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CC PACKET 11122019
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CC PACKET 11122019
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11/8/2019 1:22:14 PM
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11/7/2019 4:07:33 PM
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<br /> <br />The formal step for establishing the proposed change requires a public hearing to be held by <br />the Planning Commission, after which the Council can take up the ordinance for adoption. The <br />information below summarizes the materials considered and discussed by the Commission, and <br />as presented to the City Council workshop. The primary issues raised by the Commission were <br />the acceptable width of a private residential walkway, and the applicable setback. <br />As noted below, the Commission’s consensus was to allow an encroachment into the typical 5 <br />foot setback with a 3 foot wide walkway, and a minimum setback requirement of 1 foot. We <br />have cited some of the existing code language for reference, and highlighted the proposed <br />language in redline. <br /> <br />Sidewalks, Walkways, and Patios. <br />As the city has observed, and as was discussed as part of a Council application issue <br />recently, this item is rooted in lack of definition in the current Zoning Ordinance related <br />to private property improvements that can be confused with other improvements that <br />are both defined and regulated. Specifically, the zoning ordinance defines “Patios” as: <br />PATIO. A courtyard or other finished exterior ground surface open to the sky <br />constructed of rock, brick, concrete, stone, or similar materials and commonly <br />used for relaxation, socializing, or dining. <br />Patios are included in a list of private improvements that are required to meet a <br />minimum 5 foot setback from side and rear property lines. <br />Sidewalks or walkways are not defined, nor are they required to meet any particular <br />setback. As issue in the previous planning application was whether a paved concrete <br />pad was a walkway or a patio. Staff proposed an interpretation for the purposes of <br />dealing with the application in hand, but as noted by the Commission, the City would be <br />well served with better definitions and more complete standards. <br />Since the preparation of the original report materials, an issue has been raised related <br />to the language of the “Sidewalk” definition in its references to “pedestrians” and “non- <br />motorized wheeled traffic”. The comment voiced concern as to whether the definition <br />would create a potential problem for “pedestrians” who rely on adaptive wheeled <br />vehicles for mobility, such as wheelchairs or scooters, whether motorized or non- <br />motorized. <br />To address this concern, staff has updated the previous version of the definition to <br />specify that such vehicles, when used by persons with limited mobility, shall be <br />considered to be included in the term “pedestrian” for purposes of the code. The <br />additional text is italicized below to illuminate the specific additions made by the <br />Planning Commission’s discussion of the matter. <br />For reference, under statutory definitions (Mn Stat Section 169.011), the following <br />definitions relate to this issue in public areas: <br />Subd. 53. Pedestrian. “Pedestrian” means any person afoot or in a wheelchair. <br /> <br />16
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