5.1. BASR 10-26-2021 - Laserfiche WebLink

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Request for Variance for new garage and driveway, 507 Oxford Av Elk River MN City of Elk River, MN Single family home at 507 Oxford Av NW, Elk River MN relocation of garage and driveway displaced by the Highway 10 reconstruction and closure of Oxford Av. We respectfully request a variance to place a portion the new driveway and one side and one corner of the proposed new garage within 2 feet of the relocated property line (adjusted with the vacation of Oxford St.) and the Highway 10 easement line. This variance is requested due to the change in location of the new property line. Originally the DOT had proposed to request the vacation of Oxford Av. to the City of Elk River with the entirety of Oxford Av vacated property to attach to 507 Oxford property. This vacation request was presented to the City and the City Council approved the action some time ago. However, the DOT subsequently confirmed with Zack Carlton and Ron Touchette that they do not actually own the property on the other side of Oxford Av and therefore have no standing to pass the now vacated one half of the former Oxford Av over to the 507 Oxford property as originally planned. The original garage could not be rebuilt per the DOT due to encroachment within the DOT ROW easement. With the absence of one half of the former Oxford parcel the new garage will not fit in the desired location without encroaching in close proximity to the front of the home and interfering with the best and highest useability and livability of the home for the family. We respectfully assert that the variance request meets the variance criteria as follows: 1. The variance is in harmony with the general purpose and intent of the ordinance as it retains the harmonious use and appearance of the home with the character of the neighborhood and enhances the livability and usability of the home. This is accomplished by replacing the original garage with a garage placed within the confines of the property and outside of the DOT easement, creating space to park and place the family's vehicles and belongings . Additionally, it provides an actual physical barrier to the noise, activity, and danger of the adjacent highway for both the 507 Oxford family and the neighborhood. It should be noted that the DOT, when asked to include fencing or any type of screening between the neighborhood and the Highway declined. Placing the garage in this location actually provides desirable screening as well as a physical barrier to the dangers of Highway 10 and will deter neighborhood residents from continuing to use the former path of Oxford Av as an access point to attempt to access or even cross the highway in the absence of any proactive barriers which were declined by the DOT. 2. The variance is consistent with the City of Elk River comprehensive plan which maintains this area as a residential area. 3. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance and in this case, we are prohibited from keeping the garage in the same location due to the DOT easement which is outside of our control. When discussed with the DOT representative his exact statement was "don't take this the wrong way