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Mounds View Planning Commission November 17, 2004 Regular Meeting Page 2 ________________________________________________________________________ 5. Review City Code Language Pertaining to Driveways, Driveway Setbacks and Curb Cuts Community Development Director Ericson indicated that in September of 2004 the City Council adopted Ordinance 752, an Ordinance striking language from the Code that, up to that point, had allowed for driveway setbacks up to one foot from a property line in single and two-family residential districts, as long as the adjoining property owner indicated consent in writing. The Ordinance also allowed for administrative variances for driveways that had been previously granted a one-foot setback. Director Ericson indicated that during 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 adopted over the years and Staff is before the Commission to discuss the potential ways to eliminate some of the confusion and to make the Code easier to administrate. Director Ericson indicated that it is difficult to determine when a driveway was constructed and where the driveway was originally. He then said that because of this, Staff is recommending eliminating the language grandfathering non-conforming driveways. He further indicated that a non-conforming driveway could be maintained, but it would not be allowed to be enlarged or replaced. Staff is also eliminating permit fees for driveway overlays in 2005. Director Ericson indicated that what Staff is proposing is meant to clarify and make consistent the non-conforming language in the City Code. Director Ericson indicated that the same would be true for curb cuts noting that if it was in place prior to the adoption of Ordinance 620 it is allowed to remain. He then explained that the intent at the time was not to cause a hardship on property owners, but the impact is that it gives the City no opportunity to bring a nonconforming curb cut into conformance with the Code. He further indicated that Staff is suggesting eliminating that language and allowing for an administrative variance application if it can be shown that there are no other options for a curb cut. Director Ericson indicated that the reason for the proposed language change is to change from a blanket allowance of nonconformity to allow the City the option of looking at the situation and determining if there is a way to bring it into conformity. He then said that this would eliminate a lot of Staff time done on researching each driveway situation. Chair Stevenson asked that the language on the curb cuts include that property owners have the option to appeal the decision to the City Council. Director Ericson suggested that the appropriate language would be that the appeal body is the City Council for administrative decisions and zoning issues would come to the Planning Commission.