2006.10.12 BOZA Minutes - Laserfiche WebLink

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Board of Zoning Adjustments Meeting October 12, 2006 - page 3 a variance from the maximum width, as well as approval from Council for an encroachment agreement to allow the driveway to be located within the six-foot drainage and utility easement located along the property line. He explained the application had been evaluated by staff and it was found it did not meet the criteria for the granting of a variance. The applicant's desire to increase the driveway was a self-created hardship. The strict enforcement of the ordinance would not cause undue hardship because a 24 -foot driveway was adequate to access a garage and the pad between the garage and property line could be removed or reduced. Schumann commented there could be an issue with the utility easement. The CDD stated policy was to prohibit encroachment into easements with permanent structures. Schumann had visited the site and noticed other homes in the area had similar structures with double garages and class five rock to expand the driveways. He questioned whether that was any more attractive. He pointed out there had been discussions on parking trailers and campers on the side of garages and he was reluctant to require the driveway be removed when the ordinance may be revised to require those items be parked there. He said the drainage and utility easement was a separate issue and staff needed to look into whether there were any utilities in the easement. Brunotte asked if the retaining wall was in the easement as well. The CDD said it was and pointed out where the wall was located on the property line. Schumann opened the public hearing. Mike Cirecis, 6212 147th Street North, said he lived next to the applicant and the driveway was not noticeable, it looked nice and the wall was well built. He said it would be a shame to have him remove it. Puleo asked about the encroachment in the easement. The CDD said the Council could approve an encroachment agreement to allow it. Schumann made motion, Puleo seconded, to table the item until the next meeting to allow staff to determine if there were any issues regarding the easement. All Ayes. Motion carried. Adjournment Puleo made motion, Brunotte seconded, to adjourn at 7:27 p.m. All Ayes. Motion carried.