Agenda Packets - 2012/04/23 - Laserfiche WebLink

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Item No: 7A Meeting Date: April 23, 2012 Type of Business: Council Business Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Area E SUIP Driveway Curb Cut Appeals at 5177 Red Oak Drive and 5176 Longview Drive Introduction: Dayton and Lillian Ward, property owners of 5177 Red Oak Drive, and William and Jenna Bohl, property owners of 5176 Longview Drive are requesting City Council approval to allow their existing driveway curb cuts to remain wider than the 24 feet that is allowed by the City Code. Background: On February 27, 2012, City Staff mailed letters to property owners in Street & Utility Improvement Program Area E that have driveway curb cuts that do not meet the current City Code regulations for either setback from property lines or maximum width. The letter stated that as part of the street reconstruction projects, the City would be installing the new driveway curb cuts and aprons to current City Code requirements: a minimum five foot setback and maximum width of 24 feet. Property owners can appeal this decision as stated in Zoning Code Chapter 1121.09 Subd 5g: In conjunction with street improvement projects or in conjunction with individual driveway replacements projects, nonconforming curb cuts shall be made conforming to whatever extent practicable. If, in the opinion of the directors of public works, and community development, a nonconforming curb cut cannot be made conforming without undue hardship or disruption to the property, the curb cut may remain in existence, unchanged. Decisions regarding curb cuts may be appealed in writing to the City Council. City staff met with both property owners to review the City Code and the Council policies about driveways. As staff explained to the applicants, the City has several City Code provisions that affect and regulate the placement and construction of driveways, and the City Council adopted Resolution 7338 (attached) on September 22, 2008, that set the City policies and standards to address non-conforming curb cuts within the street and utility improvement programs. The City Code is in place to help improve the look of properties in Mounds View and to provide consistent policies and standards for all residential properties in the City. The City of Mounds View has always required permits for all driveways, and when permits are not applied for, driveways that do not meet the City Code are often installed. At this time, the City is working with the property owners in the SUIP areas to correct only the curb cuts, not the entire driveway, even if the whole driveway is also out of compliance. The rest of the driveway does not have to be brought into compliance until it is replaced. Discussion: Resolution 7338 outlines the three conditions and standards where the City will allow a single- family property to exceed the maximum width requirement stated in City Code Chapter 1121.