Minutes - Council - 11/09/1995 - Joint with Planning Commission

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the classification of the roadway plus the local ordinance requirement. In June 1995, the Planning Commission recommended that the policy be modified to require the setback to be 83 feet from the centerline of the fight-of-way or the local zoning requirement, whichever is greater. Mr. Jankowski explained that the actual difference between these two policies affects only those county roadways where the fight-of-way is less than 120 feet, and he pointed out those areas on a map. Commissioner Deemer agreed that what Mr. Jankowski stated is correct to a point. Commissioner Deemer stated that the phrase in the zoning code which is objectionable to the Planning Commission CiI0 feet from the centerline or 50 feet from right-of-way line, whichever is greater") was inserted into the code somewhere between 1987 and 1989, but not by the Planning Commission. Zoning Adminislxator Frolik stated the phrase is included in the 1986 version of the City Code. Commissioner Deemer asserted that the Planning Commission did not add it. He explained that when the Planning Commission originally established the 50-foot setback from cou~n~roads, C.R. #5 and #57 had --,-- ,:,: ~,~-.~ .4 ,u ~_~.~,_,. ....... · .... -'~ - -- .... for ~xpa:.slen. Now, most of the county roads are expanded as far as they ever will be, yet we still have the setback. Commissioner Deemer noted that the most requested item of the Board of Adjustment is a variance from that setback. Commissioner Hendriksen referred specifically to C.R. #56, stating that the County chose not to purchase 120 feet of right-of-way because they didn't want to spend the money. He went on to state that the County chose not to put the road in the middle of the right-of way when they built it, yet the County advises that the setback be from the centerline of the road. Commissioner Hendriksen stated that citizens need to be protected from this kind of taking of private property. He advised that any time the language says "from the centerline" instead of "from the center of the right-of-way," the City should oppose it. Mayor Hardin inquired if there are two issues, setback and right-of-way. Commissioner Hendriksen stated that they are essentially the same thing. Commissioner Dee~ reported that the intent is not to limit the County's right to expand to 120 feet. He explained the Planning Commission's original motion to modify the setback, and he submitted an outline comparison (attached to these minutes as Exhibit A) of Ramsey's current setback requirements, the proposed setback requirements, and the County's guidelines. Commissioner Deemer explained the problem is that even if the County has right-of-way wider than 120 feet, the City still has a setback of 50 feet which is 30 feet more than some local zoning ordinances require. Mayor Hardin inquired what the setback should be from the edge of the right-of-way. Commissioner Deemer stated it shouldn't be more than any place else; 35 feet in the urban and 40 feet in rural for a front setback. Mr. Jankowski advised that the County's recommendation is the recommended right-of-way plus the local zoning setback. Commissioner Hendriksen, referring again to situations such as C.R. #56, inquired how much is reasonable to take from people without compensation. Mr. Jankowski stated that the County only owns what they own and cannot go beyond that fight- of-way. City Council-Planning Commission/November 9, 1995 Page 2 of 5