Agenda - Council - 08/12/2024 - Laserfiche WebLink

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Councilmember Specht noted that there are likely more properties that are affected by this than just the ones that Staff targeted. Councilmember Woestehoff shared that he does not appreciate the idea that Staff is targeting particular areas, but they are rather responding to complaints. Councilmember Specht reiterated that there are likely other properties in the City that are in this same situation. He noted that they should look at this process to see if it can be cheaper to mitigate the issue. Councilmember Howell asked if there are some cities that allow driveways to go up to the property line. Planning Manager Larson said yes. Councilmember Howell noted that this was something that they took into consideration as they were thinking through this. She added that she is also taking into consideration what the residents have brought forward. She stated she wants to come up with a better solution for this, not to encourage people to break the rules, but to find a common sense solution that is more cost effective. She noted that regardless of what they decide, there will still be people who are unhappy. Planning Manager Larson explained that the permitting and variance process has changed over the years and in the past when they were giving permits, they were not inspecting the properties to make sure the work was being done properly so some of these things were done wrong. He shared that variances are allowed by the State for cities to grant for land use related things. He added that these are typically in place to be worked around nature and its effect on the property rather than just for a matter of convenience. Councilmember Musgrove shared that variances are approved at the Planning Commission level unless someone wants to appeal the decision made by the Commission. She asked if homeowners are fined for being out of compliance then have to apply for a variance. Planning Manager Larson said they could get fined if they do not comply with the required compliance date. Councilmember Musgrove asked what the typical distance is for drainage easements on property lines. Planning Manager Larson stated that most of the platted drainage and utilities easements are five feet. He noted that there are some exceptions made to accommodate tighter setbacks that may be less than five feet. Councilmember Musgrove asked if there are any accommodations made for driveways that have been in place for a very long time since the five foot requirements have been in place. City Council / July 23, 2024 Page7of10