INFORMATION 06-04-2001Pdver
13065 Orono Parkway
Elk River, MN 55330
TO:
FROM:
INFORMATiO ,I
Memorandum
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE: JUNE 4, 2001
SUBJECT: DRIVEWAY WIDTHS
The Council recently received a letter regarding driveway widths from Gordon
Moldenhauer. A copy is attached.
When Mr. Moldenhauer reviewed the driveways mentioned in his letter, he did not have
two key pieces of information. First of all, the ordinance regarding driveway widths did
not come into existence until August 18, 1997. Driveways built prior to this date were
not regulated by a maximum width. Secondly, a driveway's width is measured
perpendicular to its run. If the street right-of-way cuts the driveway on a diagonal, as is
the case on a cul-de-sac, this diagonal does not constitute the width.
Staff researched the driveways mentioned in Mr. Moldenhauer's letter and has the
following specific responses:
Driveway 1 - 17857 Concord Court
No such address exists in Elk River. Staff assumes Mr. Moldenhauer is referencing
17827 Concord Court, which is the house next to the one where he had his driveway
variance recently denied. The driveway at 17827 Concord CT is 32.5 feet wide. This
house has not received a final, staff can still require that the driveway's width be reduce.
Driveway 2 - 12887 Mississippi Road
Staff has measured this driveway and it is 31.5 feet in width, not 34 feet as indicated in
Mr. Moldenhauer's letter. This house has not received a final and staff can require that
1.5 feet of this driveway between the right-of-way line and the street be removed. Staff
feels that this is a minor encroachment and does not recommend corrective action.
Driveway 3 - 416 Upland Avenue
This driveway was in existence prior to the city's ordinance.
Driveway 4 - 519 Upland Avenue
This driveway was built in 1994, prior to the city's ordinance. It is a good example of
why the city created a maximum driveway width. It looks like the entire front yard of
this dwelling is driveway.
Phone: 763.441.7420
Fax: 763 441.7425
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www. ci.elk-rivermn.us
Driveway 5 - 18019 Fresno Street
Staff measured this driveway at 30 feet, four inches, not 32 feet as measured by Mr.
Moldenhauer. Staff refuses to do anything about this one. This house has already Passed
a final inspection and four inches on a driveway width is certainly within tolerable
humane error.
Second Driveway 5 - 12441 196th Court
Perpendicular to its run, this driveway is 30 feet wide, not 43 feet as reported by Mr.
Moldenhauer. This driveway meets the city ordinance. Mr. Moldenhauer probably got
the 43 feet by measuring along the diagonal of the driveway's intercept with the cul-de-
sac.
Driveway 6 - 12302 195th LN
This house was built in the spring of 1997, prior to the city's ordinance regarding
driveway widths.
Driveway 7 - 12514 Vernon Ave.
This address would be in the City of Otsego, if it exists at all. Staff was unable to
decipher its location.
Driveway 8 - 12380 196th CIR.
This driveway is thirty feet wide as measure perpendicular to its run. Mr. Moldenhauer's
41 feet is probably a result of measuring diagonally along the driveways intercept with
the cul-de-sac.
Summary
Staff stamps each residential house plan with a note regarding the 30 feet maximum
driveway width. Although a permit is not required for a driveway, we do look at their
widths during our inspections. Only driveways 1 and 2 listed above constitute a violation
of the city's ordinance, at 2.5 feet and 1.5 feet over the maximum width respectfully.
Staff asks that the Council give direction on whether or not to have these two driveways
corrected.
Nonetheless, a violation of city code does not constitute a rationale for exceeding the
ordinance in another case. Staff sees nothing in Mr. Moldenhauer's letter that would
cause his variance to be reconsidered.
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Moldenhauer Custom Homes, Inc.
17952 Fresno St. N.W.
Elk River, MN 55330
(763) 441-2263
Dear Pat Klaers - City Administrator,
After being denied my Variance Request for Driveway width at 17833
Concord Ct. N.W. Mississippi Oaks Second Addition. On 5/22/01 I drove
within the City of Elk River for about one half hour. Upon investigation, I
measured several driveways within the City of Elk River and found nine
driveways that exceed the 30' foot limit. Ranging in size from 31.5 - 43 feet
wide at the curb.
2.
3.
4.
5.
17857 Concord Court NW, Elk River ......... 33 ft.
12887 County Road 30, Elk River .............. 34 ff.
416 Upland Ave., Elk River ..................... 33.5 ft.
519 Upland Ave., Elk River ...................... 42.5 ft.
18019 Fresno St. NW, Elk River ................ 32 ft.
LaFayette Woods
5. 12441
6. 12302
7. 12514
8. 12380
196th Court NW, Elk River ............. 43 ft.
195th Lane NW, Elk River ............ 32.5 ft.
Vernon Ave., Elk River ................ 31.5 ft.
196th Circle NW, Elk River ........... 41 ft.
There may be many more driveways that exceed the City's 30' ft.
maximum width ordinance. So with this information I am asking you to
reconsider your motion on my 'Variance Request. Contact me at your earliest
convenience.
Sincerely yours,
Gordon Moldenhauer
CC
Mayor Stephanie Klinzing
Councilmember Paul Motin
Councilmember Dan Tveite
Councilmember John Dietz
Councilmember Louise Kuester
Scott Harlicker, Senior Planner
Peter Beck, City Attorney
Pat Klaers, City Administator