Agenda Packets - 2008/09/22 - Laserfiche WebLink

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Driveway widths and setbacks Current City Code allows a maximum driveway width of 24 feet within the public right of way and a minimum side yard setback of 5 feet. The December 2006 feasibility report found a number of existing driveways that did not meet the Code requirements. The recommendation of the feasibility report was that these driveways should be brought into compliance with the Code, if possible, as part of the street improvement project. Discussion: At their meeting of August 18, 2008, the Streets and Utilities Committee discussed the issue of non-conforming driveways. Staff prepared a memo to provide the information from the City Code and to present the recommendations from feasibility report on the previously proposed 2007-2008 street project. The Committee generally expressed support for the recommendations from the feasibility report. The Committee further recommended that in instances where driveway widths could not be brought into conformance with the Code (i.e. a driveway needed to be constructed wider than the 24-foot maximum width), all costs related to constructing the driveway wider than 24 feet be the responsibility of the property owner. The Committee passed a motion (by a 5-1 vote) recommending the following: x that the property owner be 100% responsible for the costs of a second driveway access, and x that the property owner be 100% responsible for all costs required to construct a driveway above and beyond the maximum 24-foot width, where approved by Staff. Per City Code, only properties with multiple accesses prior to adoption of the ordinance would be allowed to keep the additional access, and only if the City did not deem them to be a danger or public safety hazard. Also per Code, unimproved, soil access driveways would not be allowed as a second access. Implementation The new financing plan for the Street and Utility Improvement Program, adopted in October 2007, does not include any direct assessments to properties. Therefore, if the recommendations of the Streets and Utilities Committee were to be implemented, a method would need to be developed to allow the City to assign the costs of the driveway improvements to the property owner. Staff recommends that a signed agreement should be entered into between the City and each property owner who is approved to keep a multiple driveway or an extra-wide driveway. The agreement should be entered into before construction occurs. The agreement would serve the following purposes: