01/14/2004 P&Z Packet - Laserfiche WebLink

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• ID Planning & Zoning Board January 14, 2004 Kivel Variance Additionally, this new configuration also achieves another prime objective: siting the garage outside of Anoka County's stated future right -of -way area. The memo from Roger Butler, Anoka County Traffic Engineering Coordinator (Exhibit 2), states that Anoka will require an additional 10 of right -of -way for Otter Lake Road. With the applicant's new proposal, the garage would result in a setback of five feet from the property line once this additional ten feet is taken, whereas with previous configurations the garage would have been sited within this future right -of -way area. Lastly, the new configuration also eliminates the need for a second variance. That is, the variance to allow a detached accessory structure to be placed closer the front lot line that the principle structure is no longer needed because the garage is now attached. Grounds for Variance The applicant is requesting a variance from the required street setback 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 directs. Accessory Building Requirements The Lino Lakes Zoning Ordinance (Sec. 3, subd. 4.D.8.f)='directs that the subject property be allowed up to 1,200 sq.ft. of accessory building square footage. Additionally, the number of accessory buildings is limited to either two detached accessory structures OR one detached and one attached structure. The proposed garage would meet these requirements. The Zoning Ordinance (Sec. 5, subd. 2.C.3) further states that all dwellings located in the R -X District shall have a double garage. Otter Lake Road Right -of -Way The County reports it currently has 50 feet of right -of -way east of the centerline of Otter Lake Road, but that it will require an additional 10 feet of right -of -way for future road improvements, for a total of 60 feet of right -of -way east of the centerline. The applicant's current proposal sites the garage 15 feet from the current right -of- way /property line under (50 feet R.O.W.), which would then decrease to 5 feet from the right -of -way /property line under the future Anoka conditions (60 feet R.O.W.). Additionally, the Lino Lakes Park & Trail plan shows a future trail to be located along Otter Lake Road. Public Services Director Rick DeGardner states that any such future