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STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: AGENDA ITEM 7 B Jeff Smyser June 25, 2001 Resolution 01-82 Variance From Collector Street Setback and Variance From Driveway Setback From Intersection Glenn Valentine, Ventura Homes, Inc. Southwest Corner, 64th St. & 20th Ave. ACTION REQUIRED: 3/5 vote BACKGROUND Mr. Glenn Valentine of Ventura Homes has applied for a variance from the required setback from a collector road. The site lies between I -35E and 20th Ave. (Co. Rd. 54). Most of the site is wetland. Only a small portion of the site is upland: the area along 20th Ave. Variances from required road setbacks will be needed if a house and driveway are to be built. Some wetland fill will be required. This report is based on the certificate of survey by E. G. Rud & Sons, Inc. dated 5/23/01. ANALYSIS Structure Setback From Road: In the R -X Rural Executive zoning district, the City's zoning ordinance requires a 40' building setback from a collector road such as 20th Ave. This site has only a small area of upland. Some wetland fill will be required if a house is to be built. The greater the road setback, the more wetland fill will occur. The request is to allow the structure to be 10 feet from the right of way of 20th Ave. Driveway Setback From Intersection: 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 is needed for this as well. The driveway as shown on the submitted survey is 10 feet from the intersection. Future Right of Way: Anoka County has informed us that it foresees the need for an additional five feet of right of way on each side of the road. If this occurs, the garage and driveway will be, only five feet from the ROW. While this is an undesirable situation, it is a trade-off between being closer to the road and filling more wetland. The City cannot simply prevent the property owner from using the land.