Agenda Packets - 1986/11/03 - Laserfiche WebLink

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/ MEMO TO: Clerk -Administrator and City Council ( FROM: Director of Public Works/Community Developmen DATE: October 30, 1986 SUBJECT: DRIVEWAY SURVEY DATED OCTOBER 23, 1986 Attached please find the subject driveway survey. This survey provides some very interesting information on how other cities enforce their City Codes in regards to driveway construction or replacement. Six of the seven cities surveyed indicated that a permit or inspection is not required for driveway construction or replacement. Only the City of Shoreview requires a permit and inspection for driveway construction or replacement. This could be one reason why we have trouble enforcing our City Code in the area of driveway replacement. The survey indicated Maw Brighton, Ardan Hills and St. Louis Park have a zero setback distance for driveways. Six of the surveyed cities have maximum driveway widths at the curb cut varying from 20 feet to 36 feet. Five of the seven surveying cities indicated that if the driveway is destroyed to over 50% of its value, it must be replaced to meet City Code. Approximately, half of the cities surveyed indicated that woodchips or rock could be used next to a driveway and that satisfies City Code requirements. Six of the seven surveyed cities indicated that a property owner can overlay a non -conforming driveway. This survey does not indicate that most all cities approve the installation of a driveway to new houses at the time the owner applies for the building permit. All of the cities enforce this area of their code. Once a new house and driveway are constructed to City Code requirements and the owner receives an occupancy permit, its easy for the owner to widen the driveway on a weekend. This is very similar to the problem we have with filling. Many people fill their yards a little at a time on weekends and we do not know about it. If this survey is accurate for the entire metropolitan area, one could say that most cities to not enforce their City Code in the area of driyeway construction or replacement. Does this mean that we should not enforce our driveway construction requirements: Under present City Code, if an owner overlays a non -conforming driveway and does not destroy the driveway to over 50 percent of its value, we can not force the owner to bring the driveway into conformance because the existing driveway was not destroyed. We would loose in court. Sometimes the non -conforming driveway is non -conforming because the property owner made weekend additions. Property owners do not understand why they cannot replace their existing driveway. We request direction from City Council.