HomeMy WebLinkAbout768-04
e
.
.
..
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 768-04
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CODE AMENDMENT TO THE
ZONING CODE REGARDING DRIVEWAY SETBACKS
WHEREAS, the City Council has asked the Planning Commission to review the
driveway setback regulations pertaining to the reduced setback allowances; and,
WHEREAS, current City Code regulations indicate that driveways shall be set back
five feet from a property line, except that driveways in single and two family residential
districts may be set back up to but not less than one-foot from a property line, provided the
adjoining property owner consents to such setback; and,
WHEREAS, the Planning Commission has reviewed the pertinent Chapters and
Sections of the City Code and feels a code amendment should be adopted to eliminate the
allowance for a reduced driveway setback in the single and two-family residential zoning
districts.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission has identified the following findings in support of such an amendment:
. Neighbors may be pressured or coerced into signing the consent form
. Neighbors may fear or face retaliation if they fail to consent
. Granting the neighbor "veto rights" may infringe on the subject property owner's rights
to due process.
. Maintaining a five foot setback would ensure easement areas remain unimproved
. Eliminates driveways accidentally being installed on neighboring property
. Prevents stormwater run-off from being immediately directed to adjoining property
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning
Commission recommends approval of an amendment to the Mounds View Zoning Code
substantially similar to the following:
See Exhibit A.
NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning
Commission directs staff to forward this resolution to the City Council prior to approval of
the minutes.
Adopted this 4th day of February, 2004. (7 ~ ---rf' ~'_
~ .~;/ c3'l/ --r:/Z./'02-z..~' "'-"
Gary Stevenson, ehairperson L._j
ATTEST:
C.
,,---JC\.:...A.'~ G/'"V-z,c^-B-7-'
James Ericson, Community Dev. Director
(SEAL)
.
.
.
EXHIBIT A.
Section 1104.01 Subd 4:
b. Driveways:
(1) Driveways shall have a minimum setback offive feet (5')( from any lot line, except as
permitted in Section 1104.01, subdivision 4c(1 )(8) ond Section 1121.15, subdivision
2 of this Title. Driveways shall be permitted to cross a required setback area in order
to establish access between the lot and a public street. Where a driveway would
encroach into an easement, the property owner shall obtain an encroachment permit
if required by the City prior to construction of the driveway. Drive aisles and
driveways which are within the boundaries of a parking area shall conform to the
setbacks required for parking areas. (Ord. 590,11-25-96; Ord. 620, 7-27-98; Ord.
642,1-10-00)
c. Parking Areas:
(1) R-1, R-2, R-3, R-4, R-5, R-O:
(a)
residential uses:
Parking lots and driveways shall be set back five feet (5'), oxcopt in tho R 1
8nd R 2 districts, p8rking 8re8S 8nd drivcw8Ys sh811 bo pormittod \vith. 8
Gotb8ck of one foot (1 ') providod tho ownor(s) of tho 8butting lot(s) indic8tes
thoir pormission on 8 form 8ccopt8blo to tho City. Where a parking area would
encroach into an easement, the property owner shall obtain approval for an
encroachment permit if required by the appropriate authority prior to
construction of the driveway. (Ord. 524, 2-22-93; Ord. 590, 11-25-96; Ord.
620,7-27-98; Ord. 642,1-10-00)
Section 1125.02, Subd. 6. Administrative Variance Process:
a. Types: Residents seeking relief from the Zoning Code may request an
administrative variance, provided that:
(1) The property is zoned R-1 or R-2; and
(2) The request concerns setbacks; and
(3) The variance amount is within twenty-five (25) percent of code requirements,
except as provided in Subd. 6a(5) below; and
(4) Approval of the variance does not result in a setback of less than five (5) feet,
except as provided in Subd. 6a(5) below; and . .
(5) The driveway was previously permitted ata setback UP to one-fooffrom the
property line.