a fee for an appeal action by City Council resolution. To date, no fee has been established. Board Action: Motion to adopt Resolution #08-05-xxx adopting findings of fact #xxxx relating to the' request for an appeal to staff's determination regarding the relocation of the applicant's driveway to Garnet Street NW, an un-opened, dedicated right-of-way; . -and- Motion to deny the request for an appeal to staff s determination regarding relocating the driveway to Gamet Street NW, an un-opened, dedicated right-of-way. -or- Motion to reverse the determination of staff and grant the Zoning Permit to allow the applicant to relocate the driveway to the Garnet Street right of vvay. Review Checklist: ~ l . Qopies to: City Administrator 1'---- City Attorney Associate Planner I BOA: 5.27.2008 -4-