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n , -�, • •. .�� 11Cl , '"��T�NG c��,o,�o�� REQUEST FOR COUNCIL ACTION '90�,Q DATE: October 9, 2002 ITEM NO.: /U Department Approval: Administrator Reviewed: Agenda Section: Name Paul �Veinber�er Zoning Title Zoning Administrator Item Description: James E. McNeal,Formation Architects Driveway Access Request Appeal of Administrative Decision List of Eshibits: A Letter of Request(James E. McNeal) B Letter to Troy Prosa, Formation Architects C Survey of Beau I�iarais D Resolution No. 3739—Approving Plat of Beau Marais 2"d Addition E Resolution No. 3577—Approving Preliminary Plat of Beau Marais 2°d Addition F Copy of Driveway Easement Agreement G Plan Option 1 —Driveway Access to Fox Street H Plan Option 2—Driveway Access to Private Driveway I Comprehensive Plan—Roadway Functional Classification J Comprehensive Plan—Access Manasement Policy The City has been asked to reconsider a denied request for driveway access permit for property located at 2�30 FoY Street. The lot was created in 1996 as part of the Plat of Beau Marais 2nd Addition. At that time it�vas implied that the access for this lot would be to the private drive that also serves rivo additional lots to the north. The 2�30 lot also was required to enter into a driveway maintenance a�reement with the h��o lots that also share access. The request is to allo�v direct access to Fos Street rather than have access to a shared driveway. The staffls rationale behind requiring the access to the private drive was related to limiting the number direct driveway access points to FoY Street. The Comprehensive Plan addresses the issue stating that the number of curb cuts and access points be limited. The Comp Plan on'y discusses limiting access for individual residences for street; desib ated as arterials. This sectioa of Fox Street is not defined as an arteria( but is one of only a few throu;h streets that do receive additional east-west traffic. Fox Street �vest of Old Crystal Bay Road is defined as "B" minor arterial, and east of Old Crystal Bay is espected to have all additional tra�c in the future, especially if/when improvements to the County Road 15/Orono Orchard Road intersection are made. Staff has concluded (from information that is available from the time the lot w�as created) the ciry's intent was that access for 2�30 would be from the existing private access drive. The developer also �vent so far as to attribute a portion of the maintenance costs for the private drive to the subject lot. Additionally, the private driveway was required to be upgraded �to a.:commodate additional traffic for a third lot. Allow�in�direct access to Fox Street would not be consistent �vith the past policies and approvals, and would conflict with the intent of the Comprehensive Plan.