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Council advises permits or variances for driveway and apron repairs; CUP required for some projects

City of Goodhue Council · August 28, 2024
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Summary

Residents seeking to repair or replace concrete aprons and driveways were told the city cannot simply allow work that violates setbacks; applicants were advised to apply for building permits, pursue variances when justified, and expect public hearings for conditional-use permits.

Two residents asked the council about replacing or resurfacing concrete aprons and driveways that encroach on setback lines. Summer, who said she had no original building permit for her apron, requested permission to replace the failing concrete. Council members explained the city’s position: because the apron sits within the five-foot setback and was installed without a permit, it cannot be reinstalled without following building-permit and variance procedures.

‘I am requesting the permission to have my concrete apron replaced,’ Summer said. Council members noted that if the apron is removed it cannot be replaced without a permit or a neighbor-authorized variance and that gravel or grass may be options depending on recorded covenants.

A separate applicant (recorded as Briana Ralph Zenki) applied for a conditional-use permit to repair a driveway, add an 8-by-20-foot concrete patio and perform foundation waterproofing. Council and staff discussed that if buildings predate current setbacks they may be grandfathered, but that zoning applications triggering a CUP must be processed and — under Minnesota law cited by staff — the city must either issue a written approval or denial within statutory timeframes or the application may be deemed approved if not timely processed. Because CUPs require public hearings and notice, the council recommended scheduling a hearing to clarify the exact scope of the requested work.

Council clarified that building permits are administered by the county building official; if the county issues a permit and inspections are satisfied, the work can proceed subject to zoning. Staff and council asked applicants to provide drawings and to coordinate with staff (Jason) so the council and county can determine whether a CUP or only a building permit is necessary.

The council did not take a final vote on any CUP at this meeting; it instructed staff to set public hearings where required and advised applicants to secure permits and prepare justification for any variance request.