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As noted below, the Commission’s consensus was to allow an encroachment into the typical 5 foot setback with a 3 foot wide walkway, and a minimum setback requirement of 1 foot. We have cited some of the existing code language for reference, and highlighted the proposed language in redline. Sidewalks, Walkways, and Patios. As the Planning Commission has observed, and as discussed as part of a Council application issue recently, this item is rooted in lack of definition in the current Zoning Ordinance related to private property improvements that can be confused with other improvements that are both defined and regulated. Specifically, the zoning ordinance defines “Patios” as: PATIO. A courtyard or other finished exterior ground surface open to the sky constructed of rock, brick, concrete, stone, or similar materials and commonly used for relaxation, socializing, or dining. Patios are included in a list of private improvements that are required to meet a minimum 5 foot setback from side and rear property lines. Sidewalks or walkways are not defined, nor are they required to meet any particular setback. As issue in the previous planning application was whether a paved concrete pad was a walkway or a patio. Staff proposed an interpretation for the purposes of dealing with the application in hand, but as noted by the Commission, the City would be well served with better definitions and more complete standards. Since the preparation of the original report materials, an issue has been raised related to the language of the “Sidewalk” definition in its references to “pedestrians” and “non- motorized wheeled traffic”. The comment voiced concern as to whether the definition would create a potential problem for “pedestrians” who rely on adaptive wheeled vehicles for mobility, such as wheelchairs or scooters, whether motorized or non- motorized. To address this concern, staff has updated the previous version of the definition to specify that such vehicles, when used by persons with limited mobility, shall be considered to be included in the term “pedestrian” for purposes of the code. The additional text is italicized below to distinguish it from the original version. For reference, under statutory definitions (Mn Stat Section 169.011), the following definitions relate to this issue in public areas: Subd. 53. Pedestrian. “Pedestrian” means any person afoot or in a wheelchair. Subd. 93. Wheelchair. For the purposes of this chapter, "wheelchair" is defined to include any manual or motorized wheelchair, scooter, tricycle, or similar device used by a disabled person as a substitute for walking.