9.2. SR 02-18-2020
Request for Action
To Item Number
Mayor and City Council 9.2
Agenda Section Meeting Date Prepared by
Work Session February 18, 2020 Zack Carlton, Planning Manager
Item Description Reviewed by
Ordinance Updates: Code Enforcement Violations Cal Portner, City Administrator
Reviewed by
Action Requested
Provide staff with direction regarding possible amendments to the city’s zoning ordinance.
Background/Discussion
On December 2, 2019, the City Council discussed nuisance ordinance violations and other questionable
violations we have received numerous complaints about and which we found difficult to enforce due to
existing language within the code.
These violations generally relate to the expectations of residents – what do they want or expect their
neighborhood to look like. Council asked staff to explore possible ordinance amendments which would
address neighborhood appearance concerns and more clearly define what is or is not a violation of city
code.
Staff reviewed ordinances from other cities and contacted seven communities about their nuisance
ordinances. Staff also conducted an online ERA survey to gauge community opinion about property
standards and residential nuisance ordinances. The survey had 120 responses and the summary is
attached.
Financial Impact
None
Attachments
December 2, 2019, Staff Report
City Ordinance Comparison
ERA Survey Results
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Request for Action
To Item Number
Mayor and City Council 10.2
Agenda Section Meeting Date Prepared by
Work Session December 2, 2019 Zack Carlton, Planning Manager
Item Description Reviewed by
Ordinance Updates: Code Enforcement Violations Cal Portner, City Administrator
Reviewed by
Action Requested
Discuss potential updates to city ordinances as they relate to Council goals for community image and
appearance.
Background/Discussion
With the busiest part of the year coming to an end for Code Enforcement, staff is looking for Council
direction on a few potential ordinance violations. The three general questions for discussion at this time
are:
1. Is the City Council comfortable with boats being parked off of a trailer and on an approved
surface (concrete, gravel, asphalt) when not in use?
2. Should tarps be permitted as a means to cover boats, trailers, vehicles, etc. when parked or stored
on an approved surface?
3. Temporary storage structures (fabric or tarp sheds) under 120 square feet are permitted under our
ordinance, but the requirement to maintain these structures in a neat appearance is not clear.
Should the ordinance be amended to clearly require replacement of the covering when damaged
or worn?
Staff will incorporate Council’s direction into a future ordinance amendment to provide clarity for future
enforcement cases.
Financial Impact
None
Attachments
None
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
surfaces
structures
in driveway.
requirement
No 'on trailer'
clearly laid out
near property lines
licensed vehicles or
they wouldn't allow Not more than two Front and side yard
allowed on approved
surfaces (Sec. 36-864)
Not listed in code but Tarps allowed but not
No temporary storgage
torn and not on anything
trailers /parked on paved
anything stored long-term
Super confusing code, not
yard.
residents
requirement
requirement.
No 'on trailer' No 'on trailer'
No temporary
structures/sheds.
case by case basis.
from property line
video on website for
Good "instructional"
line for side and back
Front yard: stored on
Yes - 5' from property
Yes, not required to be
fitted. Torn/shredded is
approved surface; side or
back yard: on grass and 5'
tarps
requirementrequirement
amendmentsnot specified
receiving our
No 'on trailer'
frame structures.
Staff interested in
Yes; no 'on trailer'
No regulations about
No front yard storage
yard. Side/rear setbacks
Boats/RVs parked on an
No temporary aluminum
allowed driveway in front
-
ood
g
101(5)
523(c))
(limit 2)
Section 74Section 5 and 11Chapter 94Sec. 14 & Sec. 36-825
Must remain in
from side or rear yard.
front or side yards with
in back yard free of long
back yard only. Outdoor
grass/weeds (Section 74-
storage not allowed in the
Allowed in back yard only
Yes, 6 months. Set back 5'
Boats allowed; limited to 2
No 'on trailer' requirement
some exceptions under 48-
Yes - 5' from property line
items per property on grass
line.
structures
requirement
No 'on trailer'
354 and 117-355
Parking required on
Boats/pontoons not
allowed in front yard.
pads in some districts,
Yes - 5' from property
30-3(1), 3(6), 3(10); 117-
rear yard grass in others)
Not allowed in front yard
approved surface (parking
grass.
1041.09
Nuisance Comparison for Boats/Trailers/RVs and Tarps December 2019
No tarp shedsNo fabric/temporary
and back yards
which states item storage
allow 4 on driveway, 1 on
Section 340; also 1020.07;
Boats treated like vehicles,
Not specified. See 1041.09
should be placed "so as not to be visible from adjoining
properties & public streets"
Allows storage in front, side
side on approved pad, and up to 2 in back yard & can be on
yards
or tarp
than vehicles.
Not specified. No NoNo
yard property line.
Sec. 126-422 (b)(1) one
Sec. 34 and Sec. 126-422
oversized vehicle allowed.
No 'on trailer' requirementNo 'on trailer' requirement
Does allow storage in back
Yes but doesn't allow fabric
parking within 5 feet of side
to sebacks except no vehicle
Not specified for items other
On approved surface, subject
ChamplinBig LakeRamseyAnokaOtsegoBrooklyn ParkMaple Grove
Structures
Permitted?
Temporary Storage
Nuisance Code #NotesSetbacks for item storage?Boat Trailer Required? Parking RequirementsRVs/TrailersTarps Allowed for Covering boats, etc.?
ERA - Code Enforcement and Residential Property Standards
Survey #3 Results – December 30, 2019
Background: On December 2, 2019, the Elk River City Council discussed code enforcement ordinances
pertaining to community aesthetics and expectations. The conversation had three main topics: 1.) outdoor
storage in residential front and rear yards, 2.) tarps as an acceptable covering for items stored outside, and 3.)
whether the city should consider a limit on the number of items allowed to be stored outdoors on a
residential property.
The survey was available to ERA subscribers from December 16 through December 30, 2019. Of the 239
current ERA members, 120 responded to this survey – a large increase in participation compared to Survey
#1 with 57 respondents and Survey #2 with 39 respondents.
*RED indicates the most popular survey response for each question*
Question 1
Elk River has property standards in place to:
*Select all that apply*
o Preserve property values 76.7% (92 responses)
o Annoy homeowners 13.3% (16 responses)
o Reduce eyesores for neighbors 76.7% (92 responses)
o Increase health and safety in neighborhoods 52.5% (63 responses)
o Maintain community aesthetics and increase neighborhood pride 76.7% (92 responses)
o Other _______(please explain) 3.3% (4 responses)
Comments:
“The city should not interfere with personal property.”
“Elk River may have property standards but they do not enforce them.”
“Garbage cans should be kept out of sight. It looks “trashy” to have them left out constantly.”
“To answer the questions in this survey, it really depends on property size, screening from neighbors, and impact on neighbors.
Probably not a one size fits all policy on storage. I can store 4 trailers on my lot and my neighbors, or people on the street cannot
see 3 of them.”
“Raise property values so taxes go up.”
“Elk River has property standards in place to turn this into a socialist city.”
“Take into consideration the zone of the property.”
Question 2
My property would be of greater value if stricter/more defined property maintenance and storage standards
were in place in Elk River:
o Yes, the city should have more defined rules for property maintenance standards (53 responses)
o No, the current standards are fine (54 responses)
o Indifferent, I don’t have an opinion or I don’t care either way (13 responses)
Property Maintenance/Storage Standards
10.90%
Yes, we need more defined rules
44.20%
No, current standards are fine
Indifferent/don't care
45%
Question 3
The biggest code enforcement issue when it comes to property standards in Elk River is:
*Select all that apply*
o Tall weeds/grass 27.5% (33 responses)
o General property maintenance of a structure (home, shed, garage, etc.) 30.8% (37 responses)
o Outside storage of vehicles, RVs, trailers, boats, etc. 40.8% (49 responses)
o Junk and trash piled around a property 68.3% (82 responses)
o There are no property standard issues in Elk River 13.3% (16 responses)
o Other _______(please explain) 9.2% (11 responses)
Comments:
“Again, they have property standards but nothing is done to the people who don’t follow them.”
“Be understanding with family finances. If people could afford to paint, etc. they probably would.”
“Enforcement – I have complained about ordinance issues in the past and staff was reluctant to address the issue.”
“I believe that ER has a garbage can ordinance.”
“I don’t have issues with my neighbors so hard to have strong opinion, but I do see eyesores in other neighborhoods.”
“Just moved here, not sure yet.”
“Over-reaching government invading personal freedom.”
“Plows tearing up our front yard every winter. Also, homeowners not utilizing the pet leash law.”
“Property upkeep on rentals seems to go unnoticed. Deadbeat landlords need to have a wakeup call.”
“To enforce any type of outdoor property standard, it needs to be in place when the property is purchased and disclosed at the time
of sale. Any new standards should not retroactively affect existing homeowners unless legally changed as part of an HOA
meeting. That said, I believe standards that go above and beyond health and safety measures should be agreed upon and enforced
by HOAs. Let individual neighborhoods decide their aesthetic standards.”
Question 4
Do you think vehicles/trailers/RVs/boats, etc. should be allowed to be stored in driveways, side yards, and
along garages, or do you consider those items an eyesore and believe residents should be restricted to storing
items like this in the backyard only?
o I’m OK with driveways, side yards, and along garages (83 responses)
o These items should be limited to backyard outdoor storage only (26 responses)
o These items shouldn’t be allowed outside at all (11 responses)
Outdoor Storage
69.20%
21.70%
9.20%
Outdoor storage is OK inOutdoor storage should be limitedVehicles/RVs/boats/trailers etc.
driveways, side yards, along garagesto backyard onlyshouldn't be stored outside at all
Question 5
What is a reasonable limit for the number of vehicles/trailers/RVs/boats, etc. a homeowner should be able
to store outdoors? Please note the current code does not limit vehicle storage on proper surfaces.
o 2 48.3% (58 responses)
o 4 9.2% (11 responses)
o 8 1.7% (2 responses)
o No limit (leave the ordinance as is)35.8% (43 responses)
Question 6
When viewable from the street, is a tarp considered an acceptable covering for items being stored outside?
o Yes 40.8% (49 responses)
o No 40.0% (48 responses)
o Case by case basis 19.2% (23 responses)
Comments:
“A tarp is a temporary solution. It doesn't solve the long term issue. If it was covering a boat or something that's different.
Covering trash is unacceptable.”
“Depends on how long, what it’s covering and condition of the tarp and stored item.”
“It’s an eyesore for neighbors.”
“If storing a car or something temporarily for the winter, but not permanent storage.”
“If tidy and secure.”
“It depends on the condition on the tarp and what it is covering. If it is covering logs by a fire pit, that is acceptable. But if it is a
tattered covering a rusted out car that is 20 years old it is not acceptable.”
“OK for a short amount of time perhaps. Depending on how large the stored items are.”
“We have people in our neighborhood that have business equipment in their driveway. Shouldn't it be stored at their business?”
“Would depend on the amount being stored and the condition of the tarps being used.”
“Yes if tarp’s integrity is maintained.”
“A tarp in good shape, tied or strapped down well. Not a hideous color. Done in a way that it's not an eyesore.”
“Car under repair for a short time is OK.”
“Depends what is being covered, vehicles or boats yes, piles of garbage, no.”
“If someone needs a tarp to protect their property from damage what business is it of the city? If they are just covering a pile of
trash that is another story.”
“If tidy and secure.”
“Neat, clean, in good repair. No visible holes (defeats the purpose of covering something anyway).”
“Temporary, not long term.”
“You people need to worry about more important things.”
Question 7
When in the backyard, is a tarp considered an acceptable covering for items being stored outside?
o Yes 66.7% (80 responses)
o No 19.2% (23 responses)
o Case by case (please explain)14.2% (17 responses)
Comments:
“A cover, sure. A ratty, ineffective tarp shouldn’t be allowed.”
“A tarp is a temp solution for an issue. It doesn't solve the long term issue. I had a neighbor use a tarp and after a year it was
disintegrated and part of the trash problem.”
“If the presence of the tarp doesn't create a legitimate health or safety issue for others outside the property, then it's fine.”
“Lawn furniture during the winter, yes acceptable. General things being stored all year long, no not acceptable.”
“Temp storage only.”
“Not everyone can afford storage and so they need to take care of a limited number of items on their property.”
“Please leave boats and RVsalone, focus on people who have junk all over the yard, and don’t take care of the tall grass and
weeds.”
“Tarps used to cover trailers and boats are OK. Tarps used to cover old furniture, mattresses, junk or garbage is NOT ok.”
“The city should not interfere with a person’s personal property.”