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IiOUI3DS VIEW CITY COUNCIL September 22, 19b0 Regular Meeting Page Two I1r. Odle indicated that he would need to put in an s- shaped drive which would be very impractical. Upon receiving this in- formation from the inspector, Mr. Odle came to City Hall and reviewed the present city codes. He noted to. the Council that he did not find this requirement clearly stated in the codes. He is present at this Council meeting to ask for additional clari- fication as well as approval for a variance. Official Rose noted to Council that he had been working with 1Ir. Odle on this matter. Rose noted a point of confusion in the past regarding this code was in regard to the need ofpermission or an agreement from the resident's neighbor to allow a driveway closer than 5' to the lot line. Rose stated that the existing Code 40.05 Subd c (b) states that a 5' setback on the garage side is allowed. Code Section 40.05 Subd. D does not list a driveway as a "considered encroachment on yard setback re- quirements Code Section 40.07 Subd. D (8) g states the curb out openings in a residential district may come within 3' (intended to give a radius paving at the curb cut, not to allow driveway setbacks to exceed a minimum of 3' up to the line). Code Section 40.07 Subd. D (8) states that, except for single, two family and town houses, a perimeter curb barrier is required, around a parking lot not closer than 5' (this has been interpreted to qualify whether or not a curb barrier is required but not to be taken as an exception for a 5' setback for single /two family or townhouse driveways). Rose further stated that the present codes do not clearly state in any section the allowing of a single family driveway closer. than 5' to a property line. Staff has used Code Section 40.01 Subd H consistently to prohibit the use unless a variance was granted by either the Planning Commission or the City Council (based on Staff's understanding of the City's intent to require single family driveways 5' from the lot lines). MOTION: Row1eY made a motion, seconded by Ziebarth to instruct Mr. Odle to apply for a variance. Ayes- Rowley, i,cCarthy, Hodges Nays- :3iebarth, Forslund THE I,OTIO i CARRIED.