6.11. SR 06-20-2005
Item #6.11.
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Leeseberg, Planner <Z.,.
DATE: June 20, 2005
SUBJECT: Case No. OA 05-08
Request by the City of Elk River for an Ordinance Amendment
to Section 30-0 I "Definitions" and Section 30-795 "Yard
Regulations"
Request
The City of Elk River is requesting an Ordinance Amendment to Section 30-01
"Definitions" and Section 30-79 5 "Yard Regulations". These are housekeeping amendments
suggested by both Building Inspection and Planning Staff to clarify the zoning code and
ensure consistency with the building code.
Attachments
· Existing Language
· Proposed Language
· Graphic to be included in Ordinance
· Ordinance 05-_
Overview
Dqinitions
Language was added to clarify the difference between side yards and garage side yards.
Additional language was added to determine the rear yard on comer lots, which have two
front yards. The rear yard will be opposite the address side of a property.
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
City Council! OA 05-08
June 20, 2005
Page 2
Yard Regulations
This section deals with what is allowed to project into the required setbacks and easement
areas on a property. The Planning and Building Department worked on this section together
to address building/fire code issues, ever increasingly tight building sites and newer building
features like cantilevered gas fireplace chimney chases that have evolved in the recent years.
Some redundant information in this section has been removed as it is addressed in other
areas of the ordinance.
Planning Commission Action
The Planning Commission unanimously recommended approval of the request.
Recommendation
Staff and the Planning Commission recommend the City Council approve the revised
language.
S:\pLANNING\Case Files\2ooS\OA 05-08 City ofER Yard Regs\OA OS-08_CC.doc
Existing Language
Section 30-795 Yard Re2ulations
(7) The following shall not be considered to be obstructions when located in required
front, rear, and side yards as specified:
a. Front yard.
1. One-story bay windows may project three feet or less into the yard; and overhangs,
eaves and gutters may project 2 1/2 feet or less into the required yard setback.
2. A landing place or uncovered porch may extend into the required front yard to a
distance not exceeding six feet, if the landing place or porch has its floor no higher than
the entrance floor of the building.
3. The required front yard of a comer lot shall not contain any wall, fence, or other
structure, tree, shrub, or other growth which may cause danger to traffic on a street or
public road by obscuring the view.
4. On double frontage lots, the required front yard shall be provided on both streets.
5. Air conditioning units, excluding window units, shall not be located in required front
yards.
b. Side yard. Overhangs, eaves and gutters may project into any required yard and
setback a distance of one foot.
c. Rear yard. Enclosed, attached or detached off-street parking spaces; open off-street
parking spaces; accessory structures, tool rooms, and similar buildings or structures for
domestic storage; balconies; breezeways and open porches; and one-story bay windows
may proj ect 2 1/2 feet or less into the yard. In determining the depth ofthe rear yard for
any building where the rear yard opens into an alley, one-half the width ofthe alley, but
not exceeding ten feet, may be considered as a portion of the rear yard.
Section 30-01 Definitions
Yard, front, means 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 at the end of this section.)
Yard, rear, means 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 at the
end of this section.)
Yard, side, means 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 at the end ofthis section.)
Proposed Lan~
Section 30-0 I Definitions
Yard means 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 as otherwise
permitted by city ordinance. (See figure A at the end of this section.)
Yard, front, means 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, with the rear yard being opposite the address side. (See
figure A at the end of this section.)
Yard, rear, means a yard extending along the full width of a rear lot line (opposite the
addressed side) between side lot lines and from the rear lot line to the nearest building line in
depth. (See figure A at the end of this section.) In determining the depth of the rear yard
for any building where the rear yard opens into an alley, one-halfthe width of the alley,
but not exceeding ten feet. may be considered as a portion of the rear yard.
Yard, side, means a yard extending from the front yard to the rear yard and lying between
the side lot line and the nearest principal building line or detached accessory building line.
(See figure A at the end of this section.)
Yard, garage side, means a yard extending from the front yard to the rear yard and lying
between the side lot line and the nearest attached accessory building line. (See figure A at the
end of this section.)
Proposed Lan~
Section 30-795 Yard regulations
(7) Retaining walls, structures or portion of structures (including cantilevers) shall not
be located within any easement. With the exception of zero lot line structures, no
structure or portion of a structure shall be closer than (3) three feet to any property line.
The following items may project into the required front, side, and rear yard setbacks as
specified:
a. Front yard.
1. Cantilevered bay windows (including eave overhang), balconies, eave overhangs
and cantilevered chimney chases (without foundations) may project (2) two feet or less
into the required setback.
2. Egress window wells (including the structure ofthe well) may project (4) four feet
or less into the required setback.
3. An uncovered landing, stair, ramp or stoop may extend into the required setback a
maximum distance of (6) six feet, if the landing, stair, ramp or stoop has a floor no higher
than the entrance floor of the building.
4. Air conditioning units, excluding window units, shall not be located in required front
yards.
b. Side/Garage side yard
1. Eave overhangs may project (2) two feet or less into the required setback.
2. Egress window wells (including the structure of the well) may project (4) four feet
or less into the required setback.
c. Rear yard
1. Cantilevered bay windows (including eave overhang), balconies, eave overhangs
and cantilevered chimney chases (without foundations) may project (2) two feet or less
into the required setback.
2. Egress window wells (including the structure ofthe well) may project (4) four feet
or less into the required setback.
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ORDINANCE 05 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-01 "DEFINITIONS" & SECTION 30-795 ''YARD REGULATIONS"
OF THE CITY CODE OF ORDINANCES
Case No. OA 05-08
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-01 titled DefInitions of the City of Elk River Code of Ordinances
shall be amended by amending the following:
Yard, front, means 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, with the rear yard being opposite the address side. (See
fIgure A at the end of this section.)
Yard, rear, means a yard extending along the full width of a rear lot line (opposite the
addressed side) between side lot lines and from the rear lot line to the nearest building line in
depth. (See fIgure A at the end of this section.) In determining the depth of the rear yard for
any building where the rear yard opens into an alley, one-half the width of the alley, but not
exceeding ten feet, may be considered as a portion of the rear yard.
Yard, side, means a yard extending from the front yard to the rear yard and lying between
the side lot line and the nearest principal building line or detached accessory building line.
(See fIgure A at the end of this section.)
Lot Diagram, Exhibit A
and by adding the following:
Yard, garage side, means a yard extending from the front yard to the rear yard and lying
between the side lot line and the nearest attached accessory building line. (See ftgute A at the
end of this section.)
Section 2. Section 30-795 titled Yard Regulations of the City of Elk River Code of
Ordinances shall be amended by replacing the existing with the following:
(7) Retaining walls, structures or portion of structures (including cantilevers) shall not be
located within any easement. With the exception of zero lot line structures, no structure or
portion of a structure shall be closer than (3) three feet to any property line. The following
items may project into the required front, side, and rear yard setbacks as specifIed:
-
a. Front yard.
1. Cantilevered bay windows (including eave overhang), balconies, eave overhangs and
cantilevered chimney chases (without foundations) may project (2) two feet or less into the
required setback.
2. Egress window wells (including the structure of the well) may project (4) four feet or
less into the required setback.
3. An uncovered landing, stair, ramp or stoop may extend into the required setback a
maximum distance of (6) six feet, if the landing, stair, ramp or stoop has a floor no higher
than the entrance floor of the building.
4. Air conditioning units, excluding window units, shall not be located in required front
yards.
b. Side/Garage side yard
1. Eave overhangs may project (2) two feet or less into the required setback.
2. Egress window wells (including the structure of the well) may project (4) four feet or
less into the required setback.
c. Rear yard
1. Cantilevered bay windows (including eave overhang), balconies, eave overhangs and
cantilevered chimney chases (without foundations) may project (2) two feet or less into the
required setback.
2. Egress window wells (including the structure of the well) may project (4) four feet or
less into the required setback.
Section 3. 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 20th day of
]une,2005
Attest:
Stephanie Klinzing
Mayor
] oan Schmidt
City Clerk
S,\PLANNING\Case Files\2005\OA 05-08 City oEER Yard Regs\Final Ordinance. doc
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