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5.5 PCSR 07-25-1995 ITEM 5.5. MEMORANDUM ty of � • lkTO: Planning Commission River FROM: Gary Schmitz /^ Planning Assistant C9 DATE: July 25, 1995 SUBJECT: Ordinance Amendment request by the City of Elk River, Public Hearing Case No. OA 95-10. Request The City of Elk River is requesting an Ordinance Amendment which would add a 5-foot driveway setback from side property lines for all zoning districts. Attachments Ordinance 95- Analysis Over the past few years staff has been aware of a potential problem related to driveway setbacks with the Elk River City Code. The existing Ordinance currently allows a driveway to be placed anywhere on the property, including directly on the property line. This standard has led to some problems over the years between neighbors. In response to this potential land-use conflict, staff is proposing a minor 5-foot driveway setback for all zoning districts, in an effort to provide some separation of driveways and neighboring property boundaries. The Amendment would also aid in keeping driveways outside the 5-foot side-yard drainage and utility easements, which is common on most platted parcels. When a driveway is placed within the 5-foot drainage and utility easement, at times, a drainage problem may result, as water from an adjacent parcel can be directed directly on a neighboring property. A recent survey of several other communities confirms that most require some driveway setback standards varying between 3 and 10 feet. However, most cities require a 5-foot driveway setback. This Ordinance Amendment should not cause a hardship for most parcels, due to the fact that the great majority of the driveways in Elk River do meet a minimum 5-foot side-lot setback standard. However, it may lessen the potential land-use conflict for • the few driveways that actually are constructed very close to, or on, the side- lot line. S:Planning/0A95-10 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo To The Planning Commission Page 2 July 25, 1995 IIIRecommendation Staff recommends the Planning Commission recommend approval of the Code Amendment as proposed in the attached Ordinance. . • S:Planning/0A95-10 • ORDINANCE 95- AN ORDINANCE OF THE CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 924.24 OF THE CITY OF ELK RIVE CODE OF ORDINANCES RELATING TO PARKING & LOADING REGULATION (CASE NO. OA 95-10) The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.24 of the City of Elk River Code of Ordinances is herby amended to add the following section: Section 900.24 (4)(c)(13)(C)(xiii) - In single family residential zoning districts no driveway or parking area shall be located within five (5) feet of a side or rear property line. Passed and adopted by the Elk River City Council this 21st day of August, 1995. III Henry A. Duitsman, Mayor Attest: Sandra A. Thackeray, City Clerk • s:document:ordinance:oa95-10