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Home My WebLink AboutOrdinance 756• ORDINANCE 756 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 902, 1104, 1121 AND 1125 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO NONCONFORMING DRIVEWAYS AND CURB CUTS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Section 902.02 of the Mounds View Municipal Code pertaining to driveways is hereby amended with the proposed additions underlined and deletions ~t-~slF-eu-t:: 902.02: PERMIT REQUIREMENTS FOR DRIVEWAY CONSTRUCTION: • Subd. 1. Driveway Construction: No person shall construct a driveway without first obtaining a permit pursuant to the provisions set forth in Chapter 1006 of this Code. (1988 Code §44.05) (Ord. 640, 10-11-99) Subd. 2. Existing, Non-conforming Driveways: • , Consistent with the provisions of Chapter 1123 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 nonconformity increase as a result. If a requested permit is denied due to noncompliance the ~roperty owner maLr appeal the decision in writing to the City Council. r 1 LJ Ord. 756 Page 2 SECTION 2. Subdivision 4b(2) of Section 1104.01 of the Mounds View Zoning Code pertaining to driveways is hereby amended with the proposed additions underlined and deletions at~sk-et~t: (2) Driveways ' which do not conform to the provisions of this Chapter su-f~sest+ee, may continue subject to the provisions of Section 902.02, subdivision 2. (Ord. 620, 7-27-98; Ord. 642, 1-10-00) SECTION 3. Subdivision 4c(4) of Section pertaining to parking lots is hereby amended deletions et-~-eet: 1104.01 of the Mounds View Zoning Code with the proposed additions underlined and (4) Parking areas ~n ° ~ +°„^^ °f *"° .~^+° °f °°°^+,,.,°°+ °f nr,+;n..r,^° ~~~ -,...+ which do not conform to the provisions of this Chapter c~ ~"~^+~, may continue subject to the provisions of fee-tiee Chapter 1123. (Ord. 620, 7-27-98) SECTION 4. Subdivision 5f of Section 1121.09 of the Mounds View Zoning Code pertaining to curb cuts is hereby amended with the proposed additions underlined and deletions ~ egt: 5f. Curb cuts ~^,T~ x-~c±c^c° oc cf 1 ~!1 ''.!°~ that do not conform to this subdivision may remain in existence unless deemed by the Director of Public Works to be a danger or public safety hazard. Notices to abandon a curb cut may be appealed in writing S to the City Council. 5g, In conjunction with street improvement projects or in conjunction with individual driveway replacement projects nonconforming curb cuts shall be made conforming to whatever extent practicable If in the opinion of the directors of public works and communit rLdevelopment a nonconforming curb cut cannot be made conforming without undue hardship or disruption to the property the curb cut may remain in existence unchanged Decisions regarding curb cuts may be appealed in writing to the City Council. SECTION 5. Subdivision 6 of Section 1125.02 of the Mounds View Zoning Code pertaining to Administrative Variances is hereby amended with the proposed additions underlined and deletions °+r.t: a. Types: "°~ Property owners seeking relief from the Zoning Code may request an administrative variance, provided that the property is zoned R-1 or R-2 and either of the following is applicable: Th° r.r°n ^ ~ °r7 Q_1 nr [?_2• oriel (1)-~T~T°pel~-i~ceflccr-r~---r-o,--rc~; ~r.a {~} The request concerns setbacks; a~ {3~Tthe variance amount is within twenty-five (25) percent of code requirements; • ;and (~l}Aapproval of the variance does not result in a setback of less than five (5) feet; {-~ The request is related to apre-existing, non-conforming driveway or curb cut. Ord. 756 Page 3 SECTION 6. This ordinance shall take effect thirty (30) days after the date of its publication in the official City newspaper. PUBLIC HEARING, INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View on this 10th of January, 2005. SECOND READING and ADOPTION by the City Council of the City of Mounds View this 24th day of January, 2005. ATTEST: Appro d a to,-for . • Mo nds Vi C' Attorney (SEAL) ~~ Rob Marty, Mayor Kurt Ulrich, City Clerk /Administrator • • State of 1Vtirnrnesota ~ SS Ooanmty ®$' Ramsey Tonya Whitehead ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NF.W BRTCTHTON RT7L.T,F_.TIN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE 756 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WED• ,the 9Tx day of FEB. 20 OS ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPORSTUVWXYZ *ABCDEFGH IJKLMN OPORSTUV WXYZ *abcdefghijklmnopq rstuvwxyz Subscribed and sworn to before me on this 9Tx, day of FEB. , 20 OS ,E c Notary Public *Alphabet should be in the same size and kind of type as the notice. y~'~ KERI A. SOLSETH Notary Public-Minnesota RATE INFORMATION "ube% NiY Commission E~ires ,lan 31, 2010 (1) Lowest classified rate paid by commercial users for comparable space ...................................... (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter BY~ • TIT..L~EJJ__ AC UNTING ASSOCIATE 1(05 ..............$24.00 per col. inch ........................$20.49 per col. inch .................................$ per col. inch ORDINANCE 758 CITY OF MOUNDS VIE1~1 COUNTY OF RAMSEY STATE OF MINNESOU AN ORDINANCE AMENDINf3 ~{ppfiERS 902, 1104,1121 AND. 1125 OF THE• MOUNDS VIEW MUNICIPAL CODE RELATING TQ NONCONFORMING )~RNEWAYS AND CURB CUTS ' THE CITY OF MOUNDS .VIEW ORDAINS: SECTION 1. Section 902.02 of the Mounds View Municipal Code pertaining to driveways is hereby amended with the proposed additions underlined .and deletions et+uek~eet:: .902.02: PERMIT REQUIREMENTS FOR DRIVEWAY CONSTRUCTION: Sutxt. 1. Driveway Construction: No person shall conswct a driveway without first obtaining a permit pursuant to the provisions set forth "in Chapter 1006 of this Code. (1988 Code §44.05) (Ord. 640, 10-11-99) Subd. 2. Exisring, Non-conforming Driveways: a~-~ . j;z denied due to noncomotianGe. the nrooe owner may anneal the decision in wrltipq to the Gitv o mcil. SECTION 2. Subdivision 4b(2) of Section 1104.01' of the Mounds.' View Zoning`Code pertaining to driveways is hereby amended with .the proposed additions dyn edined 8nd deletions etraek eat: (2) Driveways' which do not conform to the provisions of this Chanter edbeeetieRr may continue subject to the provisions of Section 902.02; subdivision 2. (Ord. 620, 7-27- 98; Ord. 642, 1-10-00) SECTION 3. Subdivision. 4c(4) of Section .1104.01 of the Mounds View Zonng Code pertaining to parking lots is hereby amended with the proposed additions underined and deletions etwek eet: (4) Parking areas' which do not inform to the provisions of this Chanter 8NIi69et1eFt, may continue subject to the provisions of Zeatlep ChaDtef 1123.62~r-e~tdiwsiep~b. (Ord, 620, 7-27-98) SECTION 4. Subdivision 5f -of Section 1121,.09 of the Mounds View Zoning Code pertaining to curb cuts is hereby amended with the proposed additions. Ln~SdiO~d and deletions etr~reN-edE: 5f. Curb Cuts' that do not conform to this. subdivision. may remain in existence unless deemed by the Directorof Public Works to be a danger or public safety hazard. Notices to abandon a curb cut may be appealed in writing to the City Council ;?y. In troniunction with street ;~ Mc In i f _nm n .mnrvv+ n r ~ „c li',StT91l 'nracticab . ' "Ifi" m 'the oolr iion fir the SECTION 5. Subdivision 6 of Section 1125.02 of the Mounds View Zoning Code pertaining to Administrative Variances is hereby amended with the proposed additions underlined and deletions~strael~erR: a. Types: Aeerder+te P~GRSLgI owners seeking relief from the Zoning Code may request an administrative variance, provided that the nme is zoned R-1 or R-2 and either of the following is HOR~S~~ (1) er+d (t3) The request concerns setbacks: ~ (3}-'F(he variance amount is within twenty-five (25) percent of code requirements, 6aY~ll-6a(b}~elevl4 and (4}/lapproval of the varlence does not r~uR in a settsadc of less than five (5) feet, beleMy~eRd ~ (y the request is related to a ore- existinq. non-conforming .driveway Qr ,~ cut. was prevrously permitted at a setback up to one-foot from ttre property line. SECTION 6. This ordinance shall, take effect thirty (30) days after the date of i~ publication in the official City newspaper. PUBLN. HE/IRING, INTRODUCTION AND FIRST READING by the: Cfry Council of the City of Mounds View on this 10th of January, 2005.. SECOND READING and ADOiPT-QN by the City Council of the City of Mounds View this 24th day of January; 2005. Rob Marty Mayor ATTEST: Kurt Ulrich City Clerk !Administrator Approved as to form: Mourxis View City Attorney (Bulletin: Feb. 9, 2005)