Agenda - Planning Commission - 11/12/2015

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Regular Planning Commission 5. 1. Meeting Date: 11/12/2015 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for a Variance to the Driveway Setback Requirement on the Property Located at 5581 148th Lane NW Purpose/Background: Through the Code Enforcement Program, the City became aware of an existing driveway extension that encroaches into the required five (5) foot driveway setback on the property located at 5581 148th Lane NW (the "Subject Property"). Upon receiving a Notice of Violation from the City, Douglas and Vicky Foyt (the "Applicant") submitted an application for a variance to deviate from the standard driveway setback. Notification: Staff attempted to notify all Property Owners within a 350 foot radius of the Property 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 zoned R-1 Residential (MUSA) and is approximately 0.25 acres in size. The Subject Property is surrounded by parcels of the same zoning and size. Within the R-1 Residential (MUSA) District, driveways are to maintain a five (5) foot setback from side property lines and have a surface consisting of asphalt or concrete. The Applicant has stated that they installed the driveway extension in 2004, only after speaking with the neighbors to the west to ensure that they had no objections. At that time, City Code did not require a Zoning Permit for a driveway or driveway extension. Staff reviewed historical aerial images and has confirmed the driveway extension existed dating back to at least 2006. The quality of previous aerial images was not sufficient to verify if it existed prior to 2006. Nonetheless, 2006 still predated the Zoning Permit requirement, which clarifies why there is no permit on file for the driveway extension. The Applicant brought in fill to create a level parking area adjacent to their garage and solidified it with a three (3) course block retaining wall. The bottom course is at least partially below grade. The surface of the driveway extension consists of a landscape rock or gravel material, which does not comply with the surfacing requirements of the R-1 Residential (MUSA) District. The edge of the driveway extension is approximately one (1) foot from the Subject Property's side lot line. Not only does the driveway extension encroach into the required setback, but it also encroaches into a standard five (5) foot Drainage and Utility Easement (the "Easement') as well. There have been no known drainage issues as a result of the driveway extension encroaching into the Easement and there do not appear to be any small utilities in the Easement either. The Engineering Division has reviewed the encroachment and based on existing grades, believes that there is still positive drainage and that the driveway extension is not negatively impacting the purpose of the Easement. There potentially is a location behind the garage that may be able to accommodate parking of the Applicant's trailer, which is the purpose for the driveway extension. That location would require a concrete or asphalt surface as it would still be considered side yard. If the trailer were stored/parked in the rear yard, it would be permissible to do so on an unimproved (e.g. grass) surface.