05-03-2021 Council Work Session Packet

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3 Building Permit Approval Staff has been asked why we didn’t note on the building permit that a driveway to Pinto Lane was not allowed. 1. The applicant stated during April 14, 2021 Planning & Zoning Board meeting it was not his original intent to construct a driveway when we built the detached accessory structure. 2. It is not illegal to construct an accessory structure with a garage door. 3. There is no regulation that states an accessory structure with a garage door must be accessible by a passenger motor vehicle such as a car, pickup truck, van, motorcycle etc. 4. There are several detached accessory structures in the City with garage doors and no second driveway. 5. The applicant’s building permit application and site plan/survey provided no indication that a driveway was intended to be installed. See Attachment #6. 6. Building permit applications are often submitted by the contractor and not reviewed by the property owner. 7. The applicant was aware nine (9) days after the building permit was issued that a second driveway was not allowed. Off-Street Parking Regulations City Zoning Ordinance Section 1007.044 regulates off-street parking. Per the section’s Purpose Statement: (1) Purpose. The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles upon various parcels of land or structures. Regulating the number of driveways and implementing access management practices are standard zoning and traffic safety tools. They serve a number of purposes including: • Minimize conflicts and accidents with vehicle, pedestrian and bicycles using street. • Preserve areas for on-street parking. o In an August 25, 2020 email between the applicant and Diane Hankee, City Engineer, the applicant states, “If there is any way I could be allowed to have a 10 foot wide driveway from my new garage to Pinto Lane, please let me know. For the past couple years, I have been having issues with one neighbor who parks his work truck everyday in front of my 10’ gate that I use to access my back yard from Pinto Lane. He refuses to move it when I ask him to which causes me to have to watch for him to be at work so I can get into my back yard with a vehicle. I would be more than willing to use any surface you would require for this driveway if allowed to have one.” o There are currently conflicts with on-street parking and the illegal driveway.