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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 Plannin Commission recommend approval of the <br />g <br />code amendments as proposed in the attached ordinance. <br /> <br />s: PLANNING:PC:OA95-10 <br />