11/12/2003 P&Z Packet - Laserfiche WebLink

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• • • Planning & Zoning Board October 8, 2003 Page 3 B. Joseph Kivel, 6262 Otter Lake Road, Variances Staff stated applicant was requesting two variances for a detached garage on his property: one, for placement closer to the street than the home and two, for placement closer to the street than the required 40 -foot setback. She noted the property contained an existing older home, but no garage. The garage that used to belong to the home now existed on the property to the north, which was split off from what is now known as the Kivel property back in 1979. Staff recommended denying the variance, as it would effectively increase public costs for future road improvement projects, as Anoka County had stated Otter Lake Road future improvements would require an increase to a 60 -foot right -of -way (ten feet more than the existing 50 feet of right -of -way), and because it placed an accessory structure too close to the road right -of -way, as it offered absolutely no setback from a major collector roadway. Chair Schaps asked if other options had been explored with applicant. Ms. Gretz replied the applicant had explored other areas on his property. Mr. Tralle stated he had looked at the property and there was no other place to put the garage, unless he moved it forward within five feet of the house. Ms. Gretz noted they could move the garage out of Anoka County's needed right -of -way area, but there was still a 40 -foot difference with respect to the City's Zoning Ordinance and it's requirement of a street setback. Ms. Gretz acknowledged that while hardship could be demonstrated with this request, the home was so close to the road that there were not any options for a garage even though the Ordinance required a two -car garage. She noted there was a possibility of other options such as filling, but those options would be expensive and problematic in themselves. Mr. Corson asked if there were any possibility of City sewer and water being extended into this area in the near future, so the septic system would not be needed. Mr. Smyser replied he did not believe it would occur by 2010 and even if this were in a long -term growth area, utilities would not be extended for some time. Mr. Smyser pointed out that the property owner had created this problem because they split the lot and disconnected the garage from the lot where the home was located. He indicated while Anoka County had not committed to widening the road in anytime in the near future, it would eventually be widened and the garage would need to be removed at that time. He noted this was an expensive proposition. Mr. Joe Kivel, applicant, stated when he did his septic system, this was the only place where the engineer would allow it to go. He indicated he did not split the lot; it was split over 20 years ago and he was not the owner of the property 20 years ago. He stated he believed he could site the proposed garage outside of the 60 -foot right -of -way area needed by Anoka County, and he would be willing to obtain a better survey to show that this was possible. DRAFT MINUTES