9.10. SR 08-21-1995,~ r ~~
~~
ity of ~~
lk •
River
TO:
FROM:
DATE:
ITEM 9.10
MEMORANDUM
Mayor and City Council
Gary Schmitz, Planning Assistant CG~~
August 21, 1995
SUBJECT: Ordinance Amendment Request by the
City of Elk River, Public Hearing Case
No. OA 95-12
Request
The City of Elk River has requested an ordinance amendment which would
allow attached garages to be located within 5 feet of side property boundaries
in city-sewered single family residential zoning districts.
• Attachments
• Ordinance No. 95-
• July 25, 1995 memo to the Planning Commission
Background
The City of Elk River currently requires that attached garages meet a ten
foot side yard setback in all city-sewered single family residential zoning
districts. However, detached garages are allowed within 5 feet of the side lot
line. Staff is proposing an ordinance amendment which would allow
attached garage area to also meet a five foot side yard setback in the Rlb,
R1c, and the Rldeity-sewered zoning districts.
Benefits of a five foot garage side setback include the fact that it would allow
flexibility in locating a home on a parcel and also allow a larger home with a
three car garage, which has become standard, to be constructed on a lot and
still conform to the existing setbacks. On a typical city-sewered lot with 80
feet of frontage, it is, in certain instances, difficult to locate a desirable home
and garage on the parcel and conform with all the structure setbacks.
Therefore, a five foot side yard setback for garages would allow for some
additional flexibility in locating a home on some of these urban lots.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Ordinance Amendment, Case No. OA95-12 Page 2
August 21, 1995
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• A five foot garage side setback is currently allowed in certain PUD zoned
subdivisions such as Hillside Estates and Deerfield 4th. Staff is not aware of
any problems which have arisen with the decreased garage side yard setback.
An informal survey of home builders has indicated they support the reduced
setback. The attached report to the Planning Commission explains this
request in detail.
Planning Commission Meeting
At the July 25, 1995 Planning Commission meeting, the Commission
concurred with staff's findings and recommended approval of the ordinance
amendment.
Recommendation
Staff and the Planning Commission recommend approval of the code
amendment as proposed in the attached ordinance.
•
•
s:council:oa95-12
,~ r ~~
ITEM
_ MEMORANDUM
pity of ~/
lk ~ TO: Planning Commission
River
FROM: Gary Schmitz
Planning Assistant
DATE: July 25, 1995
SUBJECT: Ordinance Amendment request by
the City of Elk River, Public Hearing
Case No. OA 95-12.
Reauest
The City of Elk River has requested an Ordinance Amendment, which would
allow attached garages to be located within 5 feet of side property boundaries
in city-sewered single-family residential zoning districts.
Analvsis
The City of Elk River currently requires that attached garages meet a 10-foot
side-yard setback in all single-family city-sewered residential zoning
districts.. However, detached accessory buildings in city-sewered areas are
allowed within 5 feet of a side lot line. In several PUD .subdivisions (ie.
Deerfield 3rd & 4th, and Hillside Estates) side-yard setbacks for attached
.garages are allowed to extend within 5 feet of the side property line. The
rationale on why this was allowed in these subdivisions, is that a 5-foot side-
yard setback for attached garages would allow a homeowner flexibility when
locating a home on a wooded parcel, so that an effort can be made to save as
many existing trees as possible. Staff would like to implement this same
reasoning on all single-family city-sewered properties. This Amendment
. would allow future and existing homeowners the flexibility to locate their
home on the best possible location on the lot. It is important to remember
that this amendment would only allow the attached garage to encroach to
within 5 feet of the lot line. Habitable space of a home would still be required
to meet a 10-foot setback.
Attached/Detached
The existing Ordinance currently allows a detached accessory structure to be
placed within 5 feet of the side property line. Attached garages, however,
have to meet a 10-foot side-yard setback. An argument can be made that the
land-use impact of a detached garage versus an attached garage are very
• similar. It is staffs opinion, that a 5-foot attached garage setback would
S: Planning/OA95-12
N0. 5.7.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo To The Planning Commission
July 25, 1995
Page 2
allow the flexibility to place a home on the most convenient location on the
. property and still provide a minimum separation with the neighboring
garage of 10 feet.
A recent survey of several different communities shows that a 5-foot garage
side-yard setback is very common in city-sewered single-family residential
zoning districts. Staff is proposing to add language which would allow a 5-
foot attached garage side-yard setback in the R1B, R1C, and R1D city-
sewered zoning districts.
Recommendation
Staff recommends the Planning Commission recommend approval of the Code
Amendments as proposed in the attached Ordinance.
~_
A
•
S: Planning/OA95-12
ORDINANCE 95-
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.18 (1)
OF THE CITY OF ELK RIVE CODE OF ORDINANCES
RELATING TO STRUCTURE SETBACKS
(CASE NO.OA 95-12)
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.18 (1) of the City of Elk River Code of
Ordinances is herby amended to read as follows:
See attached Exhibit A
Passed and adopted by the Elk River City Council this 21st day of August,
1995.
Henry A. Duitsman, Mayor
Attest:
Sandra A. Thackeray, City Clerk
•
s:document:ordinance:oa9512
E,~~~fT A
900.18 - SCHEDULE OF DIMENSIONAL REGULATIONS
1. PERMITTED USES
Minimum Lot Building Setbacks Maximum Lot Maximum
Requirements Front Side Garage Rear Coverage Heights
Side
Ail 10 Acres 50' 25' 25' S0' 20 percent 3 Floors
[1] Non-Sewered 300' Width or 40'
R-la
Non-Sewered 2-1/2 Acres 35' 20' 20' 30' 25 percent 3 Floors
160' Width or 40'
R-lb
[2] Non-Sewered 1 Acre 35' 10' 10' 20' 25 percent 3 Floors
160' Width or 40'
Note: Interior side yard setback from future lot line 10 feet
Sewered 12,000 sq. ft. 35' 10' S' 15' 25 percent 3 Floors
80' Width or 40'
R-1c
[2] Sewered 10,000 sq. ft. 30' 10' S' 10' 25 percent 3 .Floors
80' Width or 40'
R-ld
Sewered 14,000 sq. ft. 35' 10' S' 30' 25 percent 3 Floors
90' Width or 40'
R-le
Sewered 20,.000 sq. ft. 35' 10' 10' 30' 25 percent 3 Floors
100' Width or 40'
R-2a
[2,3] Duplex Sewered 6,000 sq. ft. 30' 10' 10' 10' 30 percent 3 Floors
60' Width or 40'
R-2b
[2,3;4] Townhouse 5,500 sq. ft
Sewered
20' Width
30' 10' 10' 10' 30 percent 3 Floors
or 40'
R-3
[2,3,4,5] Townhouse 4,500 sq, ft
& Other
• Multifamily Sewered 20' Width
30' 10' 10' 25' 30 percent 3 Floors
or 40'
9.49