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. . . ''1�i �Cl J 9�c��NG , c�TyoFU 4�� REQUEST FOR COUNCIL ACTION Ro,�,O DATE: October 9, 2002 ITEM NO.: /U Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Zoning Administrator Item Description: James E. McNeal, Formation Architects Driveway Access Request Appeal of Administrative Decision List of Exhibits: A Letter of Request(James E. McNeal) B Letter to Troy Prosa, Formation Architects C Survey of Beau Marais 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 Management Policy The City has been asked to reconsider a denied request for driveway access permit for property located at 2530 Fox 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 two additional lots to the north. The 2530 lot also was required to enter into a driveway maintenance agreement with the two lots that also share access. The request is to allow direct access to Fox Street rather than have access to a shared driveway. The staff's rationale behind requiring the access to the private drive was related to limiting the number direct driveway access points to Fox Street. The Comprehensive Plan addresses the issue stating that the number of curb cuts and access points be limited. The Comp Plan only discusses limiting access for individual residences for streets designated as arterials. This section of Fox Street is not defined as an arterial but is one of only a few through streets that do receive additional east-west traffic. Fox Street west of Old Crystal Bay Road is defined as "B" minor arterial, and east of Old Crystal Bay is expected to have all additional traffic 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 was created) the city's intent was that access for 2530 would be from the existing private access drive. The developer also went 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 accommodate additional traffic for a third lot. Allowing direct access to Fox Street would not be consistent with the past policies and approvals, and would conflict with the intent of the Comprehensive Plan.