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Mounds View Planning Commission December 16, 1998 Special Meeting Page 7 removing the old driveway and putting in a new driveway? Or is it just simple maintenance and repair, Ericson asked. Miller said in the City's other Codes that apply to conditions that are destroyed more than 50 percent, those situations have to be brought up to code. Tobias'two curb cuts are nonconforming and you aren't bringing it up to code by fixing it up. Riggs said the easiest way to read the Code is that Tobias' situation was a destruction and would cease the nonconformity at that point in time. The cities that have been used for comparison have a little better definition of what a "damage and destruction" is, Riggs said. Peterson recommended considering the curb cut issue separate from the driveway replacement issue. The Commission concurred. Ulrich said his only concern with Tobias' situation is how close his driveway is to the intersection and the safety issue involved with Tobias backing out of his driveway into heavy traffic conditions. Johnson said he would not be in favor of changing the ordinance because of the precedent it would set. It invites other residents to request variances because of some situation that is not allowed by Code. Peterson asked if there were setback requirements for a driveway to • a corner. The Code stipulates 50' in either direction of an intersection, Ulrich added. Brasaemle said it was his opinion that the Council should decide on this variance request based on the merits of the particular case. If the City needs to revisit the Code, that should be done in a more research orientated approach rather than making the Code change based on this one case. Koopmeiners stated in all of his years working for the Police Department he had never seen an accident that involved a two-curb-cut lot. Peterson closed the public hearing. Motion/Second: Brasaemle/Stevenson to inform the City Council that after considering testimony at the public hearing, it is the opinion of the Planning Commission that Chapter 1121 of the Mounds View City Code(Off-Street Parking Requirements)Regarding Multiple Curb Cuts on corner Lots within Single Family Residential Districts, should stand "as is." Ayes- 6 Nays- 0 The motion carried. The Commission directed staff to gather information on what constitutes repair work and what constitutes replacement work in regard to residential driveways in the City of Mounds View. This would include criteria for different types of building and all applicable setback issues. The • information can be presented to the Commission at a later Planning Commission Meeting.