Agenda - Planning Commission - 07/09/2015

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there is no storm sewer infrastructure in place within this easement nor any small utilities either. It appears that there is reasonable space to install a new driveway that meets the minimum required setback of five (5) feet for much of the length of the driveway. Accommodating the parking of any vehicle along the side of the garage would not be feasible without a variance to the setback requirement. Thus, Staff is supportive of a variance to allow the class V gravel surface along the side of the garage as well as a portion of the concrete driveway to encroach into the required setback (angling toward the gravel surface) but not the full length of the driveway. Due to the existence of a ten (10) foot drainage and utility easement, an Encroachment Agreement between the Applicant and the City would be necessary. Engineering Staff has stated that they would be supportive of a partial encroachment but would have concern with the entire width of easement being improved with concrete. When contemplating a variance request, there is a three (3) factor test for practical difficulties that must be met by the Applicant. The following are the three (3) factors: 1. Is the property owner proposing to use the property in a reasonable manner? 2. Is the landowner's problem due to circumstances unique to the property and not caused by the landowner? 3. If granted, would the variance alter the essential character of the locality? Parking a vehicle or piece of equipment along the side of an attached garage is reasonable and commonplace. The wooded setting of the adjacent property provides good screening of this area from the home and thus, it doesn't appear that it would truly alter the essential character of the locality. However, there seems to be sufficient space for a majority of the length of the driveway to meet the required setback before needing to encroach into it to accommodate parking a vehicle. As a reminder, the Planning Commission acts in a quasi-judicial capacity when considering variances rather than a providing a recommendation. Alternative #1: Approve Resolutions #15-07-164 and #15-07-165 approving a variance to allow a portion of a driveway to encroach upon a required setback contingent upon execution of an Encroachment Agreement. The desire to park a vehicle along the side of the garage is reasonable and would help screen the large RV from public view. However, it appears that there is sufficient space to meet the required five (5) foot setback for majority of the length of the driveway. Staff believes that this option represents a reasonable compromise that would allow the Applicant to continue to store their RV along the side of the garage. As drafted, the Variance would allow the concrete driveway to begin angling out toward the property line (at a 45 degree angle) fifteen (15) feet in front of the garage to provide some maneuvering space. Staff supports this option. Alternative #2: Approve modified versions of Resolutions #15-07-164 and #15-07-165 approving a variance to allow the entire length of the proposed driveway to be right up to the lot line contingent upon execution of an Encroachment Agreement. While this may make it easier for the Applicant to pull in and back out with a large RV (provides a straight shot), there appears to be sufficient space to meet the required setback with the exception of where the vehicle would actually be stored. While the parking area is gravel, the majority of the driveway will be concrete. If utilities were ever to be located within this easement, or if the area was ever needed to address drainage issues, that becomes more challenging and costly with concrete in place. Staff does not support this option. If the Applicant desires this width of driveway, Staff would recommend an Administrative Subdivision to shift the common property line to allow for the required setback. Alternative #3: Do not approve the request for a variance. This option would require all portions of the driveway (existing gravel and proposed concrete) to meet the minimum required setback of five (5) feet. By default, this action would eliminate the ability to park a vehicle or equipment along the side of the garage. Additionally, an Encroachment Agreement would still be necessary as the driveway would still encroach five (5) feet into the drainage and utility easement. Funding Source: All costs associated with this request are the Applicant's responsibility. Recommendation: