HomeMy WebLinkAbout13.F.1. Parking Hardship-1006 Shawmut St S
/3.1=. I.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Parking Hardship-l 006 Shawmut St. S.
DATE: February 12,2009
Comment:
Introduction:
The City Council is asked to consider the request of Mr. Greg Vierling, for an exemption
from the City's winter parking ordinance for his home at 1006 Shawmut St. S. The issue
also involves a question on surfacing of parking areas.
Background:
Attached is a letter from Mr. Vierling. He is the owner of a single family residence at the
southwest comer of the intersection of Shawmut and 10th A venue. As shown in the letter,
he has four vehicles at that address which create problems regarding parking off street
during the time of winter parking restrictions. Those restrictions are effective November
1 st through March 31 st.
Because of work schedules, Mr. Vierling states that the moving of cars is necessary in
order to have all four parked off street during the winter parking restrictions. During the
remainder of the year, two cars are parked on-street.
It should be noted that the address has a narrower than standard driveway. Staff has
recommended to Mr. Vierling previously to widen the driveway so that two vehicles
could be parked in the drive simultaneously. He has chosen not to do that. However,
even ifhe did, it would still not meet what we understand to be the crux of his request-
to have it so that vehicles parked outside would not have to be moved to access garage
parking spaces.
His letter essentially makes two requests:
a) A waiver from the winter parking restrictions.
This has been reviewed by Public Works and the Police Department, who are in
agreement that while the situation at 1006 Shawmut may be inconvenient for the
applicant, it does not meet the definition of a hardship. They note that there
could be many similar situations in Shakopee. The winter parking restrictions are
there for a reason-to facilitate snow removal.
b) An approval to park cars on the lawn as opposed to surfaced driveways.
The letter actually comprises a request for a "variance" from the Zoning chapter as it
relates to the requirement that parking occur on properly surfaced driveways.
. The property has four off-street parking spaces (a 2-car garage and 2 spaces on
the existing driveway). That meets code. Additional vehicles beyond four would
still not constitute a hardship. If the garage spaces are filled with other things
than vehicles and so are not available for parking, that is a choice ofthe owner. It
would not rise to a characteristic of the property that makes it practically difficult
for the owner to provide parking for four vehicles. Thus, the request would not
meet an important criteria for granting a variance.
. As currently written, Chapter 11 does allow the use of Class V gravel or similar
materials for driveway expansion. If that is done, there would be room for two
cars parked side by side on the driveway, and still be out of the sideyard setback.
The owner apparently chooses not to expand the driveway, thereby contributing to
his difficulty.
Appeal Process:
According to Section 9.5, subd. 5 ofthe City Code, a request for parking hardship maybe
considered by the City Council after informing the City Engineer, Public Works, and
Police Departments. Those three departments have reviewed Mr. Vierling's case. None of
them recommend an exemption-while it may be inconvenient for the Vierlings, it is not
unlike situations for many other residents of Shakopee.
Recomemndation:
For the reasons listed above, staff recommends not to grant a hardship exemption to the
winter parking rules. Mr. Vierling has been advised of this, and will be in attendance to
appeal this to the City Council at its February 1 ih meeting.
Relationship to Visioning:
This supports Goal F, "Housekeeping".
Action Required:
The Council should consider and act upon the hardship waiver that is requested by Greg
Vierling, 1006 Shawmut St. S.
'w] (
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Mark McNeill
City Administrator
MM:cn
Mr. Mark McNeill Feb. 3rd, 2009
City Administrator
Shakopee, MN
RE: Parking Restriction Hardship
Dear Mr. McNeill
I live at 1006 Shawmut Street South in Shakopee and have resided there for over 10
years. I now have children well into their adult years creating a total of four licensed drivers living
at my residence.
Nearly % the entire year, none of our four vehicles can legally park on the street in front
of our home from 2AM to 6AM due to the city winter parking ordinance. As you are aware, the
City of Shakopee also has an ordinance that prohibits any of these four vehicles from parking on
any "unpaved surface".
My driveway is only single width at the curb and widens to a narrow double width 1/3 up
the way to the garage entrance. I work days, my wife works nights and my two older children
have varying schedules due to their combined school and work schedules.
I believe it is easy to see that when these two ordinances are enforced, it places an
unreasonable hardship on my family. My driveway is not wide enough for all of us to be parking
on it at the same time, in any useful fashion, without having a portion of our vehicles somewhat
parked off the pavement and onto an unpaved area of my yard.
Try to imagine any of the four of us getting our vehicles in and out without us being in
violation of this "unpaved surface" ordinance. In order to comply with it, my family would have to
be interrupted at any time, possibly during their sleeping hours, to start a cold car in the dead of
winter and move it to accommodate the others.
The people who live just north of me have less in.trusive parking restrictions and are able
to park on the street. They merely have to alternate parking from one side of the street to the
other during the winter parking restriction period. My lot lies just south of the border itself, on 10th
Ave. and Shawmut Street.
It would be difficult to finance a driveway widening project at this fime, having two kids
attending college, three in elementary, etc, etc. Especially, I don't believe it would be a simple
task to perform any kind of landscaping here in the early part of February. At the present (and
meantime) before any kind of pavement could be put in place, my family is left with considerable
hardship. This seems unfair to this tax-paying citizen. My driveway is smaller than, and my home
is of similar age as some of those immediately north of 10 Ave. but a block or two west of me.
Mr. McNeill, would you please assist me in obtaining a "Hardship Waiver" that would
allow my family to either park somewhat off my current paved driveway or even better, park in
front of my house, on the street itself (through the 2-6AM period) as long as the street has been
plowed from curb to curb? At the very least a waiver that clears me through this season's parking
restriction period and into a warmer, dryer time of year would allow some relief until landscaping
could possibly be performed.
Thank you very much for your generous time and consideration.
~y~-
· Gre. ierling
Greg Vierling
1006 Shawmut Street S.
Shakopee, MN 55379
Day phone: 952-942-3652
I
99.50
Subd.2. Parkina Restrictions From November 1st Throuah March 31st.
A. From November 1st of each year through March 31st of the following year, no
person may park or leave standing a vehicle on any public street between the
hours of 2:00 A.M. and 6:00 A.M. on any day. This restriction does not apply to
any public street located in the area described in paragraph B of this Subdivision.
(Amended Ord. 614, October 25, 2001)
B. From November 1st of each year through March 31st of the following year, no
person may park or leave standing a vehicle on any public street located west of
Marschall Road, north of 10th Avenue, east of County Road 69 and south of the
Minnesota River between 2:00 A.M. and 6:00 A.M., except that on even-number
calendar days period vehicle parking is allowed during this time on the even-
number address sides of public streets located in this area, and on odd-numbered
calendar days vehicle parking is allowed during this time on the odd-number
address sides of public streets in this area. (Amended, Ord. 614, October 25,
2001 )
C. From November 1 st of each year through March 31 st of the following year, no
person may park or leave standing a vehicle on either side of Second Avenue
between Sommerville Street and Naumkeag Street. (Amended, Ord. 614, October
25, 2001)
Subd. 3. Parkina Hours in the Central Business District. Notwithstanding any other provision in
this Section no person may park or leave standing a vehicle on the following streets in the Central
Business District between 2:00 o'clock A.M. and 6:00 o'clock A.M. on any day of the year: Second
Avenue, First Avenue and Levee Drive between Sommerville and Fuller Street and Lewis Street,
Holmes Street and Fuller Street between Second Avenue and Levee Drive. (Amended, Ord. 614,
October 25, 2001)
Subd. 4. Snow on Public Riaht-of-Wav. No snow shall be removed from private property and
subsequently deposited on public right-of-way such as, but not limited to, streets and alleys.
T Subd. 5. Hardship. Upon showing of undue hardship in individual cases, the Council may grant
modification or exemption from the above upon notifying the City Engineer, the Street Department
and the Police Department.
Subd. 6. Unlawful Act. It is unlawful to park in violation of this Section.
Subd.7. Towina. Persons in violation of the parking restrictions outlined in this Section shall be
tagged and subject to being towed at their own expense. (Amended, Ord. 614, October 25, 2001;
Ord. 740, October 27,2005; Ord. 770, October 26,2006)
Subd. 8. Parkina Restrictions Durina Snow Emeraencies.
A. After a snowfall of two (2) inches or more or upon the declaration of a snow
emergency by the City Administrator: (1) no person may park or leave standing
any vehicle on a snow emergency route until the snow has been plowed on those
streets; and (2) except for the streets in the Central Business District described in
Subdivision 3 of this Section, the parking restrictions set forth in Subdivision 2,
Paragraphs A and B of this Section shall be in effect twenty four (24) hours a day
until the snow has been plowed on those public streets. (Added, Ord. 614,
October 25, 2001)
page revised in 2007
846
Legond
Street Names
City Boundary
Parcels
2007 Scott County
PID:270410500
~ 1006 SHAWMUT ST S SHAKOPEE
SHAKOPEE MN 55379 COMMUNITY PRIDE SINCE 1857
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Property Information Other Information
PID: 270410500 Deeded Acres: 0
House #: 1006 Tax Exempt:
Street: SHAWMUT ST S Green Acres:
City, State, Zip: SHAKOPEE MN 55379 Ag. Preserve:
Plat: PLAT-27041 EAGLE BLUFF 2ND ADDN Complex Prop.:
Lot: 1 School District: 720
Block: 5
Addition #: 041 Values Information
Addition: Land: $105000
Legal: EAGLE BLUFF 2ND ADDN Lot-DOl Block-ODS Building: $149500
GIS Area: 14187.173098379 Green Acres: $0
GIS Acres: 0.32569267903 Total: $254500
Homestead?: Y
Owner Information Homestead Status: RESIDENTIAL
PID: 270410500 Taxes Payable Total: 0
Owner: GREGORY A VIERLING Taxes Payable Net: 0
Address: 1006 SHAWMUT ST S SA Payable: 0
City, State, Zip: SHAKOPEE MN, 55379 SA Due: 0
Building Information Zoning Information
Year Built: 1984 Zoning: RIB
Bedrooms: 5 Front Setback: 30
Bathrooms: 1.75 Rear Setback: 30
Homestyle: SPLIT-FOY Side Setback: 10
Model Code: 1 Street Setback: 20
Model Desc: RES Height: 35
I Architecture Code: 3
Architecture Desc: SPLIT-FOY
Frame Code: 0
Frame Desc: NfA
Square Footage: 1586
Garage Sq Ft: 556
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We hereby certify that this is a true and correct representation of a survey of the boundaries of the land described above
and cf the location of all buildings thereon, and all visible encroachments, If any, from or on said land, that this survey was
prepared by me or under my direct sl,Jpervlslon and that I am a duly Registered Land Surveyor under the laws of the State
of Minnesota. As surveyed by me this 22 tb,.. ;' day of Ortcher , 19~. .
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p.o. box j. osseo, minnesota 55369 0 (612) 42&;2181 erglrBerS
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File No. '+1503 COO Book 656/ _ Page Minn. .. ;lstrauon No. \~O~1