Memo- 2nd Reading of Ordinance 98-809 Amendments to Sec 810 & 820-Driveways & Side Walk Snow RemovalCity of Hopkins
Memorandum
To: Honorable Mayor and City Council
Copy:
From: James Gessele, Engineering Superintendent
Date: April 29, 1998
Subject: Second Reading Ordinance 98 -809
Amendments to Sections 810 and 820 -
Driveways and Sidewalk Snow Removal
ENGINEERING
Council considered the above ordinance at its April 21 meeting. Discussion was held
and Council offered no changes. In summary, the ordinance revision updates language
concerning the number of permissible curb cuts on residential properties, provides
clearer definitions of the terms "driveway" and "curb cut," and provides procedures for
handling a long -term phase -out of non - conforming driveway use in front setbacks. The
City Code concerning performance in snow clearance from sidewalks is revised from
ten (10) days to forty eight (48) hours.
Staff recommends Ordinance 98 -809 for second reading and final adoption.
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 read as 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:
ORDINANCE NO. 98-809
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
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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
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Charles D. Redepenning, Mayor
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