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e . . .. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 768-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CODE AMENDMENT TO THE ZONING CODE REGARDING DRIVEWAY SETBACKS WHEREAS, the City Council has asked the Planning Commission to review the driveway setback regulations pertaining to the reduced setback allowances; and, WHEREAS, current City Code regulations indicate that driveways shall be set back five feet from a property line, except that driveways in single and two family residential districts may be set back up to but not less than one-foot from a property line, provided the adjoining property owner consents to such setback; and, WHEREAS, the Planning Commission has reviewed the pertinent Chapters and Sections of the City Code and feels a code amendment should be adopted to eliminate the allowance for a reduced driveway setback in the single and two-family residential zoning districts. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission has identified the following findings in support of such an amendment: . Neighbors may be pressured or coerced into signing the consent form . Neighbors may fear or face retaliation if they fail to consent . Granting the neighbor "veto rights" may infringe on the subject property owner's rights to due process. . Maintaining a five foot setback would ensure easement areas remain unimproved . Eliminates driveways accidentally being installed on neighboring property . Prevents stormwater run-off from being immediately directed to adjoining property NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to the Mounds View Zoning Code substantially similar to the following: See Exhibit A. NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 4th day of February, 2004. (7 ~ ---rf' ~'_ ~ .~;/ c3'l/ --r:/Z./'02-z..~' "'-" Gary Stevenson, ehairperson L._j ATTEST: C. ,,---JC\.:...A.'~ G/'"V-z,c^-B-7-' James Ericson, Community Dev. Director (SEAL)