5.4. BASR 08-23-2022 - Laserfiche WebLink

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Request: Variance on the 5 foot setback from a driveway to property line. Applicants: Amber and Brett Steinwagner Location: Lot 5, Block 1 Majestic Oaks, Sherburne County Address: 20835 Fresno St, Elk River, MN Five Criteria for Granting a Variance: 1) The variance is in harmony with the general purpose and intent of the ordinance. The variance is to allow access to detached garage, which is a use intended by the ordinance. 2) The variance is consistent with the City of Elk River comprehensive plan. Again, the City's comprehensive plan contemplated homes with accessory structures and being able to access them. 3) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. The petitioner's use of the property is reasonable an; permitted, with the exception of meeting the setback for a driveway. 4) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction. Prior to the platting of this property the existing accessory structure (shown in red on the attached site plan) was access from the bottom of a steep ridge. This access (shown in yellow) now crosses multiple lots and wetlands created when the property was developed and can no longer be used. As you can note, the contours on the west side of this lot are too steep for a new driveway. The only logical location down the hill for a driveway is on the east sidlle of the parcel. The location of the septic system (shown in orange) prohibits a driveway on the east side from moving far enough west to meet the 5 foot setback from a property line to a driveway the entire distance. We are only proposing a 10 foot wide driveway, which isn't excessive. The purpose of this 5 foot setback is so snow is not pushed onto a'n adjoining property. These are larger lots and shouldn't be an issue, but we will plow in a manner that avoids placing snow on the neighboring property. 5) The variance, if granted, will not alter the essential harac'ter of the locality. Granting the variance will absolutely not alter the chi ratter of the locality.