7.5. SR 11-16-1998'ty of
ver
Item #7.5.
MEMORANDUM
TO:
FROM:
DATE:
The Mayor and City Council
Stephen Wensman, Planner ~DJ
November 16, 1998
SUBJECT:
Request by the City of Elk River for
an Ordinance amendment, Public
Hearing Case No. OA 98-4
Request
The City of Elk River is requesting an ordinance amendment to redefine the
existing definitions, Lot Line, Front and Lot Line, Rear and to create new
definitions for Yard, Front Yard, Side Yard and Rear Yard.
Overview
Staff has found the current definition of Lot Line, Front, and Lot Line, Rear
to be confusing and inconsistent with the Yard Regulations, section 900.20,
and the general interpretation of a front yard and rear yard of a corner lot
used by staff. Furthermore, staff feels that new "yard" definitions with
graphics will help clarify the regulations.
Current Definitions
The current definition for Lot Line, Front is:
The boundary of a lot which abuts a street or road. In the case of a corner
lot it shall be the boundary with the shortest dimension on the street or
road.
The current definition for Lot Line, Rear is:
The boundary of a lot which is opposite the front lot line.
The current Yard Regulations 900.20,5.F. state:
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/OA 98-4
November 16, 1998
Page 2
The front yard setback requirements shall be observed on each street side
of a corner lot; ....
The yard regulations reflect the general interpretation used by staff who
interprets corner lots as having two front yards, one on each street frontage.
Amended Definitions
The amended definitions of Lot Line, Front, and Lot Line, Rear are as
follows:
LOT LINE, FRONT: The boundary of a lot which abuts a street or road.
In the case of a corner lot, there shall be two front lot lines. (See figure
A).
LOT LINE, REAR: The boundary of a lot which is opposite the addressed
street. (See figure A).
New Definitions
The new definitions requested are as follows:
YARD: An open space on the same lot with a building or structure,
which is unoccupied and unobstructed from the ground up, except for
accessory structures or otherwise permitted by City ordinance. (See
figure A).
YARD, FRONT: A yard extending along the full width of a front lot
line between side lot lines and from the front lot line to the nearest
building line in depth. On a corner lot, the front yard shall be on each
street. (See figure A).
YARD, SIDE: A yard extending from the front yard to the rear yard
and lying between the side lot line and the nearest building line, or in
the absence of such front or rear yards, to the front or rear lot lines.
(See figure A).
YARD, REAR: A yard extending along the full width of a rear lot line
between side lot lines and from the rear lot line to the nearest building
line in depth. (See figure A).
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Memo to the Mayor and City Council/OA 98-4
November 16, 1998
Page 3
Figure A.
Planning Commission
The ordinance amendment went before the Planning Commission on
September 22, October 13th workshop and again on October 27th. The
reasons for the ordinance amendment and correct wording was discussed.
the October 27t~ meeting the City Attorney, Peter Beck, supported the
amendment with a change in the wording.
Recommendation
Staff and the Planning Commission recommend approval of the ordinance
amendment as proposed in the attached ordinance.
At
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Memo to the Mayor and City Council/OA 98-4
November 16, 1998
Page 4
ORDINANCE 98 - 4
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.00 OF THE CITY CODE OF ORDINANCES
CASE NO. OA 98 - 4
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.00 of the City of Elk River Code of Ordinances shall be amended to
read as follows:
YARD: An open space on the same lot with a building or structure, which is unoccupied and
unobstructed from the ground up, except for accessory structures or otherwise permitted by City
ordinance (See figure A).
YARD, FRONT: A yard extending along the full width of a front lot line between side lot lines
and from the front lot line to the nearest building line in depth. On a comer lot, the front yard
shall be on each street (See figure A).
YARD, SIDE: A yard extending from the front yard to the rear yard and lying between the side
lot line and the nearest building line, or in the absence of such front or rear yards, to the front or
rear lot lines (See figure A).
YARD, REAR: A yard extending along the full width of a rear lot line between side lot lines and
from the rear lot line to the nearest building line in depth (See figure A).
LOT LINE, FRONT: The boundary of a lot which abuts a street or road. In the case of a comer
lot, there shall be two front lot lines (See figure A).
LOT LINE, REAR: The boundary of a lot which is opposite the addressed street. (See figure A).
Figure A.
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Memo to the Mayor and City Council/OA 98-4
November 16, 1998
Page 5
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this __ day of ., 1998.
Henry A. Duitsman
Mayor
Sandra A. Peine
City Clerk
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