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4.1 BASR 09-27-2016
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4.1 BASR 09-27-2016
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Last modified
12/12/2025 10:03:35 AM
Creation date
9/22/2016 1:58:18 PM
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City Government
type
BASR
date
9/27/2016
case
V 16-08
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The applicant wants to pave their entire existing 46 foot wide <br />driveway which currently consists of both bituminous and gravel. <br />The footprint of the driveway is not proposed to change. In order <br />to do so, the applicant is seeking a variance to install a paved <br />driveway that is wider than 30 feet at the front property line and <br />closer than five feet to the side property line. The proposed <br />driveway will be about 46 feet wide and installed adjacent to a <br />neighboring property with no setback. <br />The street curb in front of the property along 5"' Street has two curb cuts within it. The applicant would <br />Eke to remove the section of raised curbing. If approved, this would be the applicant's responsibility. <br />Applicable Regulation <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. The variance is: <br />Is in barmony witb the general purpose and intent of the ordinance, and <br />The intent is to regulate the number, width, and setback of driveways. Corner lots are <br />allowed two driveways with an overall width of 40 feet. The applicant is proposing one <br />driveway 46 feet wide. If the driveway width were reduced to 40 feet wide, the width intent <br />would be met and it would then comply with the setback requirements. As for the intent of <br />setbacks, it would not be met, as the driveway would be at the property line with no setback. <br />2. Is consistent witb the City of Elk River comprebensive plan. <br />The property is guided as residential where single family homes with driveways are allowed. <br />The application is consistent with the comprehensive plan. <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying <br />with the zoning ordinance. Practical difficulties means that: <br />3. The petitionerproposes to use theproperty in a reasonable manner notpermitted by the Zoning ordinance; <br />As driveways are expected in residentially zoned districts, the property, while adhering to <br />setbacks, would be used in a reasonable manner. <br />N:\Departments\Community Development\Planning\Case Files\V\V 16-08 Brown\4-13oard of Adjustments\V 16-08 sr PC 9-27-16.docx <br />
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