09-04-2019 PC Packet - Laserfiche WebLink

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Item 05A Page 2 of 9 2019, the Commission requested that Staff work on an amendment to reduce the 5’ setback requirement. It is Staff’s intent to incorporate this into its update of the Zoning Code (larger undertaking). The criteria for granting a Variance, and Staff’s recommended Findings are included in the Resolution. In summary, because the City installed a driveway apron with a 3’ setback, it is reasonable that the new driveway match this setback. An alternative to a Variance is for the Applicant to remove a large tree, allowing an expansion of the driveway toward the house. Without a survey, and based only on aerial photos, the tree is approximately 15’ from the property line. If to be compliant with the 5’ setback, a 10’ driveway width would be very narrow. Please note that the application is for a 3’ setback, and does not address the existing parking pad, which appears to have a 0’ setback, and may encroach into the neighbor’s yard. The Resolution as written, would require the Applicant to remove that portion of the parking pad, to comply with a 3’ setback. Summary The Applicant installed a driveway with a 5’ setback in the front, and a 3’ setback in the rear, and is requesting a Variance to allow it to remain with a 3’ setback. A Public Hearing Notice was published in the New Brighton -Mounds View Bulletin on August 22, 2019, and mailed to neighboring property owners within 350’. Strategic Plan Strategy/Goal: N/A Financial Impact: N/A Staff Recommendation Staff recommends approval of Resolution 1106-09, Approving a Variance to reduce the side yard from 5’ to 3’. Staff requests that the Commission conduct a Public Hearing, and consider the following options: 1. Approve Resolution 1106-19, Approving the Variance. 2. Deny Resolution 1106-19, with Findings to support the Denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Commission can simply move to table the request until such information has been provided. Because of the 60-day requirement (Deadline: October 15, 2019) the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval.