(A) Purpose. The city recognizes that the complete and interconnected supporting local street network necessary for full compliance with this chapter may not be available due to conditions beyond the control of the individual property owner. The following procedure has been established to consider modifications of the access standards when necessary to allow reasonable economic use of property as permitted by the underlying zoning and to provide reasonably convenient and suitable access to every legal lot or parcel of record.
(B) Application requirements. An application for a modification of access standards shall include:
(1) A complete access plan as required in § 156.05 of this chapter; and
(2) Additional information as may be required by the Access Management Administrator or recommended by Mn/DOT or other affected road authority, such as a traffic impact study or a signal justification report.
(C) Procedures for review and approval. The procedures for the review and approval of a modification of access standards shall be the same as for an access plan as specified in § 156.05 of this chapter.
(D) Findings for approval of modification of access standards.
(1) Public street connections. The approving authority may approve a public street connection as a modification of access standards when the proposed street connection meets all of the following findings:
(a) The proposed street connection is necessary to provide reasonable connectivity to the supporting road network or to provide access to an area that is otherwise isolated due to topography, unique natural features, or existing land use and street patterns;
(b) The proposed street connection is necessary for the property to be put to reasonable economic use as permitted by the underlying zoning; and
(2) Private access. The approving authority may approve a private access as a modification of access standards when the proposed access meets all of the following findings:
(a) The property retains access rights.
(b) Reasonably convenient and suitable alternative access is not available or attainable from the local road network or by shared access and/or cross access to adjacent properties due to one or more of the following circumstances:
1. Use of the alternative access would disrupt a protected wetland under the Wetland Conservation Act, being M.S. §§ 103G.221 et seq., as it may be amended from time to time, a protected shoreland under the Shoreline Zoning Act, or a steep slope (greater than 12%);
2. The affected road authority will not authorize the necessary extension of the connecting road system;
3. The adjacent property owner will not authorize the necessary shared access or cross-access agreement; or
4. The affected road authority will not authorize use of the local connecting road system due to projected impacts of the anticipated traffic on the structural or geometric capacity of the roadway or the safety and livability of the surrounding area.
(c) The proposed private access connection is necessary for the property to be put to reasonable economic use as permitted by the underlying zoning.
(E) Conditions of approval. The approving authority may attach conditions to the approval of a modification of access standards as deemed necessary to promote the spirit and intent of this chapter.
(1) The access may be approved as an interim access to be phased out at a future time or condition;
(2) Turning movement to and from the access may be restricted at the time of construction or at a future date, based upon existing or anticipated traffic volumes;
(3) The access may be required to serve existing or future adjacent property by a shared entrance or cross access easement as provided in § 156.07(B)(3) of this chapter; or
(4) Other conditions may be required based on the conclusions and recommendations of a traffic impact study and/or the review by Mn/DOT or another affected road authority.
(2004 Code, § 156.09) (Ord. 03-361, passed 5-25-2004)