2023-10-04 PC Packet - Laserfiche WebLink

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Planning Commission Staff Report 10/04/2023 — Eklund, Administrative Variance, 8421 Spring Lake Road Page 2 meet the required 10-ft side setback. The existing driveway is a legal non -conforming use and can remain but may not be expanded without a variance. In this case, the property owner wants to modify the driveway by adding surface that is within the 10-ft setback — to within 1 ft of the property line — which requires a variance. It can be approved with an Administrative Variance per Section 160.470 (code excerpt attached). Existing Driveway Part of the driveway is an existing non -conforming use, being inside the required 10-foot setback. This meets one of the criteria for an Administrative Variance in 160.470 (A)(2). In Harmony with Zoning Ordinance and Comprehensive Plan The property and request are in line with the comp plan and zoning code. Reasonable Manner The use of the property for a driveway is reasonable and typical. Unique Circumstances The unique circumstances with this driveway are that there is existing pavement out to the lot line, within the required setback, but not an area large enough for reasonable access and turnaround, including handicapped access. This is a pre-existing condition not created by the applicant. There are practical difficulties to meeting the ordinance: having all pavement meet the 10-ft setback would create an awkward space on the driveway that would be difficult to use. Character of the Locality The driveway modifications will be barely visible to surrounding property owners and will not change the character of the locality. Minimum Variance The request is very modest and is the minimum needed to create a reasonable space for accessing the vehicles. Economic Considerations This criterion typically means that the applicant could meet the ordinance if they spent more money. That is not the case here and this criterion does not apply. The new driveway would be 26'-3" wide. A small portion of the existing driveway beyond that width would be removed and another part of the area that is now bare dirt would be paved with new asphalt. The new revised edge of the driveway would be 1 ft from the side property line to the north. The new north side of the driveway is 27' long, stopping 8' from the existing garage apron. The plans are illustrated on the next page. Design with community in mind