7.10. SR 09-18-1995~~r ~~
ITEM 7.10.
'ty of ~~ MEMORANDUM
l~ ~ TO: Mayor & City Council
River
FROM: Gary Schmitz, Planning Assistant
DATE: September 18, 1995
SUBJECT: Ordinance Amendment Request by the
City of Elk River, Public Hearing
Case No. OA 95-10
The City of Elk River is requesting an ordinance amendment which would
add a five foot driveway setback from the side and rear property lines in
single family zoning districts.
Attachments
Ordinance 95-
July 25, 1995, Memo to the Planning Commission
• August 22, 1995 Memo to the Planning Commission
Background
Over the past few years, staff has been aware of a potential problem related
to driveway setbacks with the Elk River City Code. The existing ordinance
currently allows a driveway to be placed anywhere on the property, including
directly on the property line. This standard has led to some problems
between neighbors over the years. In response to this potential land use
conflict, staff is proposing a minor five foot driveway setback for all single
family zoning districts in an effort to provide some separation of driveways
and neighboring property boundaries. The amendment would also aid in
keeping driveways outside the five foot side yard drainage and utility
easements which is common on most platted parcels. When a driveway is
placed within the five foot drainage and utility easement, at times a drainage
problem may result as water from an adjacent parcel can be channeled
directly onto a neighboring property. The attached memos to the Planning
Commission explain this request in detail.
Planning' Commission Meeting'
At the July 25, 1995, Planning Commission meeting, the Commission
requested additional information regarding what other cities have for
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• driveway setbacks and also considered defining driveway to help further
clarify the setback issue. At the August 22, 1995, Planning Commission
meeting, it was the consensus of the Commission that a driveway setback
definition would not be necessary and the Planning Commission approved
the ordinance amendment request for a five foot side and rear yard setback
for driveways in the single family zoning districts.
Recommendation
Staff and the Planning Commission recommend approval of the Code
amendments as proposed in the attached ordinance.
counci1:0A95-102
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• ORDINANCE 95-,
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 924.24
OF THE CITY OF ELK RIVE CODE OF ORDINANCES
RELATING TO PARKING & LOADING REGULATION
(CASE NO. OA 95-10)
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.24 of the City of Elk River Code of Ordinances
is herby amended to add the following section:
Section 900.24 (4)(c)(13)(C)(xiii) - In single family residential
zoning districts no driveway or parking area shall be located
within five (5) feet of a side or rear property line.
Passed and adopted by the Elk River City Council this 18th day of
September, 1995.
• Attest:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
.7
s:document:ordinance:oa95-10
~~~ `~
'ity of ~
lk~ •
River
TO:
FROM:
DATE:
ITEM 5.9.
MEMORANDUM
Planning Commission
Gary Schmitz, Planning Assistant ~~
August 22, 1995
SUBJECT: Ordinance Amendment Request by
the City of Elk River, Public Hearing
Case No. OA 95-10
Request
The City of Elk River is requesting an ordinance amendment which would
add a 5' driveway setback from side and rear property lines in single family
zoning districts. The amendment may also includes adding a definition of
"driveway".
• Attachments
• Ordinance 95-
• July 25, 1995 memo to the Planning Commission
• Survey of other communities driveway setbacks
Analysis
At the July 25, 1995 Planning Commission meeting, an ordinance
amendment concerning a 5' driveway setback was reviewed and continued
until the August 22, 1995 Planning Commission meeting. The Planning
Commission requested additional information regarding what other cities
have for driveway setbacks and a definition of driveway to help further
clarify this issue. Attached for your review is a survey of other cities'
driveway setback standards. As you can see, most require a 5' driveway or
greenspace setback.
In my research of other cities' ordinances I could not find any city which had
a definition of driveway. If the Planning Commission believes a definition of
"driveway" is necessary, the following is suggested:
• Driveway. An improved surface used for the parking of motor vehicles.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
As a point of clarification, an improved surface has been interpreted as a
dust-free all-weather surface which does include Class 5.
The rationale for the 5' driveway setback which was alluded to in the July
25, 1995 memo the Planning Commission is to keep a minimal buffer strip
around the property and also, to keep driveways outside of drainage and
utility easements. When a driveway is placed within a drainage and utility
easement, at times a drainage problem may result as water from an adjacent
parcel can be directed on a neighboring property. Keeping driveways outside
of the drainage and utility easements will also help if maintenance is
required in the easement area, and a portion of the driveway needs to be
removed, by limiting disputes as to who has to replace the driveway.
This ordinance amendment is mainly directed toward newly constructed
driveways and should not cause a hardship for most parcels, due to the fact
that the great majority of the driveways in Elk River already meet a 5' side
and rear lot setback. However, the driveway setback may lessen the
potential land use conflicts for the few driveways that are proposed to be
constructed very close to or on the side or rear lot lines.
Recommendation
• Staff recommends that the Plannin Commission recommend approval of the
g
code amendments as proposed in the attached ordinance.
s: PLANNING:PC:OA95-10
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r 1
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DRIVEWAY SETBACKS
CITY DRIVEWAY SETBACK
1. Blaine 3'
2. Monticello 3'
3. Brooklyn Park 5'
4. Zimmerman N/A
5. Lakeville 5'
6. Maple Grove 5'
7. Woodbury 5'
8. Champlin 5'
9. Shakopee 5'
10. Ramsey 3'
s:planning:driveway
r ~~ _ _
ITEM 5.5.
ity of MEMORANDUM
~~~ • 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 95-10.
Request
The City of Elk River is requesting an Ordinance Amendment which would
add a 5-foot driveway setback from side property Lines for all zoning districts.
Attachments
Ordinance 95-
• Analysis
Over the past few years staff has been aware of a potential problem related to
driveway setbacks with the Elk River City Code. The existing Ordinance
currently allows a driveway to be placed anywhere on the property, including
directly on the property line. This standard has led to some problems over
the years between neighbors. In response to this potential land-use conflict,
staff is proposing a minor 5-foot driveway setback for all zoning districts, in
an effort to provide some separation of driveways and neighboring property
boundaries. The Amendment would also aid in keeping driveways outside
the 5-foot side-yard drainage and utility easements, which is common on
most platted parcels. When a driveway is placed within the 5-foot drainage
and utility easement, at times, a drainage problem may result, as water from
an adjacent parcel can be directed directly on a neighboring property.
A recent survey of several other communities confirms that most require
some driveway setback standards varying between 3 and 10 feet. However,
most cities require a 5-foot driveway setback. This Ordinance Amendment
should not cause a hardship for most parcels, due to the fact that the great
majority of the driveways in Elk River do meet a minimum 5-foot side-lot
• setback standard. However, it may lessen the potential land-use conflict for
the few driveways that actually are constructed very close to, or on, the side-
lot line.
S: Planning/oA95-10
li06~ Orono Parkway • P.O. Box 490 • Elk River. MN X5330 • (612) 441-7420 • Fat: i612~ 441-7425
Memo To The Planning Commission
July 25, 1995
_ Recommendation
Page 2
Staff recommends the Planning Commission recommend approval of the Code
Amendment as proposed in the attached Ordinance.
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S: Planning/OA95-10