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Item No: 9D Meeting Date: Jan 24, 2004 Type of Business: PH & CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 756, an Ordinance Amending Sections of the Mounds View City Code Pertaining to Non-Conforming Driveways, Driveway Setbacks and Curb Cuts (ROLL CALL VOTE) Introduction: On September 13, 2004, the City Council adopted Ordinance 752, an ordinance striking language from the City Code that had allowed for driveway setbacks up to up one foot from a property line in single and two-family residential districts. In addition to eliminating the one- foot setback, the ordinance established a mechanism to allow for administrative variances for driveways that had been previously granted a one-foot setback. The language adopted by the Council was the same language recommended by the Planning Commission. During the review and consideration of Ordinance 752, it became apparent that the regulations for driveways and curb cuts were confusing and difficult to administer due to the various amendments that had been adopted over the years. The Planning Commission reviewed the pertinent sections of Code and suggested amendments as articulated in the attached Ordinance 756. The City Council reviewed the proposed amendments on January 10, 2005, approving the first reading and introduction of the attached ordinance. Discussion: The primary regulation of driveways occurs in Section 1104.01, subdivision 4b, with the language extending “protection” to nonconforming driveways and curb cuts as follows: (2) Driveways in existence as of the date of enactment of ordinance 620 and which do not conform to the provisions of this subsection, may continue subject to the provisions of Section 902.02, subdivision 2. (Ord. 620, 7-27-98; Ord. 642, 1-10-00) Subpart 2 above indicates that nonconforming permanent driveways installed prior to 1998 may remain in place, may be altered, expanded or replaced so long as the driveway or curb cut does not pose a significant public safety hazard. Driveways installed after that date have no such extra protection. Staff’s position, which was supported by the Planning Commission, is if the driveway or curb cut can be made conforming in association with a street improvement project or a private driveway replacement project, why preclude that as a possibility?