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• <br /> As a point of clarification, an improved surface has been interpreted as a <br /> dust-free all-weather surface which does include Class 5. <br /> The rationale for the 5' driveway setback which was alluded to in the July <br /> 25, 1995 memo the Planning Commission is to keep a minimal buffer strip <br /> around the property and also, to keep driveways outside of drainage and <br /> utility easements. When a driveway is placed within a drainage and utility <br /> easement, at times a drainage problem may result as water from an adjacent <br /> parcel can be directed on a neighboring property. Keeping driveways outside <br /> of the drainage and utility easements will also help if maintenance is <br /> required in the easement area, and a portion of the driveway needs to be <br /> removed, by limiting disputes as to who has to replace the driveway. <br /> This ordinance amendment is mainly directed toward newly constructed <br /> driveways and should not cause a hardship for most parcels, due to the fact <br /> that the great majority of the driveways in Elk River already meet a 5' side <br /> and rear lot setback. However, the driveway setback may lessen the <br /> potential land use conflicts for the few driveways that are proposed to be <br /> constructed very close to or on the side or rear lot lines. <br /> • Recommendation <br /> Staff recommends that the Planning Commission recommend approval of the <br /> code amendments as proposed in the attached ordinance. <br /> • <br /> s:PLANNING:PC:OA95-10 <br />