July 5, 2006 CCP - Laserfiche WebLink

Home Browse Search

Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council July 5, 2006 A enda Item: Zoning Ordinance Text Interpretation — Accessory Buildings Background Information for July 5, 2006: Staff has recently discovered what appears to be a wording problem within the table of the Zoning Ordinance that prescribes the number and allowable area of accessory structures in the various zoning districts. The nature of the possible problem is fully described by the attached June 22 Memo by Staff to the Planning Commission — essentially involving whether certain area standards where multiple buildings are other wise permitted are intended to be aggregated or individual, as well as the possible logic (or illogic) in the manner the standards are now written. On June 26 the Planning Commission considered the questions raised by staff in this regard at length. The Commission's conclusion (and resulting recommendation to the Council) is that the term "combined" is used where the ordinance describes multiple buildings in the R1, RED, and OP section of the table. If the intent of the drafters had been to aggregate the stated allowable area then the term "combined" would have been used along with the terms "total area" in the text of the "Agricultural (Non -conforming)" of the subject table. The Commission did consider recommending a formal amendment to that end, but concluded that a simple interpretation direction should suffice pending completion of the new zoning ordinance — where additional modifications to Accessory Building standards are likely as well. Person responsible: Action items: , Ci Pl`" Motion directing staff regarding the interpretation of the terms "total area" contained within the "Agricultural — Non -conforming" paragraph of the table in Section 300.07 Subd. 4.B.2.b. of the City Code. Attachments: Time Allocated: 1. Draft Planning Commission Minutes of June 26, 2006 2. Planning Staff Memo and Attachment of June 22, 2006