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<br />Item No: 5 <br />Meeting Date: August 4, 2004 <br />Type of Business: Business <br />City of Mounds View Staff Report <br />To: Mounds View Planning Commission <br />From: James Ericson, Community Development Director <br />Item Title/Subject: Review of City Code Section 1104.01, Subd 4c(1)(a) <br />Pertaining to Driveway Setbacks in Residential <br />Districts <br /> <br />Introduction: <br /> <br />The Planning Commission reviewed this item on July 21, 2004 with a consensus to move <br />forward with an amendment to remove the language pertaining to the one-foot driveway <br />setback due to the numerous issues associated with it. The Commission had questioned <br />what would become of the existing driveways that had been granted approval at the one-foot <br />setback. There are three ordinances and two Code sections which relate to driveways, the <br />most important being Section 902.02, which indicates that any permanent non-conforming <br />driveway in existence as of October 11, 1999 (the date of adoption of Ordinance 620) would <br />be allowed to remain, be maintained, rebuilt and reconstructed in the same manner as <br />before. This would not include gravel or dirt driveways, nor would it include any driveways <br />installed after 1999. Unless the Commission feels strongly that the two issues should be <br />merged into one ordinance, Staff recommends that the City consider a separate ordinance to <br />clarify and make consistent the broader aspects of conforming and nonconforming <br />driveways. <br /> <br />Background: <br /> <br />Driveways in single-family and two-family residential zoning districts are permitted at five-foot <br />setbacks to the side lot lines. The setback may be decreased to one foot with the consent <br />of the adjoining property owner. The City Council reviewed this section of Code at their June <br />7, 2004 worksession meeting and agreed that a code amendment should be processed. <br /> <br />Discussion: <br /> <br />Reasons why the one-foot setback allowance should be eliminated include the following: <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 />