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Home My WebLink About780-04 e . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 780-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CODE AMENDMENT TO THE MUNICIPAL CODE REGARDING NONCONFORMING DRIVEWAYS AND CURB CUTS WHEREAS, current City Code regulations related to nonconforming driveways and curb cuts are confusing, difficult to administer and inconsistent with Chapter 1123 of the Zoning Code relating to nonconforming uses; and, WHEREAS, the Planning Commission has reviewed the pertinent Chapters and Sections of the City Code and has determined a code amendment should be adopted to clarify the requirements and to promote the reduction or elimination of nonconforming driveways and curb cuts when possible and practicable. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to the Mounds View Municipal 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 15th day of December, 2;/ ~ ___, // /., 'c".~ / ./ Gary Ste nson, Chairperson ATTEST: ( J ,)" ,', f C /) . , ..I ,;;~ I -' '" L-L- 11'l..Z-...\ Lf(....()..:.JUt \......--"" James Ericson, Community Dev. Director (SEAL) e . . EXHIBIT A. DRAFT ORDINANCE 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 struck out:: 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 S44.05) (Ord. 640, 10-11-99) Subd.2. Existing, Non-conforming Driveways: Perm::ment surbced dri'Je'N::lYs 'Nhich do not conform to the City Code ::lS of October 11, 1990, m::lY be rebuilt, reconstructed or repl::lced in the S::lme m::lnner' bshion ::lnd loc::ltion ::lG before unless the loc::ltion of s::lid drivew::lY poses::l signific::lnt public s::lfety h::lz::lrd. If::l requested building permit is denied due to the presence of such ::l public s::lfety h::lz::lrd, the ::lpplic::lnt m::lY ::lppe::ll the decision in 'yvriting to the City Council. For the purpose of this subdivision, ::l perm3nent surf3ce sh::lll me::ln bituminous, concrete or brick, (Ord. 610, 10 11 09) 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 brinqinq them into compliance. (Minor maintenance and alterations may be permitted.) Driveways which cannot be brouqht 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 property owner may appeal the decision in writinq to the City Council. , , e . . Draft ordinance 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 struck out: (2) Driveways i-R-existence 3S of the d3te of en3ctment of ordin3nce 620 3nd which do not conform to the provisions of this Chapter subsection, 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 Zoning Code pertaining to parking lots is hereby amended with the proposed additions underlined and deletions struck out: (4) Parking areas in existence 3S of the d3te of en3ctment of Ordin3nce 620 3nd which do not conform to the provisions of this Chapter subsection, may continue subject to the provisions of Section Chapter 1123.02, subdivision 1 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 underlined and deletions struck oot 5f. Curb cuts in exictence 3S of 10/11/99 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 to the City Council. ~ In conjunction with street improvement projects or in coniunction with individual driveway replacement projects. nonconforminq curb cuts shall be made conforminq to whatever extent practicable. If. in the opinion of the directors of public works and community development. a nonconforminq curb cut cannot be made conforminq without undue hardship or disruption to the property. the curb cut may remain in existence, unchanqed. Decisions reqardinq curb cuts may be appealed in writinq 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 ctruck out: 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 request is related to a pre-existinq, non-conforming driveway or curb cut 'N3S previously permitted ~t ~ setb3ck up to one foot from the property line. . . . "". Draft Ordinance 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 _ day of , 2005. SECOND READING and ADOPTION by the City Council of the City of Mounds View this day of , 2005. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Clerk / Administrator Approved as to form: Mounds View City Attorney (SEAL)