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7' �'. x� ' FILE 07-3255 <br /> ' March 19,2007 <br /> - - Page 3 of 5 <br /> Use of Right of W�y <br /> The site plan proposes fio utilize most of the existiiig driveway within the street right of way. <br /> However, as proposed the curve into the gaiage is too sharp. When the proper curve is <br /> � � provided less of the eaisting driveway will be utilized(see E�:hibit I). <br /> � Hardcover and Setback Variances <br /> The west wall of the proposed ga.rage is proposed to be 2.0 to 4.7 feet from the street right of <br /> way. At the corner closest to the property line the eve would be about 12 inches froin the <br /> property line. Because it is a street the required setback would be 15 feet. If the property <br /> were not a street the required setback would be 10 feet. Since the wall is witlun three feet of <br /> the property line the building code would not allow the windows in the wall facing the street <br /> right of way and would limit the eve to 8 inches. <br /> In addition to the garage and shed, 511 square feet of hardcover, including a 120 square foot <br /> grade level deck would be removed. A net reduction of 32 square feet of hardcover would <br /> result, all in the 75 to 150 foot zone. The calculations do not include the portion of the <br /> driveway within the side street right of way. Customarily this hardcover should be <br /> . included as if the driveway were located on the lot. There is approxuilately 280 square <br /> feet of the existing driveway within the 0-75 foot zone and 820 square feet in the 75-250 foot <br /> zone. � <br /> Hardship Statement � <br /> Applicant has completed the Hardship Documentation Form attached as Exhibit B, and <br /> sl�ould be asked for additional testimony regarding the applicatioii. <br /> Hardship Analysis <br /> Lr coxsidering applicatiars for variance, t/re Plaiuring Commissio�r shall consider the effect o,f fhe proposer! <br /> � varitruce upoit t/�e liealt/t, safety a�rd welfare of t/re co��mrruiit��, existing a�r�l mrticipate�l traffrc courlitio�ts, <br /> light and air, �lmtger of frre, risk to ihe pub/ic safei��, an�l the effect on vnlues of property in t/ie surrountling <br /> area. T/ee Plnn�ring Conr�nission s/rall co�rsirler recontnre�i�li�rg approval for variances froin t/ie literul <br /> provisio�rs of fhe Za:ing Corle i�t instances wliere their strict enforce�nent woul�l cause rrnrk�e Irardsliip <br /> because of circrrmstances uniqtre to tlre indivirhral property nrrtler carsi�leration, and s/iall recomfuend <br /> «pproval o�tly wlien it is demo�rstrated tlrrrt suc/t actiars wi!/be i�r keepi�rg wit/r 11re spiri!turd inte�rt of 1/re <br /> Oroiro Zo�ring Code. <br /> Issues for Consideration <br /> W/ze�•e slzozcld be d�•ive���ay be loccated? � <br /> While the driveway within tlie st�eet right of way has existed for at least 50 years, the <br /> property has no formal airangement with the City regarding the eiicroaclunent. With the <br /> revision required to the driveway at tlle proposed locatioii (see Exhibit I� less of tlie <br /> driveway would be iii the side street right of way. It would also be possible to place fihe <br /> entire driveway on the property. <br /> The street 11as been identified as a possible location for a trail coiuiection to Tluee Rivers <br /> Park Dist�ict's Dakota Trail. No timeline has beeii ideiitified for making a decision about � <br />