5.1. BASR 11-28-2023 - Laserfiche WebLink

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minimum lot size of 2.5 acres (less than the applicant’s) and are permitted two driveway connections along with a total combined with of 40-feet. The new driveway exceeds the width allowed in the R-1b district and relocated the existing second driveway, which has now been removed. The purpose of the relocation was to improve safety and circulation. The remaining existing driveway is very close to the intersection with Highway 10 and does not support safe vehicle stacking and access to Yankton Street. The newly constructed second driveway provides space to safely turn around a vehicle out of the public right-of-way and access the public street. Applicable Regulation (The applicant’s responses are noted in italics) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The new driveway is within limits of river and has concern of river protection. New driveway and areas to change do assist in slowing the speed of the natural water path with areas next to roadway to slow and absorb as much as possible using multiple methods. The increased setback from a critical environmental feature, like the Elk River, is intended to protect the waterbody from further contamination. The setback provides space for water to slow down, reducing sedimentation, and allowing contaminants to filter out before reaching the river. The driveway width limit was established to preserve on-street parking, reduce impervious surfaces, and establish consistency in urban residential areas. The property has nearly 175 feet of useable frontage along Yankton and the lot size is larger than a rural residential lot. The size and location of the lot maintains the general purpose and intent of the ordinance after accounting for the increased width. Additionally, having completed the mitigation measures recommended by the city’s environmental consultant, the variance is in harmony with the general purpose and intent of the ordinance as it relates to the Elk River. 2. Is consistent with the City of Elk River Comprehensive Plan. I have met with and reviewed the plan with the city’s environmental consultant. She (Rebecca) has recommended the addition of some depressions, vegetation, and a berm to assist with slowing of the water in its natural path. The Comprehensive Plan has a clear focus on protecting the unique and varied environmental features of the community. The applicant has been working closely with city representatives to ensure these features are protected. The property is also guided for single-family residential uses and the additional driveway width will not impact the use. The variance is consistent with the Comprehensive Plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Yes. Request is a driveway and will be used as such.