Agenda - Planning Commission - 06/02/2016

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screening of the developed area farther back from the shore. Within it, restrictions apply to the placement and size of structures, vegetation removal and shoreland alterations (grading and filling). The City, however, does not specify a setback requirement for the Shore Impact Zone. Notification: Staff attempted to notify all property owners within 350 feet from the Subject Property via U.S Mail and a notice of Public Hearing was also published in the Anoka UnionHerald, the City's official newspaper. Observations/Alternatives: Variance Proposal The Applicant is proposing to construct a 720 square foot accessory structure within the fifty (50) foot Ordinary High Water (OHW) setback (A), as well as the forty-five (45) foot front lot line setback (B), and to provide access to the structure from Neon St. NW through a secondary driveway (C). A. The Shoreland Overlay District requires structures to maintain a fifty (50) foot setback from the Ordinary High Water (OHW) line, per City Code Section 117-225 (f) (1) a. In the location proposed, the structure is encroaching approximately twenty-one (21) feet into that setback, at an estimated distance of twenty-nine (29) feet from the OHW line. Details of the relation of the proposed location to the OHW line are provided in Table 1, below. Distance from OHW Change in Elevation Southwest corner 28 feet* 12.1 feet* Southeast corner 30 feet* Between 1.1 and 2 feet* Average 29 feet* 1.8 feet* Required by Code 50 feet ** Requested Deviation 21 feet* 2.2 feet** Table 1. Relation of the Proposed Location to the OHW Line. *Distances and elevation changes are estimated by staff, based off of the information provided in the Certificate of Survey completed May 2nd, 2016, that was submitted by the Applicant in support of the original proposal. The revised proposal does not, however, provide the level of accuracy featured in the original proposal. **As a point of reference: If applicant were able to locate the structure 50 feet from the OHW line, thus meeting the setback requirement, there would be an estimated total of four (4) feet of change in elevation between the OHW and the structure. B. As outlined in City Code Section 117-111, accessory structures are required to be thirty (30) feet from the front lot line, or the same distance as the home (whichever is greater). In the case of this proposal, the home is located forty-five (45) feet from the front lot line. The proposed location for the accessory structure provides a distance of 33.5 feet between the structure and the front lot line, which encroaches a total of 11.5 feet into the distance required by City Code. C. The Applicant is also requesting a variance from the maximum number of driveways allowed. The R-1 Residential District (MUSA) standard currently allows for one (1) driveway per street frontage. The intent of this standard, at least in part, is to control costs associated with street reconstruction projects. The Applicant proposes to construct a second driveway that would allow access to the structure from Neon St. NW. The surface area proposed for the driveway has not been provided. Additional Application Considerations The Applicant has stated that the proposed location allows for the preservation of several trees located in the wooded area where the structure is proposed, as the site is within an existing clearing. A significant limitation of the property, as noted by the Applicant, concerns topography. Siting the structure within the lawn area near the home (outside of all setbacks and easements) would require "excessive fill" or would result in an "unmanageable driveway"- and could be considered out of character with the neighborhood.