2260 Bayview Place - Driveway Issue 2014

Home Browse Search

Mike Gaffron From: Mike Gaffron Sent: Tuesday, October 07, 2014 4:22 PM To: Soren Mattick Subject: RE: 2260 Bayview Attachments: Hillside Place Sketches and Docs.pdf; Hillside pics.pdf Soren— To start with,the code would not allow them two driveways: • Sec. 18-136.-Residential driveways,approaches and turnaround. (a)One driveway approach shall be allowed from up to two single residential parcels of land to the same road,provided that appropriate easements exist between parties sharing the driveway and driveway approach.Parcels having frontage on more than one public road shall be allowed a driveway approach to one public road. (b)Residential driveway approach shall not exceed 20 feet in width at the intersected right-of-way line. (c)The total width of driveway approaches to up to two single parcels of land from a single road shall not exceed 20 feet. (d)A curb cut shall not exceed the width of the driveway approach at the property line by more than ten feet. (e)No portion of a driveway approach,except the curb return,shall be constructed within 100 feet of a corner. (f)For residences constructed after July 25, 1986,the driveway approach and that part of the driveway and turnarounds which drain to the road shall be paved with bituminous concrete blacktop or equivalent paving. Where it has been determined by the city's public service director that driveway and/or driveway approach existing on July 25, 1986,is causing a maintenance problem on the road,including but not limited to the washing of dirt and gravel into the road,the public services director shall order that the property owner pave such portion of the driveway and/or driveway approach as is necessary to remove the maintenance problem. Portland cement concrete will only be allowed from the driveway up to the public right-of- way.This requirement shall not be construed to reduce paving otherwise required by performance standards in chapter 78 or required as a condition to the granting of a conditional use permit,lot division, subdivision or as designated in the approved site plan. (g)Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a state highway,county road or collector roadway as determined in the comprehensive plan,and on all entrances to public roads within the city where deemed necessary by the public services director,based on traffic counts,sight distances,street grades and other relevant factors. If a driveway turnaround is required by the public services director,such requirement shall be stated on any permit issued by him pursuant to this article. (Code 1984, §§6.05(9), 6.06(9)) The 2260 Bayview house was built in 1978, prior to the 1986 provisions of section(f) above. It was built with the following notation on the permit: "Driveway thru Lot 36—Bayview". The house was apparently built with a two-level garage—the upper level facing west toward Bayview Place, the lower level facing east toward Hillside Place. During the 1980s it appears based on a 1989 aerial photo and from a statement in the `Agreement' that 2260 Bayview had driveway accesses to both Bayview Place and Hillside Place, but by 1994 the Hillside access was no longer being used. We don't have any record that I can find that addresses whether or when the Hillside driveway was allowed after the house was built. I also have attempted to research the city codes to determine when the limitation on the number of driveways went into effect- it was in place by 1988 but I haven't been able to determine whether it was in effect earlier. Given that the 1994 Agreement states there was no access as of 1994, re-establishment of the access any time after the Agreement would seem be in violation of the code provision limiting a property to one access, regardless of the validity of the Agreement. Ms. Block(owner of 2260)has stated to me that Greg Gappa had agreed to let her keep the driveway as long as it didn't cause any problem with the neighbors—this was 1