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Mounds View City Council April 23, 2012 <br />Regular Meeting Page 2 <br /> <br />1. Resolution 7927 – 5177 Red Oak Drive 1 <br /> 2 <br />Planning Associate Heller stated after reviewing Area E in detail, she found several properties 3 <br />with non-conforming driveways. Through the Street and Utility Improvement Project, the City 4 <br />has been bringing non-conforming driveways into compliance. Letters were sent to these 5 <br />property owners and two properties have made appeals. The property at 5177 Red Oak Drive has 6 <br />a driveway width that exceeds the maximum allowable curb cut. Permits were not pulled for this 7 <br />non-conforming use. She recommended the driveway width be reduced to meet the City 8 <br />standards. 9 <br /> 10 <br />Dayton Ward, 5177 Red Oak Drive, provided a history of his property to the Council. Mr. Ward 11 <br />stated he has lived there since 1968. At the time, the home had a single car garage and single 12 <br />width driveway. Eventually he added 14 feet onto the garage and in 1998; he replaced the 13 <br />original driveway with concrete. Mr. Ward explained that the City Code addressing driveway 14 <br />widths was approved in 2008, which was 10 years after the completion of his driveway. He 15 <br />commented he was advised by the City he did not need a permit in 1998 as he was not changing 16 <br />any structures. Mr. Ward requested the Council allow his driveway width to remain. 17 <br /> 18 <br />Mayor Flaherty questioned who told him he did not need a building permit in 1998. Mr. Ward 19 <br />stated he came to City Hall and was told this information by staff. 20 <br /> 21 <br />Lillian Ward, 5177 Red Oak Drive, stated she has lived in her home for 44 years and loves the 22 <br />City of Mounds View. She explained that she and her husband had a vested interest in the 23 <br />community. Ms. Ward commented she and her husband invested a great deal of money in the 24 <br />driveway and landscaping in 1998. She added that her sprinkler system would also be torn up 25 <br />with the street improvement project. Ms. Ward questioned why her property was not 26 <br />grandfathered into compliance through the Resolution approved in 2008, as her improvements 27 <br />were made prior to that date. She was pleased that her road would be getting a curb and 28 <br />requested the Council allow the driveway width to remain. 29 <br /> 30 <br />Council Member Gunn asked what the Wards had parked beside their garage. Mr. Ward stated 31 <br />they had a 30-foot travel trailer parked alongside the garage. He indicated backing in his trailer 32 <br />would be hindered through the reduction of his driveway width. 33 <br /> 34 <br />Council Member Mueller questioned if a portion of the driveway would be torn out and re-35 <br />poured through the street improvement project. Public Works Director DeBar stated a five-foot 36 <br />transition patch was typical for most properties. The Ward’s driveway would be replaced with 37 <br />concrete. He then described how the driveway taper would be aligned if the curb width were 38 <br />brought into compliance. He estimated that four feet of the driveway would be lost. 39 <br /> 40 <br />Mayor Flaherty inquired if the right side of the driveway could be reduced given that this side of 41 <br />the driveway expanded four feet beyond the garage door. Mr. Ward stated there was 42 <br />approximately three feet of extra concrete on this side of the driveway. 43 <br /> 44 <br />Mayor Flaherty asked if the Wards were aware that their concrete would be torn up through the 45