5.2. SR 06-28-1999
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Item #5.2.
MEMORANDUM
TO:
Mayor & City Council
FROM:
Pat Klaers, City Administrator
DATE:
June 28, 1999
SUBJECT: Driveway Issues
I apologize for bringing this issue back to the City Council (for what I hope is
the last discussion), but I think that more information needs to be presented
before this issue can be concluded. Prior to the City Council meeting on June
28, the council is strongly encouraged to drive by this County Road 32 area
and review the two sites and driveways under discussion. I think that
actually seeing the sites will help crystallize the issue.
.
I believe that the City Council can do a number of things with this situation.
First, it can make no changes in its June 21 decision to support the Grimmer
access request and to allow the Martin driveway to be installed. On the other
hand, the council can change one or both of these decisions.
For the record, no driveway permit exists. The county has issued no permit,
the city has no permit in its possession, and Mr. Martin has no permit.
Letters do exist between the county, Mr. Martin, and the city. The only letter
that gave Mr. Martin the city's approval to install the driveway (onto a
county road) is dated June 7, 1999, and I believe this letter was based on a
misunderstanding about the status of a county permit.
There is a very limited investment in the newly installed Martin driveway,
and I believe the City Council can have this driveway removed at a nominal
cost to the city. I believe there was some misunderstandings that led the city
to advise Mr. Martin that he could install the driveway, and that the city has
every right to correct the situation.
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One question that has not been answered is if the county will issue a permit
that seems to be inconsistent with its county road/driveway policy. If the
county does not issue a permit, then I think we are exposed from a liability
point of view and then the city has even more reason to change its June 21
decision and have this driveway removed.
13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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The Martin driveway has been installed without any plans being provided to
the county or the city. Desired information includes the status of the setback
from the property line to meet the city's ordinance and what the plans are for
hard surfacing the driveway in order to control dust. Based on no permit
being in existence, I believe that any exposure or liability, in case a future
accident takes place, would be with the city as we, not the county, issued
approval for this driveway to be installed. Clearly, the situation is different
now than when we first inquired about a driveway last year due to trailers no
longer being allowed in this residential district. With this being said, if the
council does not want this driveway removed entirely, then it can still order
the driveway to be relocated and reconstructed to different standards.
Regarding the second issue, which was a request from Mr. Grimmer to
support his driveway improvement request from County Road 32 into his
property, this site also needs to be seen firsthand by the council. I agree with
the county's observation that this is not a driveway, but a field entrance in
which the property owner is driving into his property at a convenient, flat
location. The exit off of County Road 32 into the Grimmer property and along
the back side (west side) does not appear to be a "driveway" in any shape or
form. The council is strongly encouraged to withdraw its support for having
this entrance become a driveway onto County Road 32.
Again, the council can do nothing or do anything regarding these situations.
Staff supports having the Martin driveway removed and not allowing this
property any access onto County Road 32, and withdrawing support for the
Grimmer field entrance becoming a driveway. From a traffic safety point of
view, two more driveways onto County Road 32 should not be approved.
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September 10, 1998
Terry Mauer, P.E.
City of Elk River,
13065 Orono Pkwy
Elk River, MN. 55330
Sherburne County
PUBLIC WORKS DEPARTMENT
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P. O. Box 338
425 Jackson A venue
Elk River, MN 55330
m(612) 441-1722 · 800-594-5208
Re: Driveway Access for Gary Martin;
Dear Mr. Mauer;
As per your request for a special access onto CR 32 for Gary Martin at 20369 Meadowvale Road,
Sherburne County will honor your request for a temporary access permit and waive all fees. The City of Elk River .
will oversee or do the installation of the entrance to our standards and remove it when ownership or usage
changes. I
iu have any questions, please call me at 441-1722.
Sincerely,
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Richard D. Corbin
Sherburne County Public Works
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An Equal Opportunity Employer
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June 7, 1999
Mr. Gary Martin
20369 Meadowvale Road
Elk River, MN 55330
Dear Gary:
The City of Elk River has been given permission by Sherburne County to
grant a temporary access permit onto County Road 32 in order for you to
construct a driveway onto County Road 32. The driveway installation must
be to the County standards and will be removed when ownership of the
property changes or when the need for truck parking on the property ceases.
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The City of Elk River will allow the driveway access onto County Road 32 in
order to minimize the driving of the semi-tractor on Victoria Lane, however,
the City is no longer interested in installing the driveway or paying for the
installation. Those costs, including City oversight and inspection, will be your
responsibility. It is not the City's policy to install driveways for its residents.
Please call me if you have any questions at 441-4902
Sincer:el~, .. CJ
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Mici:le McPherson,
Planning Director
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13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (6]2) 44]-7420 · Fax: (6]2) 44]-7425
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June 17, 1999
Mr. Gary Martin
20369 Meadowvale Road
Elk River, MN 55330
Dear Gary:
.
On June 7th, 1999, you received a letter from the City of Elk River informing
you that Sherburne County had granted the City permission to grant a
temporary access permit onto County Road 32. I have been informed by
others that the construction of this driveway has already begun. The City
has not been notified for inspection purposes and unless the County has
inspected the installation, there has been no assurances that the driveway
has been installed properly as per City and County standards.
The City of Elk River requires that the driveway be constructed with a
minimum 5 foot setback from the property line with a maximum width of 30
feet at the public right-of-way. The driveways are also required to have a
dust-free, all weather surface with proper surface drainage, as required by
the City Engineer. The County has its own requirements for the construction
of a driveway access off of the County Road.
The granting of a temporary driveway permit does not relieve you from the
conditions of the conditional use permit and does not grant permission to
park trailers on your property. Furthermore, the conditional use permit
limits the parking of the tractor to the area east of the garage near the house
as indicated on the submitted drawing.
Please call me if you have any questions at 441-4902
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Mi~ele McPherson, .
. Planning Director
13065 Orono Parkway. P.O. Box 490. Elk River. MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425