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

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• • Planning & Zoning Board January 14, 2004 Kivel Variance should be adequately accommodated within the 60 feet right -of -way that the County requires (Exhibit #3). Anoka County Right -of -Way Acquisitions staff person Mike Kelly, however, counsels that Anoka County — in light of budget cuts — is currently reviewing how it administers its right -of -way and urged Lino Lakes to consider its own right -of -way needs for paths /trails in situations such as the subject application, rather than fully relying on the County. Neighboring Property to the North Planning & Zoning Board members requested that the applicant explore a possible purchase or land swap with his neighbor to the north, whereby it might be possible to construct a driveway on the north side of the home which would lead to a garage site on the lake -side of the home. The applicant has reported that his neighbor has no interest in selling or swapping land. Conclusion There is definitely hardship demonstrated in the form of the location of the holding tank, drain field, and topography, the locations of which are precluding a garage from being sited in areas which would satisfy zoning ordinance requirements. For these reasons, staff would recommend approval of this variance, with the following condition: 1.) The applicants, their successors, and assigns are hereby notified that should Otter Lake Road expand by ten feet or less, neither the City and/or road authority will pay compensation to the property owners for severance damages due to their encroachment in the setback area. OPTIONS 1.) Recommend approval of the proposed variance. 2.) Recommend denial of the proposed variance. 3.) Return to staff with direction. RECOMMENDATION Option #1