09-18-1996 - Laserfiche WebLink

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Mounds View Planning Commission Page 4 September 11, 1996 Staff is suggesting that the Code be clarified to match our practice (see Section 3, Subd. 4.a. on page 2 of the attached ordinance). • requiring encroachment permit for driveways and parking areas in easements A recent case involving a lot split raised the question whether or not driveways and parking areas can be located in easements. Our Code is silent on this issue. The City needs to protect its ability to use these easements, and to put the property owner on notice that if improvements must be removed, for example, to work on utility lines, the property owner is obligated to repair or replace the improvements. Staff is suggesting that a requirement for approval of an encroachment permit be added if driveways or parking areas would encroach into easements (see Section 3, Subd. 4.b. and c. on page 2-3 of the attached ordinance). • clarifying the allowance for "temporary parking area"within 1 foot of property lines The proposal would add a cross-reference to the section of the Code where surfacing for temporary parking areas is defined, so it is clear what type of surfacing can be used. It • would also require that permission from the adjacent property owner be provided on a form acceptable to the City. Staff would note that we are uncomfortable with this provision and would suggest the Planning Commission revisit it. Is the allowance for a temporary parking area revocable? What if the neighboring property is sold, and the new owner objects to the temporary parking area? If there is no way to remove them, why are they considered temporary? Our preference would be to hold the line on the setback requirement for parking areas at five feet. The Planning Commission may have more history on this issue, however, and the need for cleaning up areas used for parking. • adding provisions to deal with non-conforming parking lots Staff recognizes that the changes in the setback requirements for parking lots may create situations where existing parking lots become non-conforming. We are suggesting that non-conforming parking lots be allowed to remain, to be resurfaced and restriped, and to have potholes and curbing repaired. If the parking surface is removed to the subgrade, however, the parking lot would have to be brought into conformance with setback requirements.