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Home My WebLink About9E - Residential Driveways / MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT SEPTEMBER 7,1999 9E JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF ORDINANCE 99-XX APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO THE REQillREMENTS FOR REPLACEMENT DECKS AND TO SETBACK REQillREMENTS FOR RESIDENTIAL DRIVEWAYS (Case File 99-052) History: As we have applied the new Zoning Ordinance, necessary language changes have come to light. This amendment is an attempt to deal with some of the more critical changes at this time. These changes relate to requirements for replacement decks and to, setback requirements for driveways. Replacement Decks: Prior to May 1, 1999, Section 5-4-1 B of the previous Zoning Ordinance allowed the replacement of existing decks that did not meet the setback requirements subject to three conditions, as follows: 1. The deck existed on the date the structure setbacks were established; 2. The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established; 3. The deck is constructed primarily of wood and is not roofed or screened. When the current ordinance was drafted, this language was included in the Shore land regulations, but excluded from the districts outside of the Shoreland District. Reference to this language was also included in the provisions requiring surveys. The exclusion of this language was clearly an oversight. Because of the reference to replacement decks in other sections of the ordinance, it is fairly obvious that the intention was to allow the replacement of existing decks. The staff is therefore proposing that this language be added to the current Zoning Ordinance. Weare also suggesting the language be clarified to state that an existing deck which encroaches into an easement, right-of-way l:\9'lfile!i\99Ardal;l1d\zoniI)gW-052\99052cc.dpc Page 1 16200 Eagle creeK Ave. :5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER or is located over a property line may not be replaced in the current location. Driveway Setbacks: In 1994, the City Council adopted Ordinance #94-05 which established setbacks for driveways. Under Ordinance #94-05, the provisions for driveways applied to building permits for new construction of residential units. This ordinance was based on the recommendations of the Building Inspection and Engineering Departments at that time. Prior to the adoption of this ordinance, the City experienced several problems with the placement of driveways as they related to drainage, erosion and interference with existing easements because of the lack of formal regulations. This ordinance solved many ofthese problems in new subdivisions. When the current Zoning Ordinance was drafted, the staff raised several concerns about this provision. The major concern was that the provision should be applied to all new driveways, rather than those for new construction. As a result, the provisions in the current Zoning Ordinance apply to all new driveways. In older subdivisions, however, the lots are often nonconforming and there is no room to meet the required driveway setbacks. In some cases, it is preferable to share driveways because of the narrow lots and the fewer number of required curb cuts. In addition, in new townhouse developments, shared driveways are often desirable. In order to accommodate the situations in which a reduced setback or a shared driveway are preferable, the staff is proposing language addressing these areas. The language, shown on the attached ordinance, includes provisions for Engineering approval to ensure proper drainage, and a requirement for cross access easements, when necessary. The ordinance also includes language requiring a driveway permit for any alteration or addition to an existing driveway that exceeds the length or width of the driveway approved as part of the original building permit. Current Circumstances: The Planning Commission considered this amendment at a public hearing on August 9, 1999. The Planning Commission agreed this amendment will clarify the existing regulations. The Planning Commission recommended approval of this amendment. The Issues: The proposed amendments are intended to clarify the existing regulations of the ordinance. The language pertaining to deck replacements was an inadvertent omission. The driveway setback requirements are intended to provide some flexibility in the older areas of the City and in new townhouse developments. The specific changes are listed as shown on the attached ordinance. 1:\99files\99ordamd\zoning\99-052\99052cc.doc Page 2 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Conclusion: The proposed ordinance is an attempt to clarify the language of the new ordinance, and to correct an omission made in the drafting of the current ordinance. Both the Planning Commission and the staff recommend approval of this amendment. The City Council has three alternatives: 1. Adopt Ordinance 99-XX approving the proposed amendment as requested. 2. Deny Ordinance 99- XX. 3. Defer this item and provide staff with specific direction. If the City Council concurs with the Planning Commission recommendation, Alternative #1 is appropriate. This requires a motion and second to adopt Ordinance 99-XX approving the proposed amendment to the Zoning Ordinance. Approval of this ordinance requires a 4/5 vote of the Council. 1:\99files\99ordamd\zoning\99-052\99052cc.doc Page 3 CITY OF PRIOR LAKE ORDINANCE NO. 99- XX AN ORDINANCE AMENDING SECTIONS 1101.503 AND 1107.205 AND ADDING SECTION 1107.206 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1101.503 of the Prior Lake City Code is hereby amended to add the following language: (9) Decks not meeting the required setbacks may be replaced if the following criteria are met: a. The deck existed on the date the structure setbacks were established; b. The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established; c. The deck is constructed primarily of wood and is not roofed or screened; and d. The existing deck is not located within an easement, right-of-way, or over a property line. 2. Section 1107.205 of the Prior Lake City Code is amended to add the following language: (8) On lots not meeting the minimum width requirements at the right-of-way line, the driveway setback may be reduced subject to the following criteria: a. The driveway will not interfere with any existing easement. b. The location of the driveway must be approved by the City Engineer to ensure that it will not cause runoff onto adjacent properties. c. A shared driveway may be approved with thefollowing conditions: >- The property owners must submit a recorded copy of cross access easements; >- The combined width of the driveway may not exceed 24 feet at the right-of-way line. d. All other provisions of Section 1107.205 of the Zoning Ordinance must be met. (9) In townhouse and cluster housing developments, the driveway setback and width requirements may be modified subject to the following criteria: a. The driveway locations must be approved by the City Engineer as part of the subdivision grading plan. 1:\99fi1es\99ordamd\zoning\99-052\ord99xx.doc PAGE 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER b. The driveway will not interfere with any existing easement. c. All other provisions of Section 1107.205 of the Zoning Ordinance must be met. 3. Section 1107 of the Prior Lake City Code is hereby amended to add the following language: 1107.206 Drivewav Alterations and Additions: A driveway permit approved by the City Engineer is required for any alteration or addition to an existing driveway that exceeds the length and width approved as part of the original building permit. This permit is subject to a fee established annually by resolution of the City Council. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 7th day of September, 1999. ATTEST: City Manager Mayor Published in the Prior Lake American on the 11th day of September, 1999. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\99files\99ordamd\zoning\99-052\ord99xx.doc PAGE 2 ~ ~c:rr:"':~;...:..w~:;;;~l~T~: '~ ~ '!' ~"~=,.._'-".-. ~~--~.~:~ ;lr: ",'~~"" ~"""""",,'1IlII :all' ,?;'J" ..., _ _._7........,~,"".,.,_. o. ;.. PLANNING COMMISSION MINUTES The public hearing was open. co~ents from the public: Bruce H\nnen, 4671 Martindale Street, explained the noise level ill the 8 to 10 competiti~ dirt bikes in the Pike Lake Trail area. The resident are happy the bike track is gone. A residential area is no place for dirt bikes. \ The public hean~ was closed. Comments from tll Commissioners: Stamson: . Questioned V onhof on enforc enforcement issue because it is .r . Supports recommendation. / I .I Kuykendall:r/ . The solution is the best.' Noise is no e. Prom an enforcement side it is ideal. . Questioned snowm~biles and persona watercrafts. . Vonhofsaid there",afe other statutes and rdinances addressing disturbing the peace. . This ordinance addresses land use. .? . Noise is a majpf issue. Suggested staff 100 into other communities addressing noise . " Issues. / I, i ./ MOTION B;Y KUYKENDALL, SECOND BY V OF, TO RECOMMEND ORDIN~CE 99-XX REGULATING THE USE 0 COMPETITION MOTO CYCLES. V onhof: . The ordinance is ve pecific. . Comfortable the ordin 'ce will address the issue. . Supports recommendatio to the City)touncil. . I ent. V onhof explained it was not a problem from an , 0 specific. Vo( aken indicated ayes by all. MOTION CARRIED. 's issue will before September 7, 1999, and will not be public hearing. D. Case File #99-052 Consider an amendment to Sections 1101.503 and 1107.205 of the Zoning Ordinance relating to requirements for replacement decks and to setback requirements for residential driveways. Planning Coordinator Jane Kansier presented the Planning Report dated August 9, 1999, on file in the office of the City Planner. 1:\99fi1es\99plcomm\pcmin\mn080999.doc 6 PLANNING COMMISSION MINUTES This public hearing is to consider an amendment to the Zoning Ordinance relating to the requirements for replacement decks and to setback requirements for residential driveways. Staffhas continued to apply the current ordinance, but have come across situations which require some changes in the language. The proposed amendments are intended to clarify the existing regulations of the ordinance. The language pertaining to deck replacements was an inadvertent omission. The driveway setback requirements are intended to provide some flexibility in the older areas of the City and in new townhouse developrnents. Staff recommends the Council approve the amendment as proposed. The Commissioners briefly discussed the definitions of decks versus porches and driveway widths. Further comments were made on driveway setback problems causing drainage problems, erosion and snow storage. There were no comments from the public. Comments Crom the Commissioners: Kuykendall: . Ready to act. V onhoC: . Agreed. Stamson: . Support the ordinance. MOTION BY KUYKENDALL, SECOND BY VONHOF, TO RECOMMEND CITY COUNCIL APPROVE ORDINANCE 99-XX AMENDING SECTIONS 1101.503 AND 1107.205 AND ADDING SECTION 1107.206 OF THE PRIOR LAKE CITY CODE. Vote taken indicated ayes by all. MOTION CARRIED. This matter will go before the City Council on September 7, 1999. 5. Old Business: A. Case File #9~9-. Resolutio ~5PC Cor Jeffrey and Jacqueline Daas. " 7 '.J'.J-J Planning Coordinator Jane K~'fbr..presented the Planning Report dated August 9, 1999, on file in the office of the CitY Plam16t\<, , "'",- On July 26, 1999, thePI~ng Commission~a public hearing regarding variances related to an AdmiIjstrative Subdivision including lot area, lot width, impervious surface, 1:\99files\99plcomm\pcmin\mn080999.doc 7 - "(~l"t" ;.'I!l '.:....-...,.'... c'r",