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Mounds View Planning Commission August 4, 2004 Regular Meeting Page 3 ________________________________________________________________________ Director Ericson indicated the Council feels there are other issues that may justify going back to a five-foot setback and, if there are situations where less than five feet is needed, then it should go through the variance process. He then addressed previous concerns raised by the Commission regarding driveways that would become nonconforming as a result of the amendment. He summarized the City Code relating to nonconforming driveways in that permanent driveways constructed prior to October 1999 could remain in place even if they were nonconforming, however a nonconforming driveway permitted after October 1999 had no corresponding protection. He further stated that the driveway requirements in the city code are confusing and difficult to enforce and administer. Director Ericson suggested the Commission could review these code sections and make a recommendation that would clarify the language at a subsequent meeting. Director Ericson indicated that if the City had granted approval for a driveway less than five feet from a property line and a true hardship exists then that would be justification for a variance. He also indicated that there would be the option for an administrative variance provided the neighbor does not object. Commissioner Hegland indicated there are driveways in town that are unimproved and he is concerned that this may discourage those property owners from improve the driveway. Director Ericson indicated that Section 90202 of the Code discusses nonconforming driveways but separates out the permanent and nonpermanent and only provides that protection to permanent driveways so, if the driveway is dirt or gravel, then it could not be rebuilt or expanded regardless of what is adopted this evening. Director Ericson suggested the City could create a program to assist property owners by providing an incentive to improve the driveway such as by entering into a contract for discount asphalt with one of the local asphalt companies. Director Ericson indicated that a majority of driveways with setbacks of less than five feet probably have no apparent hardship which would require the reduced setback. He further commented that he does not feel that this amendment would adversely affect more than a handful of properties as most properties have sufficient room for a driveway. Commissioner Miller indicated that this would eliminate the need to get permission from the neighbor. Chair Stevenson asked Staff to read the reasons the Code is being changed. Director Ericson read them. MOTION/SECOND: Miller/Scotch. To Approve Resolution 768-04, a Resolution Recommending Approval of a Code Amendment to the Zoning Code Regarding Driveway Setbacks.