HomeMy WebLinkAboutItem 10 - CC Report Accessory Building Setback; 7-21-15 (2)
MAYOR & COUNCIL COMMUNICATION
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DATE: July 21, 2015
CONSENT
ITEM 10 ORDINANCE 08-125
RESOLUTION 2015-58
AGENDA ITEM: Zoning Text Amendment – Accessory Building Setbacks in Urban Residential Districts
SUBMITTED BY: Nick M. Johnson, City Planner
THROUGH: Julie Johnson, City Clerk
REVIEWED BY: Planning Commission
Kyle Klatt, Community Development Director
SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda):
- Introduction of Item .....................................Community Development Director
- Report/Presentation………………………...Community Development Director
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECCOMENDER: Planning Commission
FISCAL IMPACT: None
SUMMARY AND ACTION REQUESTED: The City has received inquiries from residents
within the Savona subdivision about the required setbacks for detached accessory buildings. In
reviewing the setback requirements for accessory buildings in the Urban Low Density
Residential (LDR) zoning district, the existing rear-yard setback requirement is 20 feet. For this type of zoning district, 20 feet is a large setback requirement for accessory buildings. To address the situation staff conducted research and ultimately drafted a Zoning Text Amendment to
reduce the rear-yard setback to 10 feet. The Planning Commission reviewed the research at their
6/22/15 meeting, held a public hearing on 7/13/15, and is recommending approval of the Zoning
Text Amendment. If removed from the Consent Agenda, the motion to take the recommended action is the following:
City Council Meeting [Consent Agenda Item X]
July 21, 2015
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“Move to adopt Ordinance 08-125, reducing the rear yard setback for detached accessory buildings in the urban residential districts from 20 feet to 10 feet.”
In addition, due to the fact that the ordinance contains charts, staff is recommending that the City Council authorize summary publication to explain the ordinance amendment through
publication. The suggested motion is as follows:
“Move to adopt Resolution 2015-58, authorizing summary publication of Ordinance 08-125.”
BACKGROUND INFORMATION/STAFF REPORT:
As families have begun to move into the Savona subdivision, City staff has begun receiving
inquiries from residents about standards related to accessory buildings and other zoning
provisions. One specific inquiry was made about the rear-yard setback for accessory buildings in the LDR zoning district. In reviewing the City’s regulations it was discovered that the existing
rear-yard setback requirement for these structures is 20 feet. For lots that are smaller in size in
comparison to most signal family neighborhoods in the City, a 20-foot rear yard setback is larger
than what is typical in other communities. In fact, the rear-yard setback for accessory building in
the Rural Single Family (RS) district is 10 feet. It should be noted that when a City adopts new zoning districts, it is very common that amendments or tweaks to the district standards occur
once the districts are adopted and being utilized by property owners. Staff views this process as
a natural evolution of the zoning district standards. Following up on the research conducted, staff
presented these findings at the 6/22/15 Planning Commission meeting. Upon review of the
information, the Planning Commission directed staff to prepare a Zoning Text Amendment and schedule a public hearing. The ordinance as proposed reflects the Zoning Text Amendment
prepared by staff with input from the Planning Commission.
PLANNING COMMISSION REPORT:
The Planning Commission reviewed the setback requirements for detached accessory buildings in the urban residential district at their meeting on 6/22/15, where they directed staff to schedule
a public hearing and prepare a Zoning Text Amendment. The public hearing was held on July
13, 2015. No one spoke during the public hearing and no written correspondence was received.
There was very little discussion on the proposed ordinance amendment at the 7/13/15 meeting. The Planning Commission unanimously recommended approval of the zoning text amendment to reduce the rear-yard setback for detached accessory buildings in the urban residential districts
from 20 feet to 10 feet (Vote: 6-0).
STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS:
Strengths: Reducing the rear-yard setback for accessory buildings will bring the standard
into conformance with what is more typical or common amongst urban residential
standards in the surrounding communities. Placing these small structures closer to the
rear property line will give residents more usable back yard area for use of their property.
City Council Meeting [Consent Agenda Item X]
July 21, 2015
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At the same time, a 10-foot setback will keep these structures outside of the City’s
standard drainage and utility easements.
Weaknesses: None
Opportunities: Amending the rear-yard setback for accessory structures at this time prior to many more residents moving into these neighborhood types will help alleviate issues
or concerns about the placement of accessory buildings.
Threats: None.
RECOMMENDATION:
Based on the aforementioned, the Planning Commission and staff are recommending that the
City Council approve the proposed amendment to the rear yard setback for accessory structures
in the urban residential zoning districts. Should the item be removed from the Consent Agenda,
the motion to take the recommended action on the request is as follows:
“Move to adopt Ordinance 08-125, reducing the rear yard setback for detached accessory buildings in the urban residential districts from 20 feet to 10 feet.”
In addition, due to the fact that the ordinance contains charts, staff is recommending that the City Council authorize summary publication to explain the ordinance amendment through
publication. The suggested motion is as follows:
“Move to adopt Resolution 2015-58, authorizing summary publication of Ordinance 08-125.”
ATTACHMENTS:
1. Ordinance 08-125
2. Resolution 2015-58
3. Staff Report to the Planning Commission, dated 7-13-15
4. Staff Report to the Planning Commission, dated 6-22-15 5. Accessory Structure Regulations - Comparison
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-125
AN ORDINANCE AMENDING THE LAKE ELMO ZONING CODE BY AMENDING THE REAR YARD
SETBACK FOR DETACHED ACCESSORY STRUCTURES IN THE URBAN RESIDENTIAL ZONING
DISTRICTS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 452 to read the following:
§ 154.452 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS.
Lot area and setback requirements shall be as specified in Table 10-2, Lot Dimension and Setback Requirements.
Table 10-2: Lot Dimension and Setback Requirements, Residential Districts
LDR MDR HDR
Minimum Lot Area (sq. ft.)
Single family detached dwelling 8,000 7,000 5,000
Two-family dwelling (per unit) a 5,000 4,000 3,000
Single-family attached (per unit) b - 4,000 2,500
Multi-family dwelling (per unit) - 4,000 1,800
Secondary dwelling see 155.102
Live-work unit - - 3,600
Congregate housing - see 155.102 see 155.102
Manufactured home park - see 155.102 -
Minimum Lot Width (feet)
Single family detached dwelling 60 50 50
Two-family dwelling (per unit) a 35 30 20
Single-family attached (per unit) b - 25 20
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LDR MDR HDR
Multi-family dwelling (per building) - 75 60
Live-work unit - - 25
Maximum Height (feet) 35 35 50
Maximum Impervious Coverage 40% 50% 75%
Minimum Building Setbacks (feet)
Front yard 25 c 25 c 20 c
Minimum Building Setbacks (feet)
Interior side yard e
Principal Buildings f,g 10 10 10d
Attached Garage or Accessory Structures f,g 5 5 10d
Corner side yard g,h 15 15 15
Rear yard
Principal Buildings 20 20 20
Detached Accessory Buildings 10 10 10
Notes to Urban Residential Districts Table
a. Common open space areas may be used in the determining whether or not the
minimum lot areas within a development are met, when provided as part of an overall development plan.
b. Two-family units may be side-by-side with a party wall between them
(“twin”) or located on separate floors in a building on a single lot (“duplex”).
The per-unit measurements in this table apply to “twin” units, whether on a
single lot or separate lots. The standards for single-family detached dwelling shall apply to a “duplex” containing two vertically-separated units on a single lot.
c. In the case of single-family attached dwellings that are not situated on
individual lots, minimum lot size shall be applied to each unit as a measure of
density; i.e. 1 unit per 2,500 square feet. This standard is also used for multifamily dwellings.
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d. Single family dwellings (both attached and detached) and two-family
dwellings may use the side yard setbacks within MDR zoning districts.
e. In a block where the majority of the block face has been developed with the
same or similar setbacks, the front setback for the remaining lots on that block face shall fall within the range established by the existing setbacks.
f. In situations where a garage or accessory building is set back less than 7 feet
from a side property line, the maximum permitted encroachment for anything
attached to said building (including eaves, overhangs, steps, chimneys, and
other appurtenances as described in Section 154.081) will be two (2) feet.
g. Side yards setbacks shall apply to the ends of attached or two-family
dwellings.
h. Corner properties: The side façade of a corner building adjoining a public
street shall maintain the front setback of the adjacent property fronting upon
the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in
the table.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-125 was adopted on this twenty first day of
July 2015, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-125 was published on the ____ day of ___________________, 2015.
Resolution 2015-58 Page 1 of 2
CITY OF LAKE ELMO
COUNTY OF WASHINGTON STATE OF MINNESOTA
RESOLUTION NO. 2015-58
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-125 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-125, an
ordinance to the City’s regulations pertaining to setbacks for accessory structures in the urban
residential zoning districts; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-125 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-125, which reduces
the rear-yard setback for detached accessory buildings in the urban residential districts from 20
feet to 10 feet.
The full text of Ordinance No. 08-125 is available for inspection at Lake Elmo city hall during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full
copy of the ordinance be placed in a public location within the City.
Dated: July 21, 2015.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
Resolution 2015-58 Page 2 of 2
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
PUBLIC HEARING ITEM 4C – ACTION ITEM
PLANNING COMMISSION
DATE: 7/13/15
AGENDA ITEM: 4C – PUBLIC HEARING
CASE # 2015-22
ITEM: Zoning Text Amendment – Accessory Building Setbacks in the Urban
Residential Districts
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Community Development Director
Casey Riley, Planning Intern
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to hold a public hearing to consider a Zoning Text
Amendment to reduce the rear yard setback for accessory buildings in the urban residential zoning
districts. The Planning Commission reviewed the proposed change to the setback at their meeting on
June 22, 2015. After reviewing the proposed change, the Planning Commission directed staff to schedule a public hearing and prepare the Zoning Text Amendment. Staff is recommending that the
Planning Commission recommend approval of the Zoning Text Amendment through the following
motion:
“Move to recommend approval of the Zoning Text Amendment to reduce the rear yard setback for accessory buildings in the urban residential zoning districts from 20 feet to 10 feet.”
GENERAL INFORMATION
Applicant: City of Lake Elmo
Property Owners: N/A
Location: N/A – Proposed zoning text amendment would apply to residential properties in
the urban residential zoning districts (LDR, MDR and HDR)
Request: City staff is recommending that the City consider a minor amendment to the rear-yard setback requirements for accessory buildings in urban residential zoning districts. The
Planning Commission is asked to hold a public hearing on the proposed amendment.
Existing Land Use: N/A
Existing Zoning: N/A
Surrounding Land Use: N/A
Surrounding Zoning: N/A
Comprehensive Plan: N/A
Proposed Zoning: N/A
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PUBLIC HEARING ITEM 4C – ACTION ITEM
History: The urban residential zoning districts were adopted as part of the Zoning Code
Update Project in 2012/13. As part of this effort, the City adopted three residential
zoning districts intended to be utilized in the City’s urban planning areas (I-94
Corridor and Village Area). These zoning districts include lot dimension and building bulk requirements that include the setback requirements for both principal and accessory structures.
Applicable Regulations: Article X – Urban Residential Districts (154.452 Lot Dimensions and
Building Bulk Requirements)
BACKGROUND
City staff has recently received an inquiry about the required setbacks for accessory buildings in the
Urban Low Density Residential (LDR) zoning districts. Upon review of the setback requirements as
found in §154.452 for accessory buildings, it was discovered that the required rear-yard setback for accessory buildings is 20 feet. Staff has researched multiple other cities and found that typical rear yard setbacks for these structures in urban residential districts are between 5 and ten feet. In
addition, the City’s Rural Single Family (RS) zoning district also has a 10-foot rear yard setback fro
accessory buildings.
It should be noted that there are several homes that have been issued Certificates of Occupancy in the Savona LDR subdivision. As more of these neighborhoods are constructed and new residents move
in, the City is likely to receive more inquiries about tool sheds and other small accessory structures.
Staff recommends addressing the rear-yard setback issue prior to more inquiries coming into the
City.
STAFF REVIEW COMMENTS:
Based on the research conducted by Staff, it is recommended that the rear yard setback for accessory buildings in urban residential districts be reduced to 10 feet. A setback of 10 feet allows for a
substantial enough setback from adjoining properties while at the same time keeping these structures
outside of the City’s standard drainage and utility easements. Finally, a separation of 10 feet should
be significant enough to mitigate potential drainage or surface water challenges that may arise from locating accessory buildings in these areas.
RECCOMENDATION:
Staff is recommending that the Planning Commission recommend approval of the proposed Zoning
Text Amendment through the following motion:
“Move to recommend approval of the Zoning Text Amendment to reduce the rear yard setback for accessory buildings in the urban residential zoning districts from 20 feet to 10 feet.”
ATTACHMENTS:
1. DRAFT 154.452 Lot Dimensions and Building Bulk Requirements
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PUBLIC HEARING ITEM 4C – ACTION ITEM
2. Accessory Structure Regulations Comparison
ORDER OF BUSINESS:
- Introduction ....................................................... Community Development Director
- Report by Staff ..................................................................................... City Planner
- Questions from the Commission ............................ Chair & Commission Members
- Open the Public Hearing .................................................................................. Chair
- Close the Public Hearing .................................................................................. Chair
- Discussion by the Commission .............................. Chair & Commission Members
- Action by the Commission ..................................... Chair & Commission Members
§ 154.452 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS.
Lot area and setback requirements shall be as specified in Table 10-2, Lot Dimension and
Setback Requirements.
Table 10-2: Lot Dimension and Setback Requirements, Residential Districts
LDR MDR HDR
Minimum Lot Area (sq. ft.)
Single family detached dwelling 8,000 7,000 5,000
Two-family dwelling (per unit) a 5,000 4,000 3,000
Single-family attached (per unit) b - 4,000 2,500
Multi-family dwelling (per unit) - 4,000 1,800
Secondary dwelling see 155.102
Live-work unit - - 3,600
Congregate housing - see 155.102 see 155.102
Manufactured home park - see 155.102 -
Minimum Lot Width (feet)
Single family detached dwelling 60 50 50
Two-family dwelling (per unit) a 35 30 20
Single-family attached (per unit) b - 25 20
Multi-family dwelling (per building) - 75 60
Live-work unit - - 25
Maximum Height (feet) 35 35 50
Maximum Impervious Coverage 40% 50% 75%
Minimum Building Setbacks (feet)
Front yard 25 c 25 c 20 c
LDR MDR HDR
Minimum Building Setbacks (feet)
Interior side yard e
Principal Buildings f,g 10 10 10d
Attached Garage or Accessory Structures
f,g 5 5 10d
Corner side yard g,h 15 15 15
Rear yard
Principal Buildings 20 20 20
Detached Accessory Buildings 10 10 10
Notes to Urban Residential Districts Table
a. Common open space areas may be used in the determining whether or not the
minimum lot areas within a development are met, when provided as part of an overall development plan.
b. Two-family units may be side-by-side with a party wall between them
(“twin”) or located on separate floors in a building on a single lot (“duplex”).
The per-unit measurements in this table apply to “twin” units, whether on a
single lot or separate lots. The standards for single-family detached dwelling shall apply to a “duplex” containing two vertically-separated units on a single lot.
c. In the case of single-family attached dwellings that are not situated on
individual lots, minimum lot size shall be applied to each unit as a measure of
density; i.e. 1 unit per 2,500 square feet. This standard is also used for multifamily dwellings.
d. Single family dwellings (both attached and detached) and two-family
dwellings may use the side yard setbacks within MDR zoning districts.
e. In a block where the majority of the block face has been developed with the
same or similar setbacks, the front setback for the remaining lots on that block face shall fall within the range established by the existing setbacks.
f. In situations where a garage or accessory building is set back less than 7 feet
from a side property line, the maximum permitted encroachment for anything
attached to said building (including eaves, overhangs, steps, chimneys, and
other appurtenances as described in Section 154.081) will be two (2) feet.
g. Side yards setbacks shall apply to the ends of attached or two-family
dwellings.
h. Corner properties: The side façade of a corner building adjoining a public
street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If
no structure exists on the adjacent property, the setback shall be as shown in
the table.
(Ord. 2012-062, passed 9-18-2012; Am. Ord. 08-071, passed 3-5-2013)
Accessory Structure Regulations – Comparison Chart
City Maximum
Size
Max Number Setbacks Other
Cottage Grove 5’ Side, 10’
Rear
30’ height maximum. Residents have to provide 400 SF of
usable open space on their lot. In no cases can more than 30%
of lot be covered with structures.
Hugo 260 SF for
lots < 1.5
acre
If accessory
building is
less than 120
SF, 10’ rear,
6’ side.
Lots > 1.5 acres but < 2.99 acres, Max size for all accessory
buildings is 1,500 SF
Inver Grove Heights 1,000 SF 1 30’ Front, 5’
Side, 8’ Rear
Max Height: 25’
Maplewood Lot area
under
8,000 SF:
768 SF
Combo of
Detached
and Attached
Garage
Building:
1188 SF
5’ Rear, 5’
Side
If the lot area is greater than 8,000 SF and less than 16,000 SF,
the accessory structure can be 1,000 SF. The Combination of
both can be 1,420 SF.
Oakdale 30’ Front, 20’
Corner Side,
5’ Side, 5’
Rear
The minimum distance between buildings at any point shall be
equal to the height of the exterior wall or 15 feet, whichever is
greater.
Stillwater 500 SF 1 5’ Side, 10’
Rear
20 ft max building height
White Bear 1,000 SF
for
garage,
120 SF for
2nd
accessory
structure
2 5’ Rear, 5’
Side
Must be in rear or side yard.
Woodbury 400 SF 1 5 ft. rear and
side
Cannot be on easement, cannot be in front of principle
building, wall cannot exceed 12 ft in height, shall not occupy
more than 25% of rear yard