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<br />Item No: 10J <br />Meeting Date: August 23, 2004 <br />Type of Business: Council Business <br />Administrator Review: ___________ <br />City of Mounds View Staff Report <br />To: Mounds View City Council <br />From: James Ericson, Community Development Director <br />Item Title/Subject: First Reading and Introduction of Ordinance 752, an <br />Ordinance Amending Chapters 1104 and 1125 of the <br />Mounds View Zoning Code Pertaining to Driveway <br />Setbacks in Residential Districts <br /> <br />Introduction: <br /> <br />Driveways in single-family and two-family residential zoning districts are permitted at five-foot <br />setbacks to the side lot lines. Section 1104.01, Subd 4c(1)(a) provides for an exception for <br />a one-foot setback as long as the adjoining property owner or owners consent by signing a <br />statement to that effect. If the reduced setback would cause the driveway to be located in an <br />easement, the property owner would need to first obtain an encroachment permit from the <br />responsible authority, if such a permit is required. <br /> <br />The City Council directed staff to review this part of the Code and to suggest an amendment <br />that would eliminate the one-foot setback provision. <br /> <br />Discussion: <br /> <br />The original intent of this provision was to allow for driveways closer to the property line in <br />the R-1 and R-2 zoning districts than what is ordinarily allowed if the neighbor agrees. While <br />this allows some flexibility for the property owner, the issue at present is whether the <br />neighbor should have that authority. <br /> <br />Staff does not support the current language allowing the neighbor to control the outcome of a <br />driveway location for a variety of reasons: <br /> <br />• The neighbor may be pressured or coerced into signing the consent form <br />• The neighbor may fear retaliation if they fail to consent <br />• The neighbor may consent, then move the next month, and the new neighbor <br />opposes the location so close to the property line <br />• Granting the neighbor “veto rights” may infringe on the subject property owner’s <br />rights to due process. <br />• Maintaining a five foot setback would ensure easement areas remain unimproved <br />• Eliminates driveways accidentally being installed on neighboring property <br />• Stormwater run off directed to adjoining property <br /> <br />The Planning Commission reviewed this item on July 21 and on August 4, 2004, adopted a <br />resolution which supported the elimination of the one-foot setback. Resolution 784-04 is <br />attached for the Council’s reference.