5.1. BASR 11-28-2023 - Laserfiche WebLink

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Request for Action To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public Hearings November 28, 2023 Zack Carlton, Community Development Director Item Description Reviewed by Jeremiah Shank – 18643 Yankton St. NW Chris Leeseberg, Senior Planner  Variance reducing the setback from the Elk River Reviewed by and driveway width, Case No. V 23-10 Action Requested Approve, by motion, the requested setback variances as the following standards have been satisfied: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is consistent with the Comprehensive Plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 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. 5. The variance will not alter the essential character of the locality. Background/Discussion The applicant, Jeremiah Shank, has requested a setback variance from the Elk River. The subject site is located within the city’s shoreland management district, which includes additional standards for properties located along critical environmental features, like the Elk River. Sec. 30-2024 of the city ordinance regulates placement of roads, driveways, and parking areas within this district. The required setback for a driveway within the shoreland district is 100 feet from the ordinary high-water level for an unsewered lot. The applicant has constructed a driveway approximately 65 feet from the Elk River, and requires a 35-foot variance to maintain this driveway. The applicant has been working with the city’s environmental consultant, WSB, on the review and standards for the driveway. The representative from WSB supported the variance provided the applicant construct a berm and depressions to slow the water leaving the site. These improvements will reduce erosion and sedimentation to ensure the intent of the environmental regulations are satisfied. These improvements have been completed and photographs of the completed work are included as an attachment. Second, ordinance limits the driveway width for parcels in the R-1b zoning district to 30-feet in width. The applicant had two existing driveways, a looped driveway, which was a legal non-conforming use. The property is 3.48 acres in size and is a corner lot without city services. Residential lots in the R-1a zoning district require a The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023