6.1 rk? A�
ITEM 6.1.
•ity of
Elk/ River MEMORANDUM
TO: Planning Commission
FROM: Laurie Mezera-Kerr, `,' *-_-
Environmental/Code Enforcement
Officer
DATE: September 29, 1998
SUBJECT: Request by the City of Elk River for
an Ordinance Amendment, Public
Hearing Case No. OA 98-5
Request
Consider a request by the City of Elk River for an ordinance amendment to
the Public Nuisance Ordinance regulating semi-tractors and trailers in
residential and A-1 Districts.
• Attachments
• Ordinance 98-_
• Existing Ordinance
Overview
The City Council requests review of the attached amendment relating to
semi-tractors and trailers in residential and A-1 districts. This matter was
brought to the Council by property owners residing near a semi-tractor
trailer, operating out of a private residence.
The current nuisance code allows semi-tractors on private property in any
residential or A-1 district. Trailers may be parked only on private property
in A-1 and R-la districts.
Zoning Tractor Trailer
Private Public Private Public
Al yes no yes no
R-1A yes no yes no
• All Residential yes no no no
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612)441-7425
• Currently, truckers residing within the urban service area may park their
tractors at their home, but store trailers elsewhere. Thus, reducing unsightly
exterior storage as well as, road wear on municipal streets. Nevertheless, the
existing code does not take into consideration noise and odor associated with
the tractor's operation.
The following cities were surveyed regarding this issue: Alexandria, Blaine,
Brooklyn Park, Eden Prairie, Ham Lake, Lakeville, Long Prairie, Maple
Grove and Rosemount. Of the nine communities surveyed, six prohibit semi-
tractors and/or trailers in residential areas. Three cities permit the tractor
with conditions placed on screening or inside storage. However, the
construction of an accessory building within the urban service area is
currently not an option due to a 15' height restriction placed on accessory
structures. A height limit of 22' is placed on accessory building in both the R-
1A and A-1 districts.
Recommendation
To address the concerns of semi-tractors and trailers in residential settings,
staff recommends approval of the attached amendment to section 500.06(6).
Under this revision, semi-tractors and/or trailers would be permitted in R-la
• and A-1 zoning districts that are non platted, and five acres or greater in size,
and a conditional use for platted parcels or parcels less than five acres in size.
This amendment will impact independent truckers on platted parcels or
parcels less than five acres in the A-1 and R-la Districts. Residential
trucking operations within the urban service area will be eliminated all
together. Numbers are not available as to how many truckers will be
impacted by this amendment.
•
411 bottles or other substances which may injure any person or animal
or damage any pneumatic tire when passing over the same .
4 . The depositing of garbage, trash, rubbish, bottles, cans and
other refuse on a public right-of-way or on private property.
5 . The outside storage of pipe, lumber, forms, machinery or other
occupational materials upon property in a residential district and
covering more than one percent (lo) of the total lot area of such
property.
(v J The parking of a truck, tractor and/or trailer, or other
commercial-type vehicles, excluding pickup trucks or vans, in
excess of seven thousand (7, 000) pounds gross weight on public
property within an area zoned residential. In addition, the
parking of semitractor trailers (whether standing alone or in
combination with a semitractor) on residential lots except
those non-City sewered lots located in A-1 and R-1/A Districts .
7 . Sidewalks that are not kept free of snow and ice during normal
business hours in commercial and industrial zoned districts and
within 24 hours after a snowfall within residential zoned
districts .
• In the enforcement and interpretation of this section, the City
shall take into account the fact that there is siynificant
diversity of uses in the City, particularly the fact that
substantial portions of the City are agricultural lands . Some of
the listed nuisances shall not be deemed to be nuisances when they
are reasonably conducted and related to productive agricultural
use of land.
500 . 08 - BUILDINGS OR STRUCTURES WHICH ENDANGER PUBLIC HEALTH.
SAFETY, OR PROPERTY WITHIN THE CITY
1 . Any building or structure in the City which is found by the
Building and Zoning Administrator or the Fire Marshal to be
dangerous to public safety or health or to other property by
reason of:
A. Damage by fire; or
B. defective chimney or stovepipe; or
C. dilapidated condition or decay; or
D. defective electric wiring; or
• E. defective gas installation; or
5.3
• ORDINANCE 98-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
AMENDING SECTION 500.06(6)
OF THE CITY CODE OF ORDINANCES
Case No. OA 98-5
The City Council of the City of Elk River does ordain as follows:
Section 1. Section 500.06(6) of the City of Elk River Code of Ordinances
shall be amended to read as follows:
The following are declared to be a nuisance affecting public peace and safety:
6. The parking of a truck tractor and/or trailer, or other commercial type
vehicle, excluding pickup trucks or vans in excess of seven (7,000)
thousand pounds gross weight on public property within an area zoned
residential. In addition, the parking of semi-tractors and/or trailers on
residential lots shall be prohibited, except on non platted parcels five
• (5) acres or greater located in a R-1A or A-1 District, unless a
conditional use permit has been granted for R-1A and A-1 parcels
which are less than five (5) acres in size or platted. Furthermore, the
excessive idling of a semi tractor in excess of ten (10) minutes or
greater, shall also be considered a public nuisance.
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 , 19 .
Henry A. Duitsman Sandra A. Peine
Mayor City Clerk
1111