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Item No: 6 Meeting Date: Dec 15, 2004 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Review City Code Language Pertaining to Driveways, Driveway Setbacks and Curb Cuts, Consideration of Resolution 780-04 Introduction: On September 13, 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 up one foot from a property line in single and two-family residential districts, as long as the adjoining property owner indicated consent in writing. In addition to eliminating the one-foot setback, the ordinance established a mechanism to allow for administrative variances for driveways that had been previously granted a one-foot setback. The language adopted by the Council was the same language recommended by the Planning Commission. During the 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 that had been adopted over the years. The Planning Commission suggested that upon completion of the setback issue, the regulations of driveways and curb cuts in general be addressed. On November 17, 2004, the Planning Commission discussed the remainder of the driveway and curb cut requirements and determined that further amendments would be appropriate to eliminate confusion and to become more consistent with other sections of the Municipal Code. The primary issue for consideration would be to eliminate the “protected status” of non-conforming driveways and curb cuts. Discussion: The primary regulation of driveways occurs in Section 1104.01, subdivision 4b, with the language extending protection to nonconforming driveways and curb cuts as follows: (2) Driveways in existence as of the date of enactment of ordinance 620 and which do not conform to the provisions of this subsection, may continue subject to the provisions of Section 902.02, subdivision 2. (Ord. 620, 7-27-98; Ord. 642, 1-10-00) Subpart 2 above indicates simply that nonconforming permanent driveways installed prior to 1998 may remain in place, may be altered, expanded or replaced so long as the driveway or curb cut does not pose a significant public safety hazard. Staff’s position is, if the driveway or curb cut can be made conforming in association with a street improvement project or driveway replacement, why preclude that as a possibility?