HomeMy WebLinkAbout2010-008 Council Ordinances1st Reading: June 14, 2010
Publication: grill y h,
2010
2"' Reading: T,,,,o 2R 2na n
Effective: August 5,
2010
Council Member o' Donnell moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 08-10
AN ORDINANCE AMENDING THE ZONING ORDINANCE IN REGARDS TO
ACCESSORY BUILDINGS AND STRUCTURES.
Section 1 Findings
Section 2, Subdivision 1of the Zoning Ordinance requires consideration of
possible adverse effects of a proposed zoning amendment and that the judgment
of a proposed amendment to the Zoning Ordinance shall be based upon, but not
limited to, the following factors:
1. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
Accessory Buildings and Structures are currently allowed by the
zoning ordinance, and the changes included in this ordinance are
not inconsistent with the current Comprehensive Plan or the draft
2030 Comprehensive Plan.
2. The proposed use is or will be compatible with present and future land
uses of the area.
Accessory Buildings and Structures are currently allowed by the
zoning ordinance, and the changes included in this ordinance will
not cause compatibility issues with present or future land uses in
the city.
3. The proposed use conforms with all performance standards contained
herein.
This ordinance establishes performance standards for the uses
known Accessory Buildings and Structures.
4. The proposed use can be accommodated with existing public services and
will not overburden the City's service capacity.
The Accessory Buildings and Structures subsection of the zoning
ordinance will not have an effect on the City's public services.
5. Traffic generation by the proposed use is within capabilities of streets
serving the property.
The Accessory Buildings and Structures subsection of the zoning
ordinance will not have an effect on the City's street system.
The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning
Ordinance amendment on May 12, 2010, and recommended approval.
Section 2 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that Section 1, Subdivision 2 of the
Zoning Ordinance is hereby amended as follows (deleted text in etrikcout, added
text in underline) and subsequent elements within the subdivisions shall be
renumbered as appropriate:
Sport Court. An outdoor facility that typically includes a paved playing
surface for one or more sport activities such as, but not limited to, tennis,
basketball hockey, or volleyball.
Farm Agricultural Building. An accessory building designed,
constructed, used i
or ntorrtondodndod to house farm implements or agriculture
areas, as defined by this Chapter, on an active farm operation of more
than twenty (20) acrce agricultural lands as defined by State Statute
273.12, Section 23, as amended. A Minnesota Pollution Control Agency
Permit may be required.
Section 3 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that Section 3, Subdivision 4.D of the
Zoning Ordinance is hereby repealed and replaced with the following (added text
in underline) and subsequent elements within the subdivisions shall be
renumbered as appropriate:
D. Accessory Buildings and Structures.
1. General Provisions.
a. No accessory building or use shall be constructed or
developed on a lot prior to the time of construction of the
principal building to which it is accessory , except in the case
of agricultural buildings on agricultural land as defined by
State Statute 273.13, Section 23, as amended.
b. A building or portion thereof used for an accessory use,
other than home occupation, shall be considered as an
accessory building.
c. No detached accessory building shall be closer to the front
lot line than the principal building or its attached garage
except within the R, R -X, and R -BR Zoning Districts,
provided the accessory building is set back at least one
hundred (100) feet from the street right-of-way.
d. Setbacks for accessory buildings in all districts shall be
determined in accordance with appropriate district
provisions. Location of said accessory buildings shall not
interfere with the future subdivision of the property.
e. A garagc in residential districts shall not be utilized for
seventy five
(11,075)
pounds.
f. Accessory structures may be constructed within public and
private utility and drainage easements provided that:
1) No accessory structure shall be located within a
drainage or utility easement without written
permission of the Zoning Administrator and the filing
of an encroachment agreement.
2) No footings or foundation shall be placed within the
easement.
3) The entire structure, including any base material,
must be designed to be easily moved if deemed
necessary by the city.
4) Removal of an accessory structure or portion thereof
for the purpose of utilizing the easement shall be at
the property owner's expense.
f In Rural and Residential districts, Gazebos that are attached
to the dwelling by a raised deck, porch, or patio shall not be
counted towards the maximum area or number of accessory
structures allowed on a site, so long as the sides of the
gazebo remain at least 50% open, though the open areas
may be covered with screens.
g. In Rural and Residential districts, Fabric structures are
considered an accessory structure and are therefore
counted towards the maximum area and number of
accessory structures allowed on a site.
2. Sport Courts. In all Rural and Residential districts, the following
standards shall apply to outdoor sport courts, whether temporary or
permanent:
a. A building permit shall be required for all private residential
and commercial sport courts.
b.
sport courts.
c. An application for a building permit or a conditional use
permit shall include a site plan showing the following along
with all required information:
1) The size, shape, pavement and sub -pavement
materials.
2) The location of the court.
3) The location of the house, garage, fencing, septic
systems and any other structural improvements on
the lot.
4) The location of structures on all adjacent lots.
5) A grading plan showing all revised drainage patterns
and finished elevations at the four corners of the
court.
6) Landscaping and turf protection around the court.
7) Location of existing and proposed wiring and lighting
facilities.
c.d- Sport courts shall not be located closer than ten (10) feet to
any side and rear lot line. Sport courts shall not be located
within any required front yard or side yard abutting a street.
d.e- Sport courts shall not be located over under -ground utility
lines of any type, nor shall any court be located within any
private or public utility, walkway, drainage or other
easement.
e# Solid sport court practice walls shall not exceed ten (10) feet
in height. A building permit shall be required for said walls.
Said walls shall be set back a minimum of thirty (30) feet
from any lot line.
f.g: Chain link fencing surrounding the sport court may extend up
to twelve (12) feet in height above the sport court surface
elevation.
Lighting for the sport court shall be directed toward the sport
court and not toward adjacent property. Lighting shall meet
the requirements of Section 3, Subdivision 4.F.
3. Swimming Pools. No Changes
4. Houseboats. No Changes
5. Ice Fishing Houses. No Changes
6. Docks and Boat Launches. No Changes
7. Roadside Stands. No Changes
8. Domestic Animal Shelters. No Changes
9. Rural and Residential Zoning District Accessory Buildings. The
following summarizes the maximum number, size, and height of
accessory buildings allowed in an individual parcel according to lot
size and residential district. For the purposes of this section, lot size
for metes and bounds properties shall include roadway easements.
a. Twenty (20) Acres or Greater. (R, R -X, R -BR, R-1, R -1X, R -
EC, and PSP Districts)
1) No maximum combination of accessory building(s)
and garage(s) size requirement.
2) Metal buildings and pole barns acceptable.
3) Fabric or vinyl canopy structures acceptable.
413-) No maximum height requirement.
514) One (1) attached garage not to exceed one thousand
two one hundred twenty (1,4200) square feet or equal
to the size of the house foundation, whichever is
greater.
b. Ten (10) to Less than Twenty (20) Acres. (R, R -X, R -BR, R-
1, R-1 X, R -EC, and PSP Districts)
1) The combination of accessory building(s) and
garage(s) shall not exceed fivc thousand (5,000)
square feet. the greater of:
a. ten thousand (10,000) square feet, or
b. 1.85% of the lot area, not to exceed fifteen
thousand (15,000) square feet.
2) Total allowable accessory building space shall be
limited to the following:
a. One (1) attached garage and
b. Three (3) Two (2) detached accessory
structures.
3) Metal buildings and pole barns acceptable.
4) Fabric or vinyl canopy structures acceptable.
.514)
One (1) Aattached garages sh-all not to exceed one
thousand two ene hundred twenty (1,1-200) square
feet or equal to the size of the house foundation,
whichever is greater.
Building height shall not exceed base district
requirement.
c. Five (5) to Less than Ten (10) Acres. (R, R -X, R-1, R -1X, R -
EC, and PSP Districts)
1) The combination of accessory buildings and garages
shall not exceed
square feet. the greater of:
a. five thousand (5,000) square feet, or
b. 2.21% of the lot area, not to exceed ten
thousand (10,000) square feet.
.
2) Total allowable accessory building space shall be
limited to the following:
a) One (1) attached garage and
b) Three (3) Two (2) detached accessory
structures.
3) Metal buildings and pole barns acceptable.
4) Fabric or vinyl canopy structures acceptable.
One (1) Aattached garages shall not to exceed one
thousand two one hundred twenty (1,1-200) square
feet or equal to the size of the house foundation,
whichever is greater.
Building height shall not exceed base district
requirement.
d. Two and One Half (2 1/2) Acres to Less Than Five (5) Acres.
{R, R X, R BR, R 1, R 1X, R EC, and PSP Districts)
1) The combination of accessory buildings and garages
shall not exceed three thousand six hundred (3,600)
square feet.
PI •--
- . - -...II/
limited to the following:
.-_
=
c. Onc and One Quarter (1 1/4) Acres to Two and One Half (2
1/2) Acres (R, R X, R 1, R 1X, R EC, R 2, R 3, R 4, R 6,
and R 7 Districts)
1) The combination of accessory buildings and garages
shall not exceed two thousand twenty (2,020) square
feet:
2) Total allowablc accessory building space shall bo
limited to the following:
a) Onc (1) attached garage and
b) Two (2) detached accessory structures
- - - -
hundred twenty (1,120) square fcct or equal to ninety
(90) perccnt of the sizc of the house foundation,
whichever is grcatcr.
4)4e—metal sheet/panel siding with vertical orientation
is acceptable.
5) Twenty four (24) feet maximum height.
6) Roof and exterior color and material compatible with
home (exccpt manufactured metal tool shed).
7) Lots that have shared ownership/membership in the
Lino Airpark may have a three thousand two hundred
(3,200) square foot accessory building as an airplane
hangar provided that:
b.) The hangar conform to Building Codc
standards for hangar use.
to the Lino Airpark runway.
d.€ Less than One and One Quarter Five Acres. (R, R -X, R-1,
R -1X, R -EC, R-2, R-3, R-4, R-6, R-7, and PSP Districts)
1) The combination of accessory buildings and garages
shall not exceed one thousand two hundred (1,200)
cquarc fcctthe greater of:
a. one thousand two hundred (1,200) square feet,
or
b. 3.75% of the lot area, not to exceed five
thousand (5,000) square feet.
2) Total allowable accessory building space shall be
limited to the following:
a) One (1) attached garage and one (1) detached
structure, or
b) Two (2) detached accessory structures.
3) One (1) Aattached garages shall not to exceed one
thousand two ene hundred twenty (1,4200) square
feet or equal to ninety (90) percent of the size of the
house foundation, whichever is greater.
4) Twenty (20) foot maximum height.
5) No metal sheet/panel siding with vertical orientation
except upon tool sheds less than one hundred fifty
(150) square feet in area. Metal horizontal lap siding
is acceptable.
6) Fabric or vinyl canopy structures acceptable.
Z163
Roof and exterior color and material compatible with
home (except manufactured tool shed).
Lots that have shared ownership/membership in the
Lino Airpark may have a three thousand two hundred
(3,200) square foot accessory building as an airplane
hangar provided that:
a) The hangar be earth tone in color.
b) The hangar conforms to Building Code
standards for hangar use.
c) The hangar location has direct taxiway access
to the Lino Airpark runway.
Section 4 Zoning Ordinance and City Code Stand As Amended
As above amended, the Zoning Ordinance shall stand as initially passed and
previously amended. As above amended, the City Code shall stand as initially
passed and previously amended.
Section 5 In Effect According to City Charter
This ordinance shall be in force and effect from and after its passage and
publication according to the Lino Lakes City Charter.
Jeff Rein: rt, ayor
Attest: Julianne Bart- II. Clerk
Adopted by the Lino Lakes City Council this 28th day of June, 2010.
The motion for the adoption of the foregoing ordinance was duly seconded by
Council Member Roeser and upon a vote being taken thereon, the
following voted in favor thereof:
O'Donnell, Roeser, Rafferty, Gallup, Reinert
The following voted against same:
\ereupon said ordinance was declared duly passed and adopted.
AGENDA ITEM 6.B.
STAFF ORIGINATOR: Paul Bengtson
CC MEETING DATE: June 28, 2010
TOPIC: i. Second Reading of Ordinance 08-10
Amending the Accessory Buildings and
Structures requirements of the Zoning
Ordinance
ii. Resolution No. 10-57
Summary of Ordinance 08-10 for publication
BACKGROUND
At the June 14, 2010 meeting, the City Council approved the first reading of
Ordinance 08-10. This ordinance will amend the Zoning Ordinance in regard to
Accessory Structures and Buildings, increasing the allowances for many
properties based on the size of the property. Other amendments to the
ordinance include clarification of how the ordinance is and will be enforced.
ANALYSIS OF SECTION 4 : ACCESSORY BUILDINGS AND STRUCTURES
SUBDIVISION D.1:GENERAL PROVISIONS:
Amendments have been proposed to address agricultural buildings to reflect
state statutes, to allow business activities in garages, to allow fabric/vinyl
canopies under certain conditions, and to account for gazebos attached to
dwellings via decks.
SUBDIVISION D.2: SPORTS COURTS:
The proposed amendment will revise the language regarding sports courts to
clearly define them as exterior only, as was interpreted by staff and confirmed by
the City Council in 2009.
SUBDIVISON D.9 : RURAL AND RESIDENTIAL ACCESSORY BUILDINGS:
AREA ALLOWANCE ANALYSIS:
The draft ordinance proposes a simplification of the ordinance, while granting
properties a more equitable allowance of accessory building area. The proposed
ordinance has minimum allowances, percentage of lot size allowed, and a
maximum allowance.
Property Size
Minimum Area
Allowed
or
Percentage of Lot Size
20 acres or greater
No maximum
10 to less than 20 acres
10,000 s.f.
or
1.85% up to 15,000 s.f.
5 to less than 10 acres
5,000 s.f.
or
2.21% up to 10,000 s.f.
Less than 5 acres
1,200 s.f.
or
3.75% up to 5,000 s.f.
The following table indicates the proposed allowances on a wide variety of
property sizes, with the current ordinance's allowances also listed.
LOT
AREA (s.f.)
CURRENT
ALLOWANCE
PROPOSED ALLOWANCE
Urban Lot
10,800
1,200
3.75%
405 1,200
1 acre
43,560
1,200
3.75%
1,634
1.24 acre
54,014
1,200
3.75%
2,026
1.25 acre
54,450
2,020
3.75%
2,042
2 acre
87,120
2,020
3.75%
3,267
2.49 acre
108,464
2,020
3.75%
4,067
2.5 acre
108,900
3,600
3.75%
4,084
3 acre
130,680
3,600
3.75%
4,901
4 acre
174,240
3,600
3.75%
6,531 5,000
4.9 acre
213,444
3,600
3.75%
804 5,000
5 acre
217,800
4,200
2.21%
4,813 5,000
6 acre
261,360
4,200
2.21%
5,776
7 acre
304,920
4,200
2.21%
6,739
8 acre
348,480
4,200
2.21%
7,701
9 acre
392,040
4,200
2.21%
8,664
9.9 acres
431,244
4,200
2.21%
9,530
10 acre
435,600
5,000
1.85%
8,058 10,000
11 acre
479,160
5,000
1.85%
8,864 10,000
12 acre
522,720
5,000
1.85%
9,670 10,000
13 acre
566,280
5,000
1.85%
10,476
14 acre
609,840
5,000
1.85%
11,282
15 acre
653,400
5,000
1.85%
12,088
16 acre
696,960
5,000
1.85%
12,894
17 acre
740,520
5,000
1.85%
13,700
18 acre
784,080
5,000
1.85%
14,505
19 acre
827,640
5,000
1.85%
15,311 15,000
19.9 acre
866,844
5,000
1.85%
16,037 15,000
20 acre
871,200
unlimited
unlimited
unlimited
NUMBER OF STRUCTURES ANALYSIS:
Considering the increase in area allowed, the proposed ordinance would
increase the number of buildings allowed in the 5-20 acre levels from 1 attached
and 2 detached to 1 attached and 3 detached. No other changes are proposed.
PLANNING AND ZONING BOARD
On May 12, 2010 the Planning and Zoning Board held a public hearing and
recommended approval of the attached amendment.
RECOMMENDATION
i. Staff recommends waiving the full reading of the ordinance and approving
the second reading of Ordinance Number 08-10, amending the Zoning
Ordinance in regards to Accessory Buildings and Structures.
ii. Staff also recommends approving Resolution Number 10-57, summarizing
Ordinance Number 08-10 for publication purposes.
ATTACHMENTS
1. Ordinance Number 08-10
2. Resolution Number 10-57