Agenda - Planning Commission - 06/05/2014

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Regular Planning Commission Meeting Date: 06/05/2014 By: Tom Olson, Community Development Information 5. 1. Title: PUBLIC HEARING: Consider a Request for a Variance to the Setback Requirements for a Driveway at the Property Located at 5186 146th Cir NW; Case of Douglas W. Gerick and Catherine McPherson Purpose/Background: The City has received an application for a variance to setback requirements for a driveway to facilitate the construction of a driveway extension to an existing detached garage on the property located at 5186 146th Cir NW (the "Subject Property"). The Subject Property is located within the R-1 Residential (MUSA) District and is thus subject to standards found in Sec. 117-111. Notification: Staff attempted to notify all Property Owners within 350 feet of the Subject Property of the Public Hearing. A Public Notice was also advertised in the Anoka UnionHerald. Observations/Alternatives: The Subject Property is approximately 0.3 acres in size and is located within the R-1 Residential (MUSA) District. It is surrounded by properties also within the same zoning district. The Subject Property currently contains an attached garage with a driveway and a detached garage situated behind the attached garage without a driveway. The Applicant is proposing to construct an extension of the existing driveway to access the detached garage. As shown in Exhibit A, the driveway would be, at its closest point, two (2) feet from the property line. This distance would encroach upon the minimum five (5) foot setback for driveways required for properties in the R-1 Residential District. The area established by this setback also corresponds with the drainage and utility easement on the Subject Property. If a detached garage were constructed today, it would require a driveway as outlined in Sec. 117-349. The detached garage on the Subject Property was constructed in 2004, prior to adoption of the current driveway requirement for detached accessory buildings. Therefore, vehicle access to the detached garage on the Subject Property is currently a legal nonconforming use. If the variance were granted, the construction of the driveway would eliminate that nonconformity. Staff has reviewed the request with the Engineering Department with regard to the encroachment in the drainage and utility easement. As long as the Applicant maintains both positive drainage and existing grades at the the property line so as not to negatively impact the property to the north, they are comfortable with the encroachment. The Applicant has discussed the driveway extension with the neighbors to the north and received their written support for the construction (Exhibit B). The Applicant would need to enter into an Easement Encroachment Agreement with the City of Ramsey. This agreement establishes the responsibility of the Applicant to remove that portion of the driveway encroaching on the five (5) foot drainage and utility easement if necessary to facility maintenance (drainage or utilities) or installation of new utilities. All costs associated with such removal will be the responsibility of the Applicant. In conversations with the Applicant, this responsibility has been anticipated and incorporated into the design of the driveway extension. For instance, the Applicant is proposing to use brick pavers as the surface material in lieu of asphalt or concrete, which is an easier material to remove than the latter two materials, and has also incorporated drain tile into the design as well.