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CR 98-60 1st Reading Amendments to City Code Secs 810 & 820 Driveways & Sidewalk MaintenanceApril 16, 1998 Proposed Action. Staff recommends adoption of the following motion: Move that Council adopt for first reading Ordinance 98 -809 amending Sections 810 and 820 of the City Code. Overview. In 1997, residents at 14 Homedale Road applied for a driveway permit to make certain improvements: remove a segment of the existing driveway to provide additional landscaping near the house; resurface the remaining segments of the driveway. Upon permit application, staff noted that at some point in the past the residents had converted an attached garage to their home into additional living quarters but had not removed the driveway leading to the former garage. Staff denied a permit on the basis that the driveway could foster non - conforming use in that it lead to parking of vehicles in the front setback area. This condition is clearly a violation of the City Code. The residents countered that their driveway should remain and allowed to be improved by virtue of its 50 -yr. existence and the need for handicap access. Staff and the Homedale Road resident have worked on developing an acceptable compromise, and the following amendments to the City Code that support an agreement are offered for review and action. Primary Issues to Consider. Discussion of amendments Planning and Zoning Commission review Agreement with resident Recommendation Supporting Information. Current City Code — Sections 810 and 820 Ordinance 98 -809 ,i...,„__ es Gessele Engineering Supt. First Reading Amendments to City Code Sections 810 and 820 Driveways and Sidewalk Maintenance Council Report 98 -60 Analysis. Discussion of amendments Section 810.07. Subd. 2. of the code is amended to provide for more than one curb cut in the front yard for not only horseshoe or loop driveways but also for driveways that access conforming parking areas on all other parts of a residential lot. The amended subdivision also deletes former language that restricted an entire residential property to one curb cut. The new language more accurately reflects multi - driveway access points that are possible and access legal parking areas. Section 810.07. Subd. 4 is an addition to the current code that more clearly defines the terms "driveway" and "curb cut ". Of special note is that a driveway accesses attached/detached garages or carports or parking landings /areas that are deemed to be legal. This is an important element in enforcing the current City Code that disallows parking in the front setback. Note the definition of "curb cut" does not take the term "curb" literally. It is merely a term to describe the area of access from a property boundary to a public street. Section 810.07. Subd. 5. and 6. address the issue raised by the case at 14 Homedale Road. Subdivision 5 provides clear direction and authority for handling cases where residents wish to convert garages to living quarters or remove some other legal parking area by virtue of home expansion, as an example. It is now clearly spelled out that once such change in use occurs, the driveway accessing that former vehicle storage area must be removed. Subdivision 6 addresses the Homedale Road case directly. For all pre- existing, non - conforming uses as earlier described, the driveway shall be removed at such time the property is sold. Through its Truth -in- Housing program, the City can track all home sales, perform a simple inspection, and put the seller on notice where necessary that a non - conforming driveway needs to be removed as a condition on the sale. Section 820.01 Subd. 2 more clearly defines the term "driveway apron" and puts it on equal usage with the term "curb cut ". There has been criticism of the City Code in that the two terms were ambiguous. These definitions should address that criticism. Section 820.07 is amended simply by substituting 10 days performance with that of 48 hours to address the issue of snow clearance from sidewalks. Currently the City's 10 -day wait for snow removal compliance is unacceptable to many Hopkins pedestrians and they have notified City staff to that effect. Planning and Zoning Commission review After the Homedale Road issue arose, staff began preliminary code changes and the Planning and Zoning Commission was approached to provide input. The commission's chief concern was that parking in the front yard setback not be condoned without the benefit of access to a legal parking area, be that a garage, carport, or other landing. These proposed changes were reviewed by the commission and approved without discussion. Agreement with resident The City Attorney has drawn up a draft agreement per provisions in 810.07. Subd. 6. Staff and the resident will delay signature on this until all readings of the ordinance have been completed and Council has taken final action. Recommendation Staff recommends adoption for first reading of Ordinance 98 -809. Hopkins City Code (Rev. 3/95) 810.01 Section 810 - Permits; Sidewalk, Curb and Gutter Driveways, Driveway Aprons, Parking Lots 810.01. Permits required. No persons shall construct, repair or rebuild any public driveway or driveway apron, private driveway, public sidewalk or carriage walk, curb or gutter over or upon public right -of -way, or a private parking lot for more than three vehicles without first obtaining a permit therefor from the engineer. 810.03. Application for permits. The permit application shall be in writing on a standard form supplied by the City and shall state the following: a) the legal description, address, and owner's name of the premises involved; b) the exact location, or locations, upon which it is proposed to construct, repair or rebuild any driveway, driveway apron, sidewalk, carriage walk, curb or gutter, or parking lot; c) the size in square feet or square yards of such proposed construction, alteration or repair; d) the date on which such improvement is proposed to be commenced; e) the name and address of contractor who it is proposed will construct, alter or repair, remove or demolish such driveway, driveway apron, sidewalk, carriage walk, curb or gutter, or parking lot. 810.05. Fee. The fee for the permit is set by city council resolution. 810.07. Specifications. Subdivision 1. Materials and design. Curbs or gutters or driveway aprons shall be of concrete construction; sidewalks or carriage walks shall be of concrete or flagstone construction; driveways and parking lots shall be of bituminous or concrete construction or other suitable hard surface impervious material - all in conformity with the specifications for such construction and design approved by the engineer and on file in the engineer's office. Subd. 2. Driveway cut restrictions. Only one driveway curb cut per residential property will be allowed. Horseshoe or loop driveways of no more than two curb cuts will be permitted where the owner can demonstrate that parked vehicles in the driveway will not violate front set -back ordinances. Subd. 3. Parking lot drainage. Parking lots, except those for less than four vehicles, shall be graded according to a drainage plan which has been approved by the city engineer and the governing watershed district. Storm sewers may be required. Parking lots shall be constructed with concrete curb and gutter. (Section 810 was amended by ordinance #95 -754) Hopkins City Code (Rev. 8/95), 820.07 Section 820 - Maintenance and Repair of Walks, Aprons and Vegetation 820.01. Definitions. Subd. 1. "Current Service ". The term means the removal from sidewalks accumulation of snow, ice, dirt and rubbish; cut or eliminate weed growth, grass or other rank vegetation. Subd. 2. "Driveway Apron ". The term means the driveway area providing access to the property of an owner or occupant extending from a public, street curb cut to the boundary of the property of said owner or occupant. 820.03. Walks And Weeds. The owner or occupant of property adjacent to a public sidewalk, carriage walk, or driveway apron, shall maintain such areas in a clean and safe condition for pedestrians at all times and shall not allow snow, ice, dirt or rubbish to remain thereon longer than 12 hours after its deposit. Said owner or occupant shall further cut or remove weeds, grass or other rank vegetation growth of an average height greater than ten inches as defined in Minnesota Statute Section 18.171, Subd. 5. 820.05. Public Nuisance. Failure of the owner and occupant to comply with the requirements of Section 820.03 by allowing such accumulations or growth shall be deemed to be a public nuisance. 820.07. Notice. Whenever the owner or occupant permits the continuance of a public nuisance as defined in Section 820.05, the City shall serve notice upon said owner or occupant by registered mail or personal service ordering such maintenance or removal within ten days following receipt of the notice and further notice that non - compliance will be followed by such maintenance or removal by the City at the expense of the owner or occupant and if unpaid, shall be made a special assessment against the property concerned as hereinafter provided. 820.09 Assessment. On or before September 1 of each year, the City shall list the total of all unpaid charges for each type of current service against each separate lot or parcel to which they are attributable under this Section. The City may then spread the charges against the benefited property .as a special assessment pursuant to Minnesota Statute Section 429.101 and other pertinent statutes for certification to the County Auditor and collection for the following year with current real estate taxes due on said lots or parcels. 820.11 The City shall repair or replace carriage walks and driveway aprons when, in the opinion of the City Engineer and subject to Council approval, such facilities are found to be in a state of disrepair and pose- a danger to the health and safety of the Public. Costs incurred shall be assessed against benefited property as a special assessment pursuant to Minnesota Statute 429. Section 820 Page 1 Hopkins City Code (Rev. 8/95), 820.13 820.13. Unused or abandoned curb cuts and driveway aprons shall be removed by the City and street, curb, gutter and boulevard restored in the event of street reconstruction, development or redevelopment of real property adjacent to such curb cut and apron or upon determination by the City that such unused or abandoned curb cut and apron impose a hazard to the health and safety of the public. Costs incurred shall be assessed against the benefited property as a special assessment pursuant to Minnesota Statute 429. 820.15. Notwithstanding the above provisions to the contrary, the City shall repair or replace public sidewalks at its own expense without cost to the owner or occupant of adjacent property. 820.17. Violation. Continuation of a public nuisance as defined in Section 820.05 in violation of this Ordinance or to interfere with a City employee or other authorized person in the performance of any current service following due notice to the owner or occupant of such lots or parcels is a misdemeanor violation of this Ordinance. (This Section was amended in its entirety by Ordinance No. 95 -772) Section 820 Page 2 ORDINANCE NO. 98-809 An Ordinance relating to driveways and maintenance of walks and vegetation; amending Section 810 and Section 820 of Chapter VIII of the Hopkins City Code as follows. THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN: Section 1. The Hopkins City Code, Section 810.07 is hereby amended by substituting the following paragraph to readas follows: 810.07. Subd. 2. Driveway Restrictions. Only one driveway in the front yard of residential property shall be allowed except as follows: a) a horseshoe or loop driveway of no more than two curb cuts in the front yard of such residential property shall be permitted where the owner demonstrates that parked vehicles in said driveway shall not violate front yard setback ordinances, or b) driveways accessing a garage, carport, landing or other parking area which are in conformance with applicable ordinances. Section 2. The Hopkins City Code, Section 810.07 is hereby amended by adding the following paragraphs to read as follows: 810.07. Subd 4. Definitions: a. "Driveway ". The term means a paved area providing access to either an attached or detached garage, carport or other legal parking area on residential property. b. "Curb cut ". The term means the driveway area providing access to the property of an owner or occupant extending from a public street to the boundary of the property of said owner or occupant. Subd. 5. Change in Use. Upon application of an owner or occupant to improve or convert a garage or other legally situated parking area serving residential property to a use inconsistent with the storage of an automobile in those instances where access to the garage or parking area is across the front yard of such residential property, the driveway and its use thereof for parking or storage of vehicles shall cease and be removed as part of the improvement or conversion applied for. Subd. 6. Non - conforming Uses. Pre - existing non - conforming uses of a driveway described in Subd. 5 shall be removed upon sale of such premises from and after the date of this Ordinance. Improvements to or upon such non - conformance as may be allowed prior to such sale by an owner or occupant shall be by issuance of a permit by the City for such improvements and pursuant to a c: \file \hopkins \ordinance \driveway 1 • separate agreement with the City setting forth the specific terms and conditions to accomplish the purpose of this Subdivision 6. The separate agreement with the City shall be recorded with the Hennepin County Recorder or Registrar of Titles. Section 3. The Hopkins City Code, Sections 820.01 and 820.07 is hereby amended by substituting the following paragraphs to read as follows: 820.01 Definitions: Subd. 2. "Driveway Apron ". The term means a driveway area providing access to the property of an owner or occupant extending from a public street to the boundary of the property of said owner or occupant. 820.07. Notice. Whenever the owner or occupant permits the continuance of a public nuisance as defined in Section 820.05, the City shall serve notice upon said owner or occupant by registered mail or personal service ordering such maintenance or removal within 48 hours following receipt of the notice and further notice that non - compliance will be followed by such maintenance or removal by the City at the expense of the owner or occupant and if unpaid, shall be made a special assessment against the property concerned as hereinafter provided. Attest: First Reading: April 21, 1998 Second Reading: May 5, 1998 Date of Publication: May 13, 1998 Effective Date of Ordinance: June 2, 1998 Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Date c: \file \hopkins \ordinance \driveway 2 Charles D. Redepenning, Mayor