Agenda - Planning Commission - 11/12/2015

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Commissioner introduced the following resolution and moved for its adoption: RESOLUTION #15-11-271 RESOLUTION APPROVING/DENYING THE ISSUANCE OF A VARIANCE TO ENCROACH INTO THE REQUIRED SETBACK FOR A DRIVEWAY AT 5581 148TH LANE NW AND DECLARING TERMS OF SAME WHEREAS, Douglas and Vicky Foyt, husband and wife, hereinafter referred to as the "Permittee," have properly applied for a variance from Section 117-111 (R-1 Residential District) of the Ramsey City Code to encroach on the required setback for a driveway on the property generally known as 5581 148th Lane. NW and legally described as follows: Lot 4, Block 1, Ramsey Commons 2nd Addition, Anoka County, Minnesota (the "Subject Property"). AND WHEREAS, the Planning Commission conducted a public hearing on November 12, 2015, pursuant to Section 117-53 of the Ramsey City Code. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. That based on Findings of Fact #0956, a Variance to encroach into the required driveway setback on the Subject Property is hereby granted/denied. 2. That the driveway extension shall be located no closer than one (1) foot from the western lot line of the Subject Property and shall not be expanded without prior written consent of the City of Ramsey (the "City").. 3. That the Permittee shall upgrade the surface of the driveway extension to comply with the standards of City Code Section 117-111 (R-1 Residential District) no later than June 30, 2016. 4. That the Permittee shall be required to enter into an Easement Encroachment Agreement with the City, subject to the approval of the City Council, for the portion of the driveway . 5. That the Permittee is responsible for accurately locating the property line of the Subject Property (survey markers exposed) and having it clearly marked for the City to verify the encroachment distance. 6. That the Permittee shall maintain positive drainage along the westerly property line of the Subject Property. 7. That the Permittee shall be responsible for all costs incurred in administering and enforcing this Variance. 8. That the Permittee shall obtain all necessary permits prior to commencing any construction and/or resurfacing of the driveway, including a Zoning Permit.