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MOUNDS VIEW CITY COUNCIL September 22, 1980 <br />Regular Meeting Page Two <br />Mr. Odle indicated that he would need to <br />put in an s-shaped drive which would be <br />very impractical. Upon receiving this in- <br />formation from the inspector, Mr. Odle <br />came to City Hall and reviewed the present <br />city codes. He noted to the Council that <br />he did not find this requirement clearly <br />stated in the codes. He is present at this <br />Council meeting to ask for additional clari- <br />fication as well as approval for a variance. <br />Official Rose noted to Council that he had <br />been working with Mr. Odle on this matter. <br />Rose noted a point of confusion in the past <br />regarding this code was in regard to the need <br />ofpermission or an agreement from the resident's <br />neighbor to allow a driveway closer than 5' to <br />the lot line. Rose stated that the existing <br />Code 40.05 Subd. C (b) states that a 5' setback <br />on the garage side is allowed. Code Section <br />40.05 Subd. D does not list a driveway as a <br />"considered encroachment on yard setback re- <br />quirements". <br />Code Section 40.07 Subd. D (8) g states the <br />curb cut openings in a residential district <br />may come within 3' (intended to give a radius <br />paving at the curb cut, not to allow driveway <br />setbacks to exceed a minimum of 3' up to the <br />line). Code Section 40.07 Subd. (8) states <br />that, except for single, two-family and town- <br />houses, a perimeter curb barrier is required <br />around a parking lot not closer than 5' (this <br />has been interpreted to qualify whether or not <br />a curb barrier is required but not to be taken <br />as an exception for a 5' setback for single/two <br />family or townhouse driveways). <br />Rose further stated that the present codes do <br />not clearly state in any section the allowing <br />of a single family driveway closer than 5' to a <br />property line. Staff has used Code Section 40.01 <br />Subd H consistently to prohibit the use unless <br />a variance was granted by either the Planning <br />Commission or the City Council (based on Staff's <br />understanding of the City's intent to require <br />single family driveways 5' from the lot lines). <br />MOTION: <br />Rowley made a motion, seconded by Ziebarth <br />to instruct Mr. Odle to apply for a variance. <br />Ayes-Rowley, McCarthy, Hodges <br />Nay s-Ziebarth, Forslund THE MOTION CARRIED. <br />