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<br /> <br />.Affidavit of Publication <br /> <br />. <br /> <br />ORDINANCE 05 - 15 <br />CITY OF. ELK RIVER, <br />AN ORDINANCE OF THE CITY <br />OF ELK RIVER AMENDING <br />SECTION 30-(ll "DEFINIlI'IONS" <br />& SECTION 30-795 "YARD <br />REGULATIONS" OF THE CITY <br />CODE OF ORDINANCES <br />Case No. OA 05-08 <br />The City Council of the City of <br />Elk River does, hereby ordain as <br />follows: <br />Section 1. Section 30"01 titled <br />Definitions of the City of Elk <br />River Code of Ordi.nam:e$' shall <br />'beaQlended by amendiBl the fol- <br />lowing: <br />Yard, front, means a yard ~d- <br /> <br />STATE OF MINNESOTA ) <br />)ss. <br />COUN1Y OF SHERBURNE) <br /> <br />C) ~J 3m ~ , <br /> <br />being duly sworn, on oath says thWhe/she is the publisher <br />or authorized agent and employee of the publisher of the <br />newspaper known as the Elk River Star News, and has full <br />knowledge of the facts which are stated below: <br />A) The newspaper has complied with all the <br />requirements constituting qualification as a qualified <br />newspaper, as provided by Minnesota Statute 331A.02, <br />331A.07, and other apPlic2~ 1a,'Ys, as amended. _ <br />B) The printed 0LI7Mee t:) S - IS <br /> <br />. <br /> <br />ing along the full width of a front <br />lot line between side lot lines and <br />from the froht lot line to the near- <br />el3t building line in depth. On a <br />corner lot, the front yard shall be <br />on each I3treet, with the rear yard <br />being opposite, the address side: <br />(See figure A at the end of this <br />section.) <br />Yard, rear, means a yard extend- <br />ing along the full width of a rear <br />lot line (opposite the addressed <br />side) between side lot lines and <br />from the rear lot line to the near- <br />est building line in depth. (See <br />figure A at the end of this section.) <br />In determining' the depth of the <br />rear yard for any building where <br />the rear yard opens into an alley, <br />one-half the width of the alley, but <br />not, exceeding ten feet, may be <br />considered as a portion of the rear <br />yard. <br />Yard, side, means a yard extend- <br />ing from the front yard to the rear <br />yard and lying between ,the side <br />lot line and the nearest principal <br />building line or detached acces- <br />sory building line. (See figure A at <br />the end of this section.) <br />Lot Diagram, Exhibit A <br />and by adding the following: ' <br />Yard, garage side, means a yard <br />extending from the front yard to <br />the rear yard and lying between <br />the side lot line and the nearest <br />attached accessory building line. <br />(See · figure A at the end of this <br />section.) <br />Section 2. Section 30-795 titled <br />Yard Regulations of the City of Elk <br />River Code of Ordinances shall be <br />amended by replacing the existing <br />with the following: <br />(7) Retaining walls, structures <br />or portion of structures (including <br />cantilevers) shall not be located <br />within any easement. With the <br />exception ,of zero lot line struc- <br />tures, no structure. or portion of <br />a structure shall be closer than <br />(3) three feet to~y property line. <br />The following i~1llS yqyproject <br />into the requi.J'~'OOt, side, and <br />rear yard setbaCks 8$ specified: <br />a. Front yard. <br /> <br />1. . Cantilevered bay windowll <br />(including eave overhang), balco- <br />nies, eave overhangs and canti- <br />levered chimney chases (without <br />foundations) may project (2) two <br />feet or less into the required set- <br />back. <br />. 2. Egress window wells (includ- <br />ing the structure of the well) may <br />project (4) fourf~tor less into the <br />required setback. <br />3. An uncovered landing, stair, <br />ramp or stoop may extend into t~e <br />required setback a maximum dIS- <br />tance of (6) ,six feet, if the landing, <br />stair, ramp or stoop has ,a floor no <br />higher than the entrance floor of <br />the building. <br />4.,.Air conditioning units, exclud- <br />ing window units, shall not be <br />located in required front yards. <br />, b. Side/Garage side yard <br />1. Eave' overhangs may proj- <br />ect (2) two feet or less into the <br />required setback. , . . <br />2. Egress window wells (includ- <br />ing the structure 9f the well) may, <br />project (4) four feet or less into the <br />required setback. <br />c.Rear yard <br />L Cantilevered pay windows <br />(including eave. overhang),balco- <br />nies, eave overhangs and canti- <br />levered chimney chases {without <br />foundations) may project (2) two <br />feet or less into the required set- <br />back. <br />2. Egress window wells (includ- <br />ing the structure of the well) may <br />project (4) four feet or less into the <br />required setback. <br />Section 3. That this ordinance <br />shall take effect upon publication <br />as provided by law. <br />Passed and adopted by the City <br />youn~il of the' City of Elk River <br />this 20th day of <br />June, 2005 <br /> <br />(3) Rate actually charged for the <br />above matter <br /> <br />which is attached was cut from the columns of said <br />newspaper, and was printed and published once each <br />week, for I succe~~ive weeks; it was first published <br />on Wednesday, the OlC.l'th day of 0u/l~ , <br />20 65 , and was thereafter printed and published every <br />Wednesday to and including Wednesday, the <br />day of ,20_; and printed below <br />is a copy of the lower case alphabet from A to Z, both <br />inclusive, which is hereby acknowledged as being the size <br />and kind of type used in the composition and publication <br />of the notice. <br /> <br />a b c d e fg h ij k 1 m n 0 p q r s t u v w x y z <br /> <br />BY:~ <br />TITLE: Eol,'+{)~ <br /> <br />Subscribed and sworn to before me on this ....zq-Ji. day of <br />~e. , 20 oS- . <br /> <br />Lowest classified rate pai <br />commercial users for comparable space $ <br />Maximum rate allowed by law for <br />the above matter <br /> <br />(1) <br /> <br />Lj 71. t'4 <br />$/9't . (JO <br />$ Ie; 9. CrD <br /> <br />. <br /> <br />(2) <br />