01-20-1998 Planning Packet - Laserfiche WebLink

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1. Is the proposed location of the conditional use in accord with the objectives of the Zoning 1/ Chapter and the purposes of the district in which it is located and the Comprehensive Municipal Plan? Tlie subject lot meets the minimum lot area requirement for the zoning district. It does not ‘ meet the minimum lot width requirement which contributes to the problem of siting a three- car side loading garage with an adequate driveway. The subject lot was granted previous variances for structural coverage, average lakeshore setback and hardcover. The principal structure meets the required 10' side yard setback. The Zoning Code provides for normal and customary grading in the area of an existing or a newly constructed building. Any unusual earth filling, removal or grading shall be referred by the Building Inspector to the Planning Commission. One of the guidelines to determine if a grading plan should be referred to the Planning Commission is whether grading or alterations would propose any changes in elevations within 5 ft. of the adjacent residential lot lines, except for drainage swales and ditches. (Section 10.03, Subd. 21 (3)). The comprehensive plan does not specifically address grading within 5' of a property line for the installation of a driveway and retaining wall. In the Land Use chapter of the plan, statement #15 states; "All physical improvements must conform to cityjtandards. Physical improvements related to health, safety or community systems such as roads, pathways, drainage or utility systems will be designed, located and constructed to uniform. City- established standards to ensure proper functioning and compatibility with overall City plans." Grading within 5’ of the property line to allow a driveway and retaining wall may be considered a physical improvement to the subject property. How’ever, staff believes that this plan statement refers to new development. There is no clear policy direction in the plan that relates to rebuilding on a site and locating driveways. In the Environment chapter, statement #13, the plan states that on-site water retention facilities will be required for development projects whenever necessary to maintain or improve the existing storm water runoff patterns. The policy also states that no development will be permitted to adversely impact it's neighbors, or the City, by changing drainage patterns or by otherwise adversely affecting storm water drainage. #2290 Elaine and Steve Silus 3235 Casco Circle CUP 1/20/98 page-2