ORD 05-015
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ORDINANCE 05 -l5...
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 figure 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:
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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
June, 2005 ,-AJ ,trt..ifh.. . ' ~ ...
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Attest: Mayor
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EXHIBIT A
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.Affidavit of Publication
.
ORDINANCE 05 - 15
CITY OF. ELK RIVER,
AN ORDINANCE OF THE CITY
OF ELK RIVER AMENDING
SECTION 30-(ll "DEFINIlI'IONS"
& 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 Ordi.nam:e$' shall
'beaQlended by amendiBl the fol-
lowing:
Yard, front, means a yard ~d-
STATE OF MINNESOTA )
)ss.
COUN1Y OF SHERBURNE)
C) ~J 3m ~ ,
being duly sworn, on oath says thWhe/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
A) The newspaper has complied with all the
requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other apPlic2~ 1a,'Ys, as amended. _
B) The printed 0LI7Mee t:) S - IS
.
ing along the full width of a front
lot line between side lot lines and
from the froht lot line to the near-
el3t building line in depth. On a
corner lot, the front yard shall be
on each I3treet, with the rear yard
being opposite, the address side:
(See figure A at the end of this
section.)
Yard, rear, means a yard extend-
ing 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 near-
est 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 extend-
ing from the front yard to the rear
yard and lying between ,the side
lot line and the nearest principal
building line or detached acces-
sory 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 · figure 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 struc-
tures, no structure. or portion of
a structure shall be closer than
(3) three feet to~y property line.
The following i~1llS yqyproject
into the requi.J'~'OOt, side, and
rear yard setbaCks 8$ specified:
a. Front yard.
1. . Cantilevered bay windowll
(including eave overhang), balco-
nies, eave overhangs and canti-
levered chimney chases (without
foundations) may project (2) two
feet or less into the required set-
back.
. 2. Egress window wells (includ-
ing the structure of the well) may
project (4) fourf~tor less into the
required setback.
3. An uncovered landing, stair,
ramp or stoop may extend into t~e
required setback a maximum dIS-
tance 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, exclud-
ing window units, shall not be
located in required front yards.
, b. Side/Garage side yard
1. Eave' overhangs may proj-
ect (2) two feet or less into the
required setback. , . .
2. Egress window wells (includ-
ing the structure 9f the well) may,
project (4) four feet or less into the
required setback.
c.Rear yard
L Cantilevered pay windows
(including eave. overhang),balco-
nies, eave overhangs and canti-
levered chimney chases {without
foundations) may project (2) two
feet or less into the required set-
back.
2. Egress window wells (includ-
ing 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
youn~il of the' City of Elk River
this 20th day of
June, 2005
(3) Rate actually charged for the
above matter
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for I succe~~ive weeks; it was first published
on Wednesday, the OlC.l'th day of 0u/l~ ,
20 65 , and was thereafter printed and published every
Wednesday to and including Wednesday, the
day of ,20_; and printed below
is a copy of the lower case alphabet from A to Z, both
inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication
of the notice.
a b c d e fg h ij k 1 m n 0 p q r s t u v w x y z
BY:~
TITLE: Eol,'+{)~
Subscribed and sworn to before me on this ....zq-Ji. day of
~e. , 20 oS- .
Lowest classified rate pai
commercial users for comparable space $
Maximum rate allowed by law for
the above matter
(1)
Lj 71. t'4
$/9't . (JO
$ Ie; 9. CrD
.
(2)