10/08/2003 P&Z Packet - Laserfiche WebLink

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Planning & Zoning Board October 8, 2003 Kivel Variance ANALYSIS Land Use & Zoning The following chart describes the land use and zoning for the subject site, as well as surrounding properties. Location Guided Land Use Existing Zoning Site Low Density, Unsewered Residential Rural Executive (R -X) West Low Density, Sewered Residential (across 35E) Rural Executive (across 35E) North Low Density, Unsewered Residential Rural Executive (R -X) East Otter Lake Otter Lake South Low Density, Unsewered Residential Rural Executive (R -X) Site Configuration There has been a new driveway poured on the site, as well as what could be used as a garage pad. The driveway exists in County right -of -way, with the slab area existing where the applicant's survey notes the proposed garage to be located. The key factor on this site is keep in mind what is actually road right -of -way area, and what is private property. Setbacks The proposed garage is to be sited less than a foot from the front property line of the applicant's property. The Lino Lakes Zoning Ordinance directs that there should be a 40- foot street setback for Otter Lake Road, which is classed as a Major Collector under the Lino Lakes Transportation Plan. Thus, there is a 40 -foot difference between what the applicant is proposing and what the zoning ordinance directs. The applicant is requesting a variance from the required street setback — (as well as a variance from the requirement that accessory structures not be sited closer to the street than the principle structure) — based on the following physical constraints /impediments: a holding tank, a drainfield, and topography which drops on the southern portion of the lot. All three of these constraints constitute legitimate hardships in terms of variance criteria, as they prohibit the applicant from complying with what the ordinance requires in terms of where a garage should be located. 2