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Item No: 08A Meeting Date: July 10, 2023 MOUNDSVIEW Type of Business Council Business City Administrator Review City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 9775, Approving Driveway Variances for 2023 Pleasant View Drive Street Construction Introduction: The City of Fridley is reconstructing Pleasant View Drive, between Co Rd I and Co Rd H2. It is the intent of the City Code that all non -conforming driveway curb -cuts (aprons) be replaced by conforming curb -cuts, unless the City Council approves a Variance to keep as -is.' Driveway Driveway widths shall not exceed 35' or the width of the garage plus 12', whichever is greater_ Front Property Line Boulevard (Right of Way) 1 24' Max. Edge of Paved Street Wings Diagram of conforming driveway 4 r 5' Ln a r m Analysis: There is one property; 7425 Pleasant View Drive, that has a non -conforming driveway setback (1', whereas 5' is the minimum required). Staff met with the homeowners on June 23, 2023 to explain the City's policy, and the option to request a Variance to keep the curb cut where -is. The homeowners verbally requested a Variance. The City issued driveway permits for a 9' wide driveway in 1974 (no setback noted), and in 2006 (approved with 3' setback, where -is). The 2006 reduced setback was allowed due to hardship; "tree & house would interfere with bringing driveway into compliance." Based on aerial photos, it appears the driveway was installed with a 1' setback (instead of 3'). In 2015, the City issued a Diseased Tree notice. The tree (the hardship) was removed in 2019. City Code 152.002(B); Existing, non -conforming driveways. Consistent with the provisions of §§ 160.375 through 160.382 of this code of ordinances, driveways that do not conform to the requirements of the city code may not be replaced or reconstructed without bringing them into compliance. (Minor maintenance and alterations may be permitted.) Driveways which cannot be brought into compliance without undue hardship, as determined by the Director of Community Development may be improved, replaced or rebuilt however, in no case may the extent of the non -conformity increase as a result. If a requested permit is denied due to non-compliance, the property owner may appeal the decision in writing to the City Council. I lie IVIUUn US vle.. ..,lull A Thriving Desirable Community