HomeMy WebLinkAboutResolution 7637RESOLUTION NO. 7637
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A REQUEST FOR SECOND DRIVEWAY ACCESS FOR
THE PROPERTY AT 2283 WOODCREST DRIVE
WHEREAS, Dick Comben has requested City approval to have a second street access
for his nonconforming driveway on his property at 2832 Woodcrest Drive; and,
WHEREAS, the existing driveway has a gravel surFace and two access points onto
Woodcrest Drive making it nonconforming with current City standards; and,
WHEREAS, the City Council adopted Resolution 7338 on September 22, 2008 that set
the policies and standards for nonconforming driveways within the street and utility
improvement program; and,
WHEREAS, Resolution 7338 states that the City will allow an owner to keep existing
multiple driveway accesses to a single family property if the driveway meets five conditions;
and,
WHEREAS, Gondition 1 b of the five City-required conditions states "The access in
question has an improved surFace in compliance with City Code requirement"; and,
WHEREAS, the existing driveway does not have an improved surface making it
nonconforming with current city standards and as such it does not meet all the Conditions for
nonconforming driveways set by the Council in Resolution 7338; and,
WHEREAS, Mr. Comben has appealed the decision of City staff to deny his requested
seconded driveway access for his property; and,
WHEREAS, the City Council considered the request of Mr. Comben to keep the two
existing driveway access points during the June 28, 2010 City Council meeting.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the
following findings of fact about Mr. Dick Comben's request for a second driveway access for
his property at 2832 Woodcrest Drive:
1. Exceptional or extraardinary circumstances apply to the property that result from
circumstances over which the applicant has had no control in that the City Council
set the policies and standards for non-conforming driveways without the benefit of
input from the applicant or from a detailed analysis all affected properties.
2. The literal interpretation of the provisions of the Zoning Code and of Resolution
7338 would deprive the property owner of the ability to continue to use the existing
driveway as it is and as it has existed since the 1970's.
Resolution 7637
Page 2
3. Granting the applicant the approval to keep the second driveway access wou(d not
confer upon the property owner a special privilege that the City would not extend to
other property owners in the street and utility improvement program.
4. The approval for a second driveway access would not be materially detrimental to the
purpose of the City Code, to the street and utility program and to other properties in
the street and utility program.
5. The proposed second driveway access and resulting remaining nonconforming
driveway should not substantially diminish or impair property vafues within the street
and utility program nor should it negatively affect the city's vision for improvement to
the streets and to properties within the project area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings of
fact and testimony provided the June 28, 2010 City Councii meeting, the Mounds View City
Council approves the request of Mr. Dick Comden fo keep his second driveway access for the
property at 2832 Woodcrest Drive, subject to the owner paying for the second curb cut and
driveway access consistent with the standards set in the Private Improvement Program.
Adopted this 12th day of July, 2010.
ATTEST
~ ~~'Vl,l,~,d
James Ericson, City Administrator
(SEAL)