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Item No: 7C Meeting Date: June 11, 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: 2012 Project Area E SUIP Driveway Appeal for a Second Curb Cut at 5101 Brighton Lane Introduction: Michael & Melinda Collins, property owners of 5101 Brighton Lane since 1988, are requesting City Council approval to install a second driveway curb cut on their property. This lot is on the northwest corner of Brighton Lane and Woodcrest Drive, with the garage and driveway accessing Brighton Lane. There are city records of a 1986 permit to install concrete in the backyard between the house and a shed, and a strip leading to the south property line. The concrete was installed up to the property line, with grass left between the concrete and the street. The Collins have occasionally been driving into their backyard from Woodcrest Drive since there is easy access and the concrete area to park on. They want to continue to be able to drive into the backyard after the new curbs are installed. Background: In February, 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. The property at 5101 Brighton Lane did not receive a letter because City Staff did not determine there was a true second curb cut on this property. Mr. and Mrs. Collins came in to City Hall on Thursday, May 31, 2012 to submit their Private Improvement Program application and fee for the second curb cut. City Staff originally approved the request based on aerial photos, but after further review and a site visit, staff determined that there was in fact no true curb cut at the street and denied the request. Staff mailed a letter to the property owners on Friday, June 1, 2012, to inform them of the denial. City staff talked to the property owners to review the City Code and the policies adopted in Resolution 7338 that set the City 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. 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. 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.