07/11/2001 P&Z Packet - Laserfiche WebLink

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• • • Planning & Zoning Board June 13, 2001 Page 2 VI. ACTION ITEMS A. Glenn Valentine, 64th Street and 20th Avenue, Variance Staff presented the application by explaining applicant had applied for a variance from the required setback from a collector road. The site lies between I -35E and 20th Avenue (Co. Rd. 54). Most of the site was wetland. Only a small portion of the site was upland: the area along the 20th Avenue. Variances from required road setbacks would be needed if a house and driveway were to be built. Some wetland fill would be required. Staff presented its analysis of its request by explaining in the R -X Rural Executive zoning district, the City's zoning ordinance required a 40' building setback from a collector road such as 20th Ave. This site had only a small area of upland. Some wetland fill would be required if a home was to be built. The greater the road setback, the more wetland fill would occur. The request was to allow the structure to be 10 feet from the right of way of 20th Avenue. Staff stated the driveway must be at least 30 feet from the intersection, measured from the corner of the property (Sec. 3 Subd. 5.C.8.f of the zoning ordinance). However, this would require additional wetland fill for the driveway. Therefore, a variance was needed for this as well. The driveway as shown on the submitted survey was 10 feet from the intersection. With respect to future right -of -way, staff explained Anoka County had informed the City that it foresaw the need for an additional five feet of right of way on each side of the road. If this occurred, the garage and driveway would be only five feet from the ROW. While this was an undesirable situation, it was a trade -off between being closer to the road and filling more wetland. The City could not simply prevent the property owner from using the land. Staff stated the site was located within the jurisdiction of the Vadnais Lake Area Watershed Management Organization (NLAWMO). Because of the wetland impact, a review by WLAWMO was pending. The location of the house would determine the amount of wetland fill needed. The plan showed just under 1000 sf of fill, as noted on the attached VLAWMO notice. Increasing the road setbacks would increase the wetland fill. The VLAWO staff recommendation was to approve the plan. With respect to a septic system, staff explained any new home on well and septic must have an alternate drain field site designated. This was to ensure that a new drain field could be constructed if the first one failed. Staff reviewed the five findings for variance, as stated in the zoning ordinance that the City shall make in considering all requests for variance in taking subsequent action. Staff pointed out that the site was extremely restricted because of the wetlands. Without variance from setback requirements, the property could not be used. The physical circumstances were not created by the landowner. The hardship was not due to economic considerations. No special privilege was being granted. This type of hardship was the reason for the variance. Staff recommended approval of both variances to allow structure to be 10 feet from the collector road and approve variance to allow the driveway to be 10 feet from the intersection.