08-19-2020 PC - Laserfiche WebLink

Home Browse Search

Item No: ___05A Meeting Date: Aug 19 2020 Type of Business: Planning Case VR2020-004 City of Mounds View Staff Report To: Mounds View Planning Commission From: Jon Sevald, Community Development Director Item Title/Subject: PUBLIC HEARING; Resolution 1121-20, Variance to Reduce Setbacks for a Driveway, 2448 Clearview Aveue Introduction The applicant Carl Stroeing, is requesting a Variance to decrease the side yard setback from 5’ to 0’ to widen the driveway The existing driveway is 10’ wide (asphalt), and 8’ wide (unpermitted gravel addition). The Applicant’s written request is for a 1’ setback. After finding the property pin, the applicant has changed the request to a 0’ setback. Discussion The home was built in 1952, and includes a 1½ car detached garage. The asphalt driveway is about 10’ wide, gravel about 8’+ wide, and a concrete patio/parking pad in between the driveway and house. The gravel portion of the driveway encroaches onto the neighbor’s property. The applicant would like to replace the driveway such that a cargo trailer can be parked on one half of the driveway, without blocking access into the garage. An alternative to this Variance is to widen the driveway towards the house. This would likely result in the loss of a large tree. Between 1993 and 2004, driveways could have a side yard setback of 1’ if the neighbor agreed (Ordinance 524). In 2004, the City Code was amended back to 5’ (Ordinance 752). At that time, the Council felt that neighbors could be coerced to allow a 1’ setback. During this time, three homes on the same block built permitted driveways with 1’ setbacks. There are two homes with unpermitted driveways with less than 5’ setbacks (1/3rd of homes on this block have driveways with 0’ or 1’ setbacks). The Planning Commission may want to consider amending the Zoning Code to a lesser setback.1 Based on a quick scan of planning cases since 2004, the 1 Mounds View City Code, Section 1104.01, Subd 4(b)(1); Driveways shall have a minimum setback of five feet (5’) from any lot line, except as permitted in Section 1121.15, subdivision 2 of this Title [joint facilities and driveways]. Driveways shall be permitted to cross a required setback area in order to establish access between the lot and a public street. Where a driveway would encroach into an easement, the property owner shall obtain an encroachment permit if required by the City prior to construction of the driveway. Drive aisles and driveways which are within the boundaries of a parking area shall conform to the setbacks required for parking areas.