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

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Motion by Councilmember Olson, seconded by Chairperson Dehen, to nominate Councilmember Look to serve as Vice-Chair of the Board of Appeals: Motion carried. V oting Yes: Mayor Gamec, Councilmembers Olson, Dehen, Jeffrey, Look, and Strommen. Voting No: None. Absent: Councilmember Elvig. Case #2: Request for Appeal from City Staff's Determination regarding Driveway Relocation: Case of D. Anthony Lee: Management Intern Gladhill reviewed the case and noted that Mr. Lee would like to relocate his driveway from 167th Avenue to Garnet Street, which is a dedicated right of way. He stated that staff had denied this because of the lack of public improvement, but did approve fencing, with certain restrictions. He showed aerial photos of the property that showed an R.V. and other material located in the right of way. He stated that 167th Avenue is scheduled for future improvements to meet MSA standards and the applicant wishes to change his access because of a perceived increase in traffic. He stated that both parcels in the area utilize the access on the right of way and the improvements seen in the photo are private, done on public right of way. He noted that the City does not maintain this. He stated that staff is recommending that the Board of Appeals uphold the denial. He also noted that there has been no fee established, so nothing has been charged. He stated staff would like this to be made part of the 2009 fees and rates schedule. Dean Anthony Lee, 16685 Garnet Street, noted that he actually goes by the name Tony. Councilmember Look stated that he received a phone call from Mr. Lee regarding this issue. He stated that he finds it interesting that his address is 16685 Garnet Street, not 167th Avenue because generally your driveway is on your street address. Community Development Director Miller stated that your address is actually determined by your front door orientation, for the purpose of emergency services. Councilmember Look stated that Mr. Lee is concerned for the safety of his children and isn't sure why the City couldn't compromise in this situation. Mayor Gamec noted that this right of way was established so there was not a landlocked parcel of land behind this area. Chair Dehen asked why staff was opposed to Mr. Lee closing off his driveway access on 16ih and putting one on Garnet Street or the extension that would be Gamet Street, and loop around to his garage. Community Development Director Miller stated that this is an unopened right-of-way and asked if there would be a City policy established to allow access on an unopened right-of-way as a matter of convenience when he has an existing driveway on 167th Avenue already. She stated that the City is not eliminating access because Mr. Lee wants to maintain this access for a parking pad. Board of Appeals / May 27, 2008 Page 3 of8