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HomeMy WebLinkAbout11-17-2004 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 17, 2004 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m., November 17, 2004. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Stevenson, Zwirn, and Meehlhause Members Absent: Hegland (excused), Scotch. Also Present: Community Development Director Ericson ________________________________________________________________________ Index to Minutes Page Review City Code Language Pertaining to Driveways, Driveway 2 Setbacks And Curb Cuts _____________________________________________________________________________ 3. Approve Minutes a. October 20, 2004 MOTION/SECOND: Zwirn/Miller. To Approve the Planning Commission Minutes for October 20, 2004 as Presented. Ayes – 4 Nays – 0 Motion carried. ______________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ Mounds View Planning Commission November 17, 2004 Regular Meeting Page 2 ________________________________________________________________________ 5. Review City Code Language Pertaining to Driveways, Driveway Setbacks and Curb Cuts Community Development Director Ericson indicated that in September of 2004 the City Council adopted Ordinance 752, an Ordinance striking language from the Code that, up to that point, had allowed for driveway setbacks up to one foot from a property line in single and two-family residential districts, as long as the adjoining property owner indicated consent in writing. The Ordinance also allowed for administrative variances for driveways that had been previously granted a one-foot setback. Director Ericson indicated that during review and consideration of Ordinance 752 it became apparent that the regulations for driveways and curb cuts were confusing and difficult to administer due to the various amendments adopted over the years and Staff is before the Commission to discuss the potential ways to eliminate some of the confusion and to make the Code easier to administrate. Director Ericson indicated that it is difficult to determine when a driveway was constructed and where the driveway was originally. He then said that because of this, Staff is recommending eliminating the language grandfathering non-conforming driveways. He further indicated that a non-conforming driveway could be maintained, but it would not be allowed to be enlarged or replaced. Staff is also eliminating permit fees for driveway overlays in 2005. Director Ericson indicated that what Staff is proposing is meant to clarify and make consistent the non-conforming language in the City Code. Director Ericson indicated that the same would be true for curb cuts noting that if it was in place prior to the adoption of Ordinance 620 it is allowed to remain. He then explained that the intent at the time was not to cause a hardship on property owners, but the impact is that it gives the City no opportunity to bring a nonconforming curb cut into conformance with the Code. He further indicated that Staff is suggesting eliminating that language and allowing for an administrative variance application if it can be shown that there are no other options for a curb cut. Director Ericson indicated that the reason for the proposed language change is to change from a blanket allowance of nonconformity to allow the City the option of looking at the situation and determining if there is a way to bring it into conformity. He then said that this would eliminate a lot of Staff time done on researching each driveway situation. Chair Stevenson asked that the language on the curb cuts include that property owners have the option to appeal the decision to the City Council. Director Ericson suggested that the appropriate language would be that the appeal body is the City Council for administrative decisions and zoning issues would come to the Planning Commission. Mounds View Planning Commission November 17, 2004 Regular Meeting Page 3 ________________________________________________________________________ Director Ericson explained that Staff would not be looking for these situations and forcing conformity. He then said that it makes sense to bring them into conformity when a driveway permit for replacement is applied for or when there is a street reconstruction project. Commissioner Miller agreed that it would be good to inform residents that the City is not out looking for these situations to force them to comply. Director Ericson noted that the only trigger for bringing driveways into conformity is when a property owner pulls a permit for driveway replacement. At the request of Chair Stevenson, Community Development Director Ericson reviewed the proposed language changes in the Ordinance concerning driveways. Commissioner Zwirn asked whether a property owner who wishes to do a concrete apron in front of the garage, add a turn around or an area for backing up would be allowed to do so on a nonconforming driveway situation. Director Ericson indicated that there are gray areas with those types of situations but it would be Staff’s interpretation that as long as no changes are being made to the nonconforming portion then Staff would not require that it be brought into compliance. But, if they were taking the entire driveway out to make that change, Staff would require conformance. Commissioner Zwirn noted that the language in the Ordinance would need to be amended to allow for that interpretation. Director Ericson indicated he would amend the language to make sure residents would be allowed to add on and not have to bring into conformance if they are not changing or increasing the nonconformity. Chair Stevenson asked if a concrete apron or pad could be added to a gravel driveway without the City requiring that the entire driveway be paved. Director Ericson indicated that type of situation would be lessening the nonconformity so Staff would allow it as the City does not want to discourage driveway improvements. Commissioner Miller commented that people do things with driveways and curb cuts and then remember to get a permit and she is wondering how the City can communicate to residents that a permit is required. Director Ericson indicated that Staff struggles with that as well but it is not always residents; there are some contractors that indicate they will get, or have gotten a permit but do not. Director Ericson indicated he would be bringing language for review at the next meeting. He then said that there are items to address at the next meeting but there may not be a necessity for the second meeting in December. Mounds View Planning Commission November 17, 2004 Regular Meeting Page 4 ________________________________________________________________________ 6. Next Planning Commission Meeting: December 1, 2004 ______________________________________________________________________________ 7. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:27 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.