4.1 BASR 09-27-2016 - Laserfiche WebLink

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Request for Action To Item Number Board of Adjustments 4.1 Agenda Section Meeting Date Prepared by Public HearingsSeptember 27, 2016Chris Leeseberg, Senior Planner Item Description Reviewed by Glen Brown – 604 5th Street NW Zack Carlton, Planning Manager  Variance to driveway width regulations, Case Reviewed by No. V 16-08 Action Requested Approve by motion, the driveway width variance for the following reasons: 1.The general purpose and intent of the ordinance are met if the driveway is limited to 40 feet wide. 2.The property has a land use of residential and the use is consistent with the comprehensive plan. 3.The proposed use on the property, while adhering to setbacks, would be used in a reasonable manner and is permitted in the zoning ordinance. 4.The existing driveway is a legal non-conforming driveway that will move closer to compliance with a variance. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5.The variance will not alter the essential character of the locality. And with the following conditions: 1.The driveway shall not exceed 40 feet in width anywhere along its length and shall be setback at least 5 feet from the property lines. 2.Turf shall be established for the five feet of property between the west edge of the driveway and the property line. 3.The applicant will be responsible for all permits and incurred costs for the demolition and construction of the curbing. Deny by motion, the driveway setback variance for the following reasons: 1.The general purpose and intent of the ordinance are not met if the driveway is installed adjacent to a neighboring property with no setback. 3.Installing a driveway next to an adjacent neighboring property with no setback is not using the property in a reasonable manner. Background/Discussion th The corner lot property is located at 604 5 Street and is zoned R1-c with the following driveway requirements:  Residential driveways shall not exceed 30 feet in width measured at the front property line.  Single-family lots shall be limited to one driveway, except corner lots shall be allowed to have one driveway on each street, not to exceed 40 feet in total combined width.  In single-family residential zoning districts no driveway or parking area shall be located within five feet of a side or rear property line.