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Item No: 3A Meeting Date: June 7, 2004 Type of Business: Worksession Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Review of City Code Section 1104.01, Subd 4c(1)(a) Pertaining to Driveway Setbacks in residential Districts Introduction: Driveways in single-family and two-family residential zoning districts are permitted at five-foot setbacks to the side lot lines. Section 1104.01, Subd 4c(1)(a) provides for an exception for a one foot setback as long as the adjoining property owner or owners consent by signing a statement to that effect. If the reduced setback would cause the driveway to be located in an easement, the property owner would need to first obtain an encroachment permit from the responsible authority, if such a permit is required. Discussion: The intent of this provision is to allow for driveways closer to the property line in the R-1 and R-2 zoning districts than what is ordinarily allowed if the neighbor agrees. While this allows some flexibility for the property owner, the question that should be addressed is whether the neighbor should have that authority. Staff does not support the current language allowing the neighbor to control the outcome of a driveway location for a variety of reasons: • The neighbor may be pressured or coerced into signing the consent form • The neighbor may fear retaliation if they fail to consent • The neighbor may consent, then move the next month, and the new neighbor opposes the location so close to the property line • Granting the neighbor “veto rights” may infringe on the subject property owner’s rights to due process. If the Council were to take the position that the neighbor consent requirement is unacceptable, the Code should be amended to allow by right either a five-foot setback or the one-foot setback. Staff would support elimination of the one-foot setback for the following reasons: • Researching easement locations is time consuming for staff • Keeping the five foot setback allows for channeled drainage between homes • Neighbors no longer put in the uncomfortable and inappropriate position of having to say yes or no to a driveway • Maintaining a five foot setback would ensure easement areas remain unimproved • Reduced setbacks should be granted by variance