07-25-2012 Council Agenda - Laserfiche WebLink

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Planning staff would recommend approval of the variance, with the following conditions: 1. The applicant and other users of the Mitchell Trail right of way enter into a maintenance agreement ensuring proper upkeep of the driveway, and holds the City harmless for any damages resulting from the private use or improvements. 2. Comments of the City Engineer and Public Works Department regarding use and design of improvements in the Mitchell Trail right of way. With these conditions, staff believes that the proposed variance is supportable without excessive impacts on the neighborhood. To approve the variance, the Planning Commission and City Council should consider adoption of the following findings of fact: a. Except for the locational and setback requirements in question, the garage is constructed in accordance with all other Zoning Code requirements in Section 905.050. Single Family Residential District: Lot Requirements and Setbacks, Section 903.020 General Provisions: Building & Performance Requirements, and Section 903.050 Off- Street Parking Requirements. b. The parcel at 3246 Twin Lake Road has unique conditions that create practical difficulties in complying with zoning regulations relating to the location ofa garage on the property. c. The proposed garage location, along with the conditions applied by the variance approval, constitute use of the property in a reasonable manner. d. The proposed garage location, along with the conditions applied by the variance approval, minimize any negative impacts on surrounding property, including: potential impacts on the supply of light & air, adding to congestion in the public street, endangering the public, diminishing property values or otherwise violating the intent of the Comprehensive Plan. pc: Kathy Glanzer Steve Westerhaus Lee Eifering Tim Mercil, 3246 Twin Lake Road, Little Canada, MN 55117 3 16