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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 • • Attachment J PLANNING FILE 07-036 Request by Kevin Barrett, 3005 S Owasso Boulevard, and Chet Kurtz, 3015 S Owasso Boulevard, for a MINOR SUBDIVISION (Lot Line Correction) and a VARIANCE to Section 1004.015 of the Roseville City Code to allow shifting of the shared lot line (north/south) to alleviate a non-conforming driveway. Chair Bakeman opened the Public Hearing for Planning File 07-036. Associate Planner Bryan Lloyd reviewed the request of the applicants for a LOT LINE CORRECTION AND VARIANCE to allow the shifting of the common lot line between 3005 and 3015 S Owasso Boulevard to alleviate a nonconforming driveway. Mr. Lloyd advised that the lot line correction would place the property boundary on the proper side of the driveway, but that a variance would still be required to account for the substandard setbacks of the existing garage and driveway from the relocated property line. Mr. Lloyd reviewed survey inconsistencies, and detailed the request for the lot line correction to realign the shared property boundary 7.38 feet in a southerly direction to be consistent with the apparently erroneous surveys used for the location and construction of the existing homes. Mr. �loyd advised that because some of the existing pavement serving the Kurtz property would still encroach onto the new Barrett property, that encroaching portion would need to be removed. Mr. Lloyd further detailed staff recommendations for removal of an additional pavement section to achieve a one foot (1') setback from the property line, which appeared to leave a minimum of nine feet (9') of pavement at its narrowest point next to the Kurtz garage, requiring approval of a four foot (4') VARIANCE to City Code, Section 1004.016 (Driveway Setbacks). Mr. Lloyd advised that the Certificate of Survey by E. G. Rud & Sons dated November 21, 2006 and provided to staff in the spring of 2007 regarding the Kurtz and Barrett properties provided clarification on the actual property lines and driveway encroachment. Mr. Lloyd noted that the requested LOT LINE CORRECTION realigned the shared property boundary, and sought for removal of existing and encroaching pavement to achieve a one foot (1') setback from the property line, leaving a minimum of nine feet (9') of pavement at its narrowest point next to the Kurtz garage, requiring a four foot (4') variance. Staff recommended APPROVAL of the requested LOT LINE CORRECTION AND VARIANCE at 3005 and 3015 S Owasso Boulevard, based on the comments and findings of Sections 4 and 5, and subject to the conditions detailed in Section 6 of the project report dated July 11, 2007. Discussion included recommending City Council granting of the variance if they approve the proposed approval for the lot line correction; if the bituminous surface was proposed to be removed all the way to the front of the lot; and City Engineer Bloom's opinion that the existing driveway and right-of-way met code, as confirmed during reconstruction of S Owasso Boulevard. Applicant, Paulette Barrett, 3005 S Owasso Boulevard Ms. Barrett addressed Commissioner Wozniak's questions regarding verbal agreements with the adjoining property owner (Mr. Kurtz) on removal of the pavement; and existing angle of the driveway near the front of the property line.