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2 Per the applicant’s narrative, the closing date to purchase the home was on November 15, 2018 and it was too late in the year to have the driveway replaced (Attachment #2). A temporary certificate of occupancy was issued on November 13, 2018 and a $1,000 escrow was collected from the property owner until the driveway issue is resolved. The parcel is a 16,139 sf corner lot on a platted cul de sac. The paved road and curb are approximately 60 feet from the lot line (aka right-of-way line). The existing driveway is 34 feet wide at the property line and tapers to 20 feet at the curb. The ordinance allows for a 26 foot wide driveway from the property line to the curb. The applicant states in their narrative several reasons why it is hard to comply with the ordinance due to the distance from the curb to the property line. Staff will note that platted cul duc sacs and 4 stall garages are not unique (Attachment #6). The distance from the curb to the property line is not relevant and the Certificate of Survey submitted with the building permit showed that a compliant driveway is possible. A 26 foot wide driveway from the curb to the property line is feasible and would be compliant. The property is zoned R-1, Single Family Residential and is located in an urban residential subdivision. The City Engineer does not approve widening of the curb cut. The property owners would be required to cut out an 8 foot wide section of the driveway. They are requesting a variance instead of having to cut out a section of the driveway. Zoning Ordinance Per Section 1007.044(3)(h): 7. Curb Cut/Driveway Width. No curb cut shall exceed twenty-six (26) feet in width within a residential zoning district, or thirty-six (36) feet in width if the property is in a commercial, industrial, or public/semi-public zoning district, as measured at the street right-of- way line unless approved by the City Engineer. The driveway associated with such curb cut may increase in width at an angle not greater than forty-five (45) degrees. At the March 5, 2018 Council Work Session, staff presented a report regarding driveway widths. The staff report detailed that driveway width restrictions are fairly common and serve a number of purposes. These include: • Maintain front yard green space and enhance the streetscape. • Preserve areas for on-street parking. • Minimize impact and maintenance costs to public right-of-way and utility corridors. • Preserve street snow storage. • Minimize conflicts with vehicle, pedestrian and bicycles using street. • Minimize impervious surfaces. The Council concurred that the current regulations are fine and the ordinance was not amended to allow for wider driveways. Attachment #5 is a Driveway Exhibit depicting a 26 foot wide curb cut and 45 degree angle. Findings of Fact