Agenda - Planning Commission - 07/09/2015

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Regular Planning Commission 5. 3. Meeting Date: 07/09/2015 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for a Variance to Driveway Setback Standards on the Property Located at 17209 Tungsten St NW Purpose/Background: The City has received an application from Frank and Dorothy Frederick (the "Applicant") for a Variance to the required setback for a driveway on the property located at 17209 Tungsten St NW (the "Subject Property"). The Applicant is requesting a variance to allow a new concrete driveway to be installed up to the side lot line (extending a line even with the front wall of an attached garage) and to continue use of an existing gravel surface along the side of the attached garage for parking purposes. Notification: Staff attempted to notify all Property Owners within a 350 foot radius of the Properties of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald. Observations/Alternatives: The Subject Property is located in a Planned Unit Development, but the underlying zoning would be R-1 Residential (Rural Developing). The surrounding parcels are all similarly zoned with exception of the parcel to the southeast, which is Fox Park. The Subject Property is approximately 1.61 acres in size and is surrounded by other properties of similar size (with the exception of Fox Park). The home was originally constructed on the property in 1994 and there was an addition to the attached garage that was constructed in 1996, resulting in the attached garage being located at the minimum required setback of ten (10) feet. In reviewing aerial photos dating back to 2001, there is evidence of driveway (it is unclear whether it consisted of gravel or dirt) that lead to and around the side of the garage addition. At that time, there were no permit requirements for driveways and thus there is no record of approval for that driveway. Based on the aerial photos, it appears that portions of the driveway, and especially the extension around the side of the garage, encroached into the required setback, even up to the property boundary. There is no record of a variance for this deviation from City Code. The Applicant owns an RV that they have been parking adjacent to their attached garage on an existing gravel surface. The Applicant had submitted a Zoning Permit application for the installation of a concrete driveway from the street to the front of the garage. It was through review of this permit that it was discovered that the proposed driveway did not meet the required setback and that there is also a ten (10) foot wide drainage and utility easement along this lot line as well. The desire of the Applicant is a common one, to be able to park or store a motor vehicle or piece of equipment adjacent to an attached garage. In fact, earlier this year when the off-street parking regulations were amended to create more consistent and simplified enforcement, it was acknowledged that it wouldn't resolve this type of scenario. Due to the fact that there is generally drainage and utility easements along common lot lines, there was concern about eliminating a setback requirement completely for all parcels; however, deviations to that could be considered on a case by case basis. In this instance, the adjacent grade (neighbor's property) is slightly higher than the Subject Property, so there should not be adverse impacts due to drainage to the adjacent parcel. Additionally,