Adopt Resolution #19-062 Affirming Status of Second Access at 5735 Alpine Drive NW

The purpose of this case is to affirm the status of a second road access for property at 5735 Alpine Drive NW ("Subject Property"). The owner, Jeff Abrahamson, has requested information regarding number of accesses on the Subject Property from Alpine Drive as he intends to sell his home, and wants to confirm the second access in order to inform interested buyers. This case is being added to the agenda at this time in an attempt to find resolution before an existing Purchase Agreement expires.

Existing records are not clear on the original intent of a second curb cut in question. However, based on internal conversations, it is believed that the City had intended at some level to allow the Property to use this additional access. The City Council is asked to provide policy direction in the form of a resolution to avoid any uncertainty in the future if this question surfaces again.

Notification is not required.

Zoning
The property is currently zoned R-1 Residential (MUSA); this zoning district allows for one (1) driveway, that must be paved.

Existing Driveway (Primary Access)
The Subject Property has a paved driveway off Alpine Drive NW into the attached garage on the property, running north-south from the southeastern corner of the lot. The driveway is approximately 85 feet from the property line to the attached garage.

Curbcut/Crosswalk
The property owner has stated that a second, paved access southwest of the property in the right-of-way is a curb cut allowing the Subject Property an additional access. The property owner states that the City constructed this access during trail construction as the homeowner had been using it as a grass entrance. Aerial photos show that the property owner has created some wear on the grass to the back building in order to access it, even before construction of the curb cut in question. It is unclear if this use was ever approved by the City.

However, the City has striped this curb cut as a crosswalk, and must ensure the safety of residents utilizing the crosswalk for its intended purpose. The paved area and striping is all done within the City's right-of-way and is an allowed use of the right-of-way. Furthermore, conversations from 2002 show that the trail running parallel to Alpine Drive was to be connected south in the right-of-way of the existing home. The Subject Property was home to a daycare, and Staff believes the crosswalk likely went in to ensure the safety of the children of the daycare. This is not reflected in the approved plan set, and was likely a field change order.

Since that time, additional crosswalks have been constructed approximately 500 feet east of the subject crosswalk and another approximately 900 feet west of the subject crosswalk. At this time, the crosswalk in question is duplicative and mid-block. Public Safety prefers not to have mid-block crossings. Staff will be forwarding a case to the next Public Works Committee to consider having this crosswalk removed. This will resolve the question at least in part.

Off-Street Parking and Maneuvering
The City of Ramsey does not allow motor vehicles to be parked on the grass; this is a stipulation that has been in each copy of our City Code. The City does not require driveways to detached accessory structures. However, when use of a yard is used frequently enough to show physical signs of being a driveway, the City can require the paving of a surface. If it is being sporadically used for storage, and the grass doesn’t show signs of wear, the City won’t require paving an access to it. 

Based on questions from the Buyer, Staff is concerned this will turn into a non-conforming home occupation. However, the attached resolution provides clarification and protection for the City to ensure that this is not interpreted as approving a home occupation without going through the proper approval process.

In the future, Staff would be open to conversations with the homeowner to relocate the driveway and remove access off Alpine Drive. There is the potential to access from Krypton Street. This is not proposed at this time, but would be a future discussion.

Resolution
The intention of this resolution is to clarify for the homeowner if an additional access of Alpine is allowed and to clarify the existing language in the City Code as it relates to off-street parking and maneuvering (parking on grass). This case will also reaffirm the home occupation standards in the City Code.

Summary
Staff believes the City has room to compromise in this situation and allow the homeowner to use a second access onto the property. Given the lack of adequate record keeping on the matter, previous use, and review of previous aerial photos, Staff believes it is reasonable to clarify the record that use of this second access is reasonable and considered lawful, non-conforming (grandfather rights).

Additionally, the City will begin the necessary process of removing the crosswalk by routing through the Public Works Committee and back to the City Council in late March. The City will not remove the access at this time, but retains the right to require paving to the back building if the wear on the grass becomes evident.

Staff is handling this request as part of normal duties.

Staff recommends that the City Council adopt Resolution #19-062 affirming status of second access at 5735 Alpine Drive NW, which will clarify the record that the Property may use the second access to access the rear yard.

Motion to adopt Resolution #19-062 affirming status of second access at 5735 Alpine Drive NW.