8.2.
| CC Regular Session New |
| Meeting Date: | 07/23/2024 |
| Primary Strategic Plan Initiative: | {ud_pd8} |
Title:
Driveway Setback Discussion
Purpose/Background:
This case was requested by Councilmembers Howell and Musgrove.
In summer 2023, code complaints were filed with the Code Enforcement Officer against eight (8) properties, in which expansions to the existing driveways had been constructed that did not comply with city code setback requirements. City Code Section 106-463 regulates residential driveways to be setback at least five feet from interior side or rear lot lines. Some of the driveway expansions abut up to the interior side (side yard). There are instances in which the driveway expansions are new (within the last year) and others that have existed 10+ years. Up until 2023, a driveway permit was required to expand a driveway. This permit requirement had been in code since, at least, the early 1990s; it was to ensure the location and setbacks met the city code. The permit is no longer a requirement.
The Code Enforcement Officer is required to enforce zoning regulations; therefore, he began the code enforcement process. To date, two (2) property owners have applied for variances, in which public hearings will be held at the Planning Commission meeting on July 25, 2024. One (1) property owner modified the driveway to meet the five (5) foot setback required by city code and one (1) property owner has been working with staff, Councilmember Specht and Councilmember Howell to apply for a variance. Four (4) property owners have yet to be notified of the noncompliant setbacks. After discussions with staff and Councilmembers Specht and Howell, it was determined to bring the discussion to the City Council as a whole. Discussion is to include the following:
1. Is there a way to allow for a setback encroachment on a driveway if the neighboring property owner agrees to it?
2. Should the setback be amended to allow driveways to the property line or modify the setback to be closer than five (5) feet?
The majority of all properties have drainage and utility easements around the entire property. In the case of newer developments, a five (5) foot easement along the side yards is common. Typically, the easements are graded to catch the water runoff from the properties. It is not a large quantity of water filling the easements; however, it ensures the water stays on the property where it originated, as this is a requirement of the city code. Also, it provides space for snow removal from the hard surface driveways and ensures encroachments of vehicles and materials do not cross property lines. There are instances in which easements are used to move large quantities of water or utilities are located within the easements. In those cases, structures are not allowed.
At some point in the 1990's, the setback from the interior side and rear property line changed from three (3) feet to five (5) feet. As part of the 2023 zoning code updates, staff raised the question to the Planning Commission about changing the setback to three (3) feet. At that time, the Commission did not support the change. City Council could direct staff to bring a discussion to the Planning Commission regarding amending the setback to something less than five (5) feet.
The question was asked by Councilmember Howell about allowing for some type of permit if the neighboring property agrees to the encroachment. This could be a way to remedy the situation. However, staff have concerns about situations in which a neighbor may agree to an encroachment to keep the peace and be "neighborly" or if the property was sold, how does the new owner feel about the encroachment? Staff encounter neighbor disputes on a consistent basis; majority of people remain anonymous because of the fear of retaliation, or they do not want to disrupt the peace they have with the particular neighbor. How do staff ensure water runoff is managed on the property it originated from?
Staff is requesting City Council begin discussions and provide staff with direction.
In summer 2023, code complaints were filed with the Code Enforcement Officer against eight (8) properties, in which expansions to the existing driveways had been constructed that did not comply with city code setback requirements. City Code Section 106-463 regulates residential driveways to be setback at least five feet from interior side or rear lot lines. Some of the driveway expansions abut up to the interior side (side yard). There are instances in which the driveway expansions are new (within the last year) and others that have existed 10+ years. Up until 2023, a driveway permit was required to expand a driveway. This permit requirement had been in code since, at least, the early 1990s; it was to ensure the location and setbacks met the city code. The permit is no longer a requirement.
The Code Enforcement Officer is required to enforce zoning regulations; therefore, he began the code enforcement process. To date, two (2) property owners have applied for variances, in which public hearings will be held at the Planning Commission meeting on July 25, 2024. One (1) property owner modified the driveway to meet the five (5) foot setback required by city code and one (1) property owner has been working with staff, Councilmember Specht and Councilmember Howell to apply for a variance. Four (4) property owners have yet to be notified of the noncompliant setbacks. After discussions with staff and Councilmembers Specht and Howell, it was determined to bring the discussion to the City Council as a whole. Discussion is to include the following:
1. Is there a way to allow for a setback encroachment on a driveway if the neighboring property owner agrees to it?
2. Should the setback be amended to allow driveways to the property line or modify the setback to be closer than five (5) feet?
The majority of all properties have drainage and utility easements around the entire property. In the case of newer developments, a five (5) foot easement along the side yards is common. Typically, the easements are graded to catch the water runoff from the properties. It is not a large quantity of water filling the easements; however, it ensures the water stays on the property where it originated, as this is a requirement of the city code. Also, it provides space for snow removal from the hard surface driveways and ensures encroachments of vehicles and materials do not cross property lines. There are instances in which easements are used to move large quantities of water or utilities are located within the easements. In those cases, structures are not allowed.
At some point in the 1990's, the setback from the interior side and rear property line changed from three (3) feet to five (5) feet. As part of the 2023 zoning code updates, staff raised the question to the Planning Commission about changing the setback to three (3) feet. At that time, the Commission did not support the change. City Council could direct staff to bring a discussion to the Planning Commission regarding amending the setback to something less than five (5) feet.
The question was asked by Councilmember Howell about allowing for some type of permit if the neighboring property agrees to the encroachment. This could be a way to remedy the situation. However, staff have concerns about situations in which a neighbor may agree to an encroachment to keep the peace and be "neighborly" or if the property was sold, how does the new owner feel about the encroachment? Staff encounter neighbor disputes on a consistent basis; majority of people remain anonymous because of the fear of retaliation, or they do not want to disrupt the peace they have with the particular neighbor. How do staff ensure water runoff is managed on the property it originated from?
Staff is requesting City Council begin discussions and provide staff with direction.
Notification:
Notification not required.
Time Frame/Observations/Alternatives:
If the City Council provides direction for staff to propose a zoning code change, it will be discussed at the August 22, 2024, Planning Commission meeting. The public hearing will then be placed on the September 26, 2024 Planning Commission agenda. City code section 106-214 requires public hearings for zoning text amendments to be held by the Planning Commission. The Commission will conduct a public hearing, report its findings and make a recommendation to City Council. City Council will then act on the recommendation at the regularly scheduled meeting on October 8, 2024.
Funding Source:
Not Applicable
Recommendation:
Provide direction to staff to either proceed forward with a zoning text amendment or leave the zoning code requirements as currently adopted.
Outcome/Action:
Motion to provide staff with direction that may include the following:
1. Direct Planning Commission to discuss a code change and hold a public hearing; or
2. No changes to city code that require a five (5) foot setback for driveways from interior side or rear property lines.
1. Direct Planning Commission to discuss a code change and hold a public hearing; or
2. No changes to city code that require a five (5) foot setback for driveways from interior side or rear property lines.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Brian Hagen | Brian Hagen | 07/18/2024 02:08 PM |
- Form Started By:
- Stephanie Hanson
- Started On:
- 07/17/2024 11:30 AM
- Final Approval Date:
- 07/18/2024