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HomeMy WebLinkAbout#15 - CC Report - Accessory Structure Ordinance Amendments - with attachmentsMAYOR AND COUNCIL COMMUNICATION DATE: 6/21/2016 CONSENT ITEM #: 15 AGENDA ITEM: Requested Amendments to Accessory Structure Ordinance SUBMITTED BY: Emily Becker, City Planner THROUGH: Kristina Handt, City Administrator REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: The Planning Commission has made recommendations to the City Council on three changes pertaining to accessory structures. The first amendment pertains to fish houses. At its May 3, 2016 meeting, City Council directed Staff to amend the City’s Accessory Structure ordinance to exempt “fish houses” that are 120 square feet or less in size from the requirement that principal structures be constructed or accessory use be located on lots prior to accessory structures in the Rural Single Family Zoning District. The request was made due to a significant number of non-conforming lot sizes in the Rural Single Family Zoning District upon which a house would likely not meet setback requirements. Because a significant number of these lots could not be built upon without first obtaining a variance, the request was made so that these lots could be utilized for the recreational purpose a fish house would allow. Accessory structures are not allowed to be erected prior to the existence of or issuance of a building permit for a principal structure, and a variance would not allow the situation, so the only remedy is by text amendment. The second amendment pertains to Section 154.406, Subd. D, an exception provision that allows accessory structures to be located nearer to the front lot line than the principal structure. The Planning Commission recommends the Council strike the language that allows the exception to be made by Resolution of the City Council. Staff believes the exception is a defacto variance without findings. The City Attorney has also given support for this amendment. The variance process is the appropriate mechanism to grant such exceptions. Finally, the third proposed amendment is to the definition of “Storage or Tool Shed” in Section 154.213. Staff recommends amending the defined size of such a shed from 160 square feet to 200 square feet in order to align it with MN State Building Code. ISSUE BEFORE COUNCIL: The City Council should consider the following: City Council Meeting 6/21/2016 Consent Agenda Item #15 2 1) If fish houses, with certain provisions, should be exempt from the requirement that principal structures be constructed on lots prior to accessory structures. The Council should also consider what those provisions should be. 2)If the language in Section 154.406, Subd. D of the Zoning Code that allows accessory structures to be located nearer to the front lot line than the principal structure by Resolution of the City Council should be stricken. Striking this language will require applicants to go through the variance process. 3)If the definition of “Tool Shed” in Section 154.213, Subd B, should be amended by changing the defined size from 160 square feet to 200 square feet to align with MN State Building Code and specifying in the definition that it must comply with the maximum area requirements of the zoning district, providing a principal structure exists on the lot. PROPOSAL DETAILS/ANALYSIS: Fish House Exemption: Definition. The definition of water-oriented accessory structure or facility in Lake Elmo’s City Code lists fish houses as an example of such a structure. Water-oriented accessory structures are exempt from setback regulations of the Shoreland Overlay District if certain provisions are met including: not exceeding a height of ten feet; not being over 250 square feet in size; being set back at least ten feet from the Ordinary High Water Level (OHWL) on a recreational development lake and 50 feet from the OHWL on a natural environment lake; being treated to reduce visibility as viewed from public waters; and cannot be used for human habitation or contain water supply or sewage treatment facilities. The Code does not currently clearly define fish houses. Restriction. Because fish houses are classified as accessory structures, regulations of accessory structures must be met. The Shoreland Ordinance allows only one water oriented structure per lot. By City Code, no accessory structure can be constructed or accessory use be located until a building permit has been issued for a primary structure on a lot. This Code provision is typical in cities in order to maintain control over use of properties for storage and to protect the City against a proliferation of unwanted storage structures. Logic Behind Zoning District Restriction. It is recommended that if an exemption for fish houses from the requirement of a principal structure is considered, the exemption should be restricted only to the RS - Rural Single Family Zoning District for a number of reasons. First, there are a number of lots in this zoning district that are non-conforming, and on which a house could not be built without a variance. Additionally, many of the lots in the RS District are located adjacent to a lake, and allowing fish houses to exist on lots without primary structures would allow owners who do not wish to construct a primary structure to enjoy recreation on the lake without having to haul their fish house to the lake each winter season. Potentially-Affected Parcels. There are currently 221 parcels located in the Rural Single Family District on which a principal structure does not exist. 123 of these parcels are located on a lot adjacent to a lake. 39 of these parcels are a half acre in size or more. A map is included as an addendum to this report to illustrate the locations of these parcels. City Council Meeting 6/21/2016 Consent Agenda Item #15 3 Regulation. Fish houses are considered accessory structures and therefore will require a Certificate of Zoning Compliance, as any accessory structure located on a property that does not require a building permit requires this Certificate. It is at this time that Staff will be able to determine if most of the requirements of a fish house outlined in its definition are met. Of course, some requirements will not easily be determined, and there may be need for code compliance investigations if complaints are received or it is observed by the City that a property is in violation. Potential Impacts. There are a number of potential impacts that may result from allowing fish houses to exist on parcels without primary structures. First, fish houses may be used solely as storage. Even though the definition outlines that they may not be used for storage, it is hard to know and regulate what occurs inside a structure that is not viewable from the street without going through the proper processes. Also, the design of fish houses is not regulated nor do they require a building permit, so the appearance, safety and durability of the structure are at risk. Section 154.406 of the Zoning Code requires that accessory structures are required to be similar or compatible with the design and construction of the principal building, but without a principal building, there is nothing by which its exterior appearance can be regulated. Additionally, it is hard to regulate fish houses from being used as dwellings, even though the definition does not allow this. On the other hand, allowing fish houses to be constructed/located on a lot without a primary structure would increase the utility of the lot for the owner without them having to go through a variance process and constructing a primary structure and could potentially benefit neighboring properties as adjacent lots can remain mostly vacant, increasing their peace and privacy. The extra requirements; that a fish house is located on a lot with direct access to a water body; maintains a current fish house license with the Minnesota Department of Natural Resources regardless if it is left on a water body overnight; is 120 square feet or less; and complies with Shoreland regulations and RS Rural Single Family setback requirements, are intended to limit some of the potential impacts. An additional requirement has been added at the request of a Councilmember that was discussed previously, but not addressed is that the parcel on which the fish house is located be a half acre or more. This standard has been added to the Draft Ordinance. Planning Commission Concern. During its discussion of this agenda item, the Planning Commission expressed concern that if every one of these lots had a fish house, it may lead to complaints by the neighbors. Requiring the Variance Process for an Accessory Structure to be Located Nearer to the Front Lot Line than the Principal Structure: Variance Process. The Board of Adjustment has the power to grant variances to the provisions of this chapter under certain procedures and standards. All requests for variances shall be reviewed in accordance with the required findings. A public hearing is to be held by the Planning Commission, after which findings are considered and a recommendation is made to the Board of Adjustment. The current process of allowing accessory structures to be located nearer the front lot line than the principal structure by Resolution of the City Council does not follow this process outlined in Section 154.109: Variances of the Zoning Code. City Council Meeting 6/21/2016 Consent Agenda Item #15 4 History. Since 1993, Staff has found that approximately 29 approvals for accessory structures to be located nearer to the front line than the principal structures have been made by Resolution of City Council. Tool Shed Definition: The proposed definition of “Storage or Tool Shed” would align the City’s definition with the Building Code. Currently, the Building Code does not require permits for structures under 200 square feet. Changing the definition of a Storage or Tool Shed in the City Code would make it consistent with this requirement. The Planning Commission also recommends that that the definition include clarification that one storage or tool shed may be placed on any lot in addition to the number of accessory buildings, provided it complies with the maximum area requirements of the zoning district, providing a principal structure exists on the lot. The current definition had been confusing to Staff and led to misinterpretations. FISCAL IMPACT: Allowing fish houses to be located on lots in the absence of principal structures may increase the amount of time Staff spends in response to code compliance complaints as fish houses may be used for storage or habitation as is not allowed per the proposed ordinance. Requiring the variance process for accessory structures to be located nearer to the front line than the principal structure may increase the amount of time Staff spends on such requests, though the cost of a variance is much higher than the cost of the request of Resolution by City Council ($750.00 vs. $200.00, respectively). The change may also reduce the number of such requests. No fiscal impact is foreseen by amending the definition of a Storage or Tool Shed in this ordinance. OPTIONS: The Council may approve or deny the recommended amendments to the Accessory Structure ordinance as proposed or may edit amendments as deemed appropriate. RECOMMENDATION: Staff respectfully requests, as part of tonight’s consent agenda, the Council approve the three proposed changes to the Accessory Structure ordinance: 1) An exemption for fish houses, with certain standards, to the accessory structure requirement that a building permit be issued for a primary structure before an accessory structure or use can exist on a lot. 2)Striking the language that allows an accessory structure to be located nearer the front lot line than the primary structure “by Resolution of the City Council.” City Council Meeting 6/27/2016 Consent/Regular Agenda Item #15 5 3) Amending the definition of “Storage or Tool Shed” in Section 154.213, Subd B, to change defined size from 160 square feet to 200 square feet to align with MN State Building Code and specify in the definition that it must comply with the maximum area requirements of the zoning district, providing a principal structure exists on the lot. If removed from the Consent Agenda, the recommended action can be completed through the following motion: “Move to approve three amendments to the Accessory Structure Ordinance: allowing an exception for fish houses that meet certain standards from the requirement that a building permit for a principal structure be issued before an accessory structure can exist on a lot; striking language in Section 154.406, Subd. D of the Zoning Code that allows an accessory structure to be located nearer a front lot line than the principal structure by Resolution of the City Council; amending the definition of Storage or Tool Shed in Section 154.213, Subd. B by increasing square footage requirement for a building permit and adding clarifying language.” In addition, Staff is recommending that the City Council authorize summary publication of the approved ordinance through the following ordinance: “Move to adopt Resolution 2016-47, authorizing summary publication of Ordinance 08-138” ATTACHMENTS: • Draft Ordinance Accessory Structure Ordinance Amendment. • Resolution 2016-47 Summary Publication of Accessory Structure Ordinance Amendment. • Map depicting parcels potentially affected by the proposed fish house exemption. 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-138 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY EXEMPTING FISH HOUSES FROM REQUIREMENT THAT NO ACCESSORY STRUCTURE BE CONSTRUCTED PRIOR TO PRINCIPAL STRUCTURE ON LOT AND STRIKING LANGUAGE THAT ALLOWS ACCESSORY STRUCTURES TO BE LOCATED NEARER TO THE FRONT LINE THAN PRINCIPAL STRUCTURES BY RESOLUTION OF THE CITY COUNCIL SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions by adding the following definition: FISH HOUSE. A water-oriented structure meant to provide periodic shelter during the winter months while atop a frozen lake for use in fishing. A structure will be considered a fish house only if it is constructed with sleds, wheels or similar means to allow transport on to a frozen lake; is not used on land for human habitation; and is not used for boat storage. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article 5. General Regulations; Section 213: Accessory Buildings and Structures, Generally; Subd. B: Definitions and Subd. D: Principle Structure Necessary to read the following: B.Definitions. The following words, terms and phrases, when used in this section, and all sections pertaining to accessory buildings or structures, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Agricultural Farm Building. An accessory building used or intended for use on an active commercial food-producing farm operation of more than 20 acres. A Minnesota Pollution Control Agency permit may be required. Detached Domesticated Farm Animal Building. A 1-story accessory building used or intended for the shelter of domestic farm animals and/or related feed or other farm animal supportive materials. The building may require a Minnesota Pollution Control Agency feedlot permit in addition to site and building plan approval. Fish House. A water-oriented structure meant to provide periodic shelter during the winter months while atop a frozen lake for use in fishing. A structure will be considered a fish house only if it is constructed with sleds, wheels or similar means to allow transport on to a frozen lake; is not used on land for human habitation; and is not used for boat storage. 2 Detached Residential Accessory Building. A 1-story accessory building primarily used or intended for the storage of automobiles and other miscellaneous equipment. No door or other access opening shall exceed 14 feet in height. Storage or Tool Shed. A 1-story accessory building of less than 160200 square feet gross area with a maximum roof height of 12 feet. C. Principal Structure Necessary. No accessory building of structures shall be constructed nor accessory use located on a lot until a building permit has been issued for the principal structure to which it is accessory. Exemption. Fish houses as defined in this Code and located in the RS Rural Single Family District are exempt from this requirement provided the following criteria are met: must be located on a lot half acre in size or more with direct access to a water body; is 120 square feet or less; and complies with Shoreland regulations and RS Rural Single Family setback requirements. One fish house per lot may exist without a principal structure. The structure must maintain a current Fishhouse license with the Minnesota Department of Natural Resources regardless if it is left on a water body overnight. If a current Minnesota Department of Natural Resources Fishhouse License is not obtained for the structure, the structure must be removed from the property within 60 days. D. Proximity to Principal Structure. Accessory buildings shall maintain a six (6) foot setback from the principal structure. An accessory building or structure will be considered as an integral part of the principal building if it is located six (6) feet or less from the principal structure. E. Storage or Tool Sheds. A One storage or tool shed as defined in this section may be placed on any lot in addition to the permitted number of accessory buildings., provided it complies with the maximum area requirements of the zoning district , and a principal structure exists on the lot. F. Exempt Structures. The following residential improvements shall be exempt from the maximum allowed structure size and number requirements in residential districts: 1. Unenclosed playhouses 2. Gazebos up to a total of 120 square feet in size and a maximum of twelve (12) feet in overall height 3. Detached decks over thirty (30) inches in height up to a total of 120 square feet in size 4. Outdoor swimming pools 5. Patios 6. Tennis and sport courts 7. Structures, sheds or coops up to a total of two hundred (200) square feet i n size used to house permitted animals, such as chickens, horses, or other livestock. These structures must not exceed twelve (12) feet in height and must meet all required setbacks per MPCA guidelines and the City’s animal ordinances. 8. Water oriented accessory structures as permitted in accordance with the City’s Shoreland Ordinance. SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 405: Accessory Uses and Structures to read the following: 3 A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. B. Incidental to Principal Use. The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served. C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. D. Function. The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. E. Location. The accessory use or structure shall be located on the same zoning lot as the principal use or structure. F. Exemption. Fish houses as defined in this Code and located in the RS Rural Single Family District are exempt from this requirement provided the following criteria are met: must be located on a lot half acre in size or more with direct access to a water body; is 120 square feet or less; and complies with Shoreland regulations and RS Rural Single Family setback requirements. One fish house per lot may exist without a principal structure. The structure must maintain a current Fishhouse license with the Minnesota Department of Natural Resources regardless if it is left on a water body overnight. If a current Minnesota Department of Natural Resources Fishhouse License is not obtained for the structure, the structure must be removed from the property within 60 days. SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 404: Accessory Structures, Rural Districts., Subd. D to read the following: D. Structure Location, Rural Districts. No detached garages or other accessory buildings shall be located nearer to the front lot line than the principal building on that lot . unless, by Resolution of the City Council, an exception is made to permit a detached garage or accessory structure nearer the front lot line than the principal building. SECTION 5. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 6. Adoption Date. This Ordinance 08-___ was adopted on this _____ day of ________, 2016, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL ______________________________ Mike Pearson, Mayor 4 ATTEST: _______________________________ Julie Johnson, City Clerk This Ordinance 08-____ was published on the ____ day of ___________________, 2016. 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY EXEMPTING FISH HOUSES FROM REQUIREMENT THAT NO ACCESSORY STRUCTURE BE CONSTRUCTED PRIOR TO PRINCIPAL STRUCTURE ON LOT AND STRIKING LANGUAGE THAT ALLOWS ACCESSORY STRUCTURES TO BE LOCATED NEARER TO THE FRONT LINE THAN PRINCIPAL STRUCTURES BY RESOLUTION OF THE CITY COUNCIL SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions by adding the following definition: FISH HOUSE. A water-oriented structure meant to provide periodic shelter during the winter months while atop a frozen lake for use in fishing. A structure will be considered a fish house only if it is constructed with sleds, wheels or similar means to allow transport on to a frozen lake; is not used on land for human habitation; and is not used for boat storage. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article 5. General Regulations; Section 213: Accessory Buildings and Structures, Generally; Subd. B: Definitions and Subd. D: Principle Structure Necessary to read the following: B. Definitions. The following words, terms and phrases, when used in this section, and all sections pertaining to accessory buildings or structures, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Agricultural Farm Building. An accessory building used or intended for use on an active commercial food-producing farm operation of more than 20 acres. A Minnesota Pollution Control Agency permit may be required. Detached Domesticated Farm Animal Building. A 1-story accessory building used or intended for the shelter of domestic farm animals and/or related feed or other farm animal supportive materials. The building may require a Minnesota Pollution Control Agency feedlot permit in addition to site and building plan approval. Fish House. A water-oriented structure meant to provide periodic shelter during the winter months while atop a frozen lake for use in fishing. A structure will be considered a fish house only if it is constructed with sleds, wheels or similar means to allow transport on to a frozen lake; is not used on land for human habitation; and is not used for boat storage. 2 Detached Residential Accessory Building. A 1-story accessory building primarily used or intended for the storage of automobiles and other miscellaneous equipment. No door or other access opening shall exceed 14 feet in height. Storage or Tool Shed. A 1-story accessory building of less than 200 square feet gross area with a maximum roof height of 12 feet. C. Principal Structure Necessary. No accessory building of structures shall be constructed nor accessory use located on a lot until a building permit has been issued for the principal structure to which it is accessory. Exemption. Fish houses as defined in this Code and located in the RS Rural Single Family District are exempt from this requirement provided the following criteria are met: must be located on a lot half acre in size or more with direct access to a water body; is 120 square feet or less; and complies with Shoreland regulations and RS Rural Single Family setback requirements. One fish house per lot may exist without a principal structure. The structure must maintain a current Fishhouse license with the Minnesota Department of Natural Resources regardless if it is left on a wat er body overnight. If a current Minnesota Department of Natural Resources Fishhouse License is not obtained for the structure, the structure must be removed from the property within 60 days. D. Proximity to Principal Structure. Accessory buildings shall maintain a six (6) foot setback from the principal structure. An accessory building or structure will be considered as an integral part of the principal building if it is located six (6) feet or less from the principal structure. E. Storage or Tool Sheds. One storage or tool shed as defined in this section may be placed on any lot in addition to the permitted number of accessory buildings , provided it complies with the maximum area requirements of the zoning district, and a principal structure exists on the lot. F. Exempt Structures. The following residential improvements shall be exempt from the maximum allowed structure size and number requirements in residential districts: 1. Unenclosed playhouses 2. Gazebos up to a total of 120 square feet in size and a maximum of twelve (12) feet in overall height 3. Detached decks over thirty (30) inches in height up to a total of 120 square feet in size 4. Outdoor swimming pools 5. Patios 6. Tennis and sport courts 7. Structures, sheds or coops up to a total of two hundred (200) square feet in size used to house permitted animals, such as chickens, horses, or other livestock. These structures must not exceed twelve (12) feet in height and must meet all required setbacks per MPCA guidelines and the City’s animal ordinances. 8. Water oriented accessory structures as permitted in accordance with the City’s Shoreland Ordinance. SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 405: Accessory Uses and Structures to read the following: 3 A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. B. Incidental to Principal Use. The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served. C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. D. Function. The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. E. Location. The accessory use or structure shall be located on the same zoning lot as the principal use or structure. F. Exemption. Fish houses as defined in this Code and located in the RS Rural Single Family District are exempt from this requirement provided the following criteria are met: must be located on a lot half acre in size or more with direct access to a water body; is 120 square feet or less; and complies with Shoreland regulations and RS Rural Single Family setback requirements. One fish house per lot may exist without a principal structure. The structure must maintain a current Fishhouse license with the Minnesota Department of Natural Resources regardless if it is left on a water body overnight. If a current Minnesota Department of Natural Resources Fishhouse License is not obtained for the structure, the structure must be removed from the property within 60 days. SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 404: Accessory Structures, Rural Districts., Subd. D to read the following: D. Structure Location, Rural Districts. No detached garages or other accessory buildings shall be located nearer to the front lot line than the principal building on that lot. SECTION 5. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the Cit y of Lake Elmo. SECTION 6. Adoption Date. This Ordinance 08-___ was adopted on this _____ day of ________, 2016, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL ______________________________ Mike Pearson, Mayor 4 ATTEST: _______________________________ Julie Johnson, City Clerk This Ordinance 08-____ was published on the ____ day of ___________________, 2016. Resolution 2016-____ Page 1 of 2 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-__ RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-___ BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-___, an ordinance to amend the City’s Accessory Structure Ordinance; 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-___ 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-___, which amends the Lake Elmo City Code of Ordinances by amending the following:  Title I: General Provisions; Chapter 11: General Code Provisions by adding a definition of fish house.  Title XV: Land Usage; Chapter 154: Zoning Code; Article 5. General Regulations; Section 213: Accessory Buildings and Structures, Generally; Subd. B: Definitions and Subd. D: Principle Structure Necessary by:  Adding a definition of fish house.  Adding an exemption for fish houses, with certain standards, to the accessory structure requirement that a building permit be issued for a primary structure before an accessory structure or use can exist on a lot.  Amending the definition of “Storage or Tool Shed” by changing the defined size Resolution 2016-____ Page 2 of 2 from 160 square feet to 200 square feet to align with MN State Building Code and specifying in the definition that it must comply with the maximum area requirements of the zoning district, providing a principal structure exists on the lot.  Title XV: Land Usage; Chapter 154: Zoning Code; Section 405: Accessory Uses and Structures by striking the language that allows an accessory structure to be located nearer the front lot line than the primary structure “by Resolution of the City Council.” The full text of Ordinance No. 08-___ 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: June 21, 2016 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ Julie Johnson, City Clerk (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. Rural Single Family Lots - No Principal Structure - Adjacent to Lake E Indicates parcels 0.5 acres or more, located in the Rural Single Family Zoning District, on which a principal structure is not currently located and according to Washington County data. PLANNING COMMISSION DATE: 6/13/2016 ITEM #: 4c-PUBLIC HEARING CASE # 2016-17 AGENDA ITEM: Exempting Fish Houses from requirement that no accessory structure be constructed prior to principal structure on a lot and other amendments to accessory structure ordinance. SUBMITTED BY: Emily Becker, Planner REVIEWED BY: Stephen Wensman, Planning Director SUMMARY AND BACKGROUND: Staff is recommending the Planning Commission hold a public hearing and make a recommendation to the City Council on three changes pertaining to accessory structures. The first amendment pertains to fishhouses. At its May 3, 2016 meeting, City Council directed Staff to amend the City’s Accessory Structure ordinance to exempt “fish houses” that are 120 square feet or less in size from the requirement that principal structures be constructed or accessory use be located on lots prior to accessory structures in the Rural Single Family Zoning District. The request was made due to a significant number of non-conforming lot sizes in the Rural Single Family Zoning District upon which a house would likely not meet setback requirements. Because a significant number of these lots could not be built upon without first obtaining a variance , the request was made so that these lots could be utilized for the recreational purpose a fish house would allow. Accessory structures are not allowed to be erected prior to the existence of or issuance of a building p ermit for a principal structure and variances cannot remedy the situation, so the only remedy is by a text amendment. The second amendment pertains to Section 154.406, Subd. D, an exception provision that allows accessory structures to be located nearer to the front lot line than the principal structure. Staff is recommending the Planning Commission strike out the exception in Section 154.406, Subd. D by Resolution of the City Council. Staff believes the exception is a defacto variance without findings. The City Attorney has also given support for this amendment. The variance process is the appropriate mechanism to grant such exceptions. . And the third amendment is an amendment to the definition of “Storage or Tool Shed” in Section 154.213. Staff recommends amending the defined size of the shed from 160 square feet to 200 square feet to align with MN State Building Code. ISSUE BEFORE PLANNING COMMISSION: The Planning Commission should consider the following: Planning Commission Meeting June 13, 2016 Public Hearing Agenda Item #4c Page 2 1) If fish houses, with certain provisions, should be exempt from the requirement that principal structures be constructed on lots prior to accessory structures in the Rural Single Family Zoning District. 2) If the language in Section 154.406, Subd. D of the Zoning Code that allows accessory structures to be located nearer to the front lot line than the principal structure by Resolution of the City Council should be stricken. Striking this language will require applicants to go through the variance process. 3) If the definition of “Tool Shed” in Section 154.213, Subd B, should be amended to changing the defined size from 160 square feet to 200 square feet to align with MN State Building Code , and adding Tool shed to the list of structures exempt from the maximum allowed structure size and number requirements in residential districts. PROPOSAL DETAILS/ANALYSIS: Fish House Exemption: Definition. The definition of water-oriented accessory structure or facility in Lake Elmo’s City Code lists fish houses as an example of such a structure. Water-oriented accessory structures are exempt from setback regulations of the Shoreland Overlay District if certain provisions are met including not exceeding a height of ten feet, not being over 250 square feet in size, being set back at least ten feet from the Ordinary High Water Level (OHWL) on a recreational development lake and 50 feet from the OHWL on a natu ral environment lake, being treated to reduce visibility as viewed from public waters, must not be used for human habitation or contain water supply or sewage treatment facilities. The Code does not currently clearly define fish houses. Restriction. Because fish houses are classified as accessory structures, regulations of accessory structures must be met. The Shoreland Ordinance allows only one water oriented structure per lot. By City Code, no accessory structure can be constructed or accessory use be located until a building permit has been issued for a primary structure on a lot. The Code provision is typical in cities in order to maintain control over use of properties for storage and to protect the City against a proliferation of unwanted storage structures. Logic Behind Zoning District Restriction. Staff recommends that if an exemption for fish houses from the requirement of a principal structure is considered, the exemption should be restricted only to the RS - Rural Single Family Zoning District for a number of reasons. First, there are a number of lots in this zoning district that are non-conforming, and on which a house could not be built without a variance. Additionally, many of the lots in the RS District are located adjacent to a lake, and allowing fish houses to exist on lots without primary structures would allow owners who do not wish to construct a primary structure to enjoy recreation on the lake without having to haul their fish house to the lake each winter season. Potentially-Affected Parcels. There are currently 221 parcels located in the Rural Single Family District on which a principal structure does not exist. 191 of these parcels are non-conforming lots in that they do not comply with the 1.5 acre minimum lot size the Rural Single Family Zoning District requires. A map is included as an addendum to this report to illustrate the locations of these parcels. Regulation. Fish houses are considered accessory structures and therefore will require a Certificat e of Zoning Compliance, as any accessory structure located on a property that does not require a building permit Planning Commission Meeting June 13, 2016 Public Hearing Agenda Item #4c Page 3 requires this Certificate. It is at this time that Staff will be able to determine if most of the requirements of a fish house outlined in its definition are met. Of course, some requirements will not easily be determined, and there may be need for code compliance investigations if complaints are received or it is observed by the City that a property is in violation. Potential Impacts. There are a number of potential impacts that may result from allowing fish houses to exist on parcels without primary structures. First, fish houses may be used solely as storage. Even though the definition outlines that they may not be used for storage, it is hard to know and regulate what occurs inside a structure that is not viewable from the street without going through the proper processes. Also, the design of fish houses is not regulated nor do they require a building permit, so the appearance, safety and durability of the structure are at risk. Section 154.406 of the Zoning Code requires that accessory structures are required to be similar or compatible with the design and construction of the principal building, but without a principal building, there is nothing by which its exterior appearance can be regulated. Additionally, it is hard to regulate fish houses from being used as dwellings, even though the definition does not allow this. On the other hand, allowing fish houses to be constructed/located on a lot without a primary structure would increase the utility of the lot for the owner without them having to go through a variance process and constructing a primary structure and could potentially benefit neighboring properties as adjacent lots can remain mostly vacant, increasing their peace and privacy. The extra requirements; that a fish house is located on a lot with direct access to a water body; maintains a current license with the Minnesota Department of Natural Resources regardless if it is left on a water body overnight; is 120 square feet or less; and complies with Shoreland regulations and RS Rural Single Family setback requirements, are intended to limit some of the potential impacts. Requiring the Variance Process for an Accessory Structure to be Located Nearer to the Front Lot Line than the Principal Structure: Variance Process. The Board of Adjustment has the power to grant variances to the provisions of this chapter under certain procedures and standards. All requests for variances shall be reviewed in accordance with the required findings. A public hearing is to be held by the Planning Commission, after which findings are considered and a recommendation is made to the Board of Adjustment. The current process of allowing accessory structures to be located nearer the front lot line than the principal structure does not follow this process outlined in Section 154.109: Variances of the Zoning Code. History. Since 1993, Staff has found that approximately 29 approvals for accessory structures to be located nearer to the front line than the principal structures have been made by Resolution of City Council. Storage or Tool Shed Definition: This ordinance amendment was an opportunity to fix the definition of “Storage or Tool Shed” to align the square footage in the definition to the square footage threshold in the Building Code where building permits are required. Below 200 square feet, no building permits are required. In addition, the current text allows one Storage or Tool Shed per property in addition to the number of allowed accessory structures, but does not exempt them from the square footage requirements. The text and application of this is confusing and has not been correctly administered by Staff as a result. To remove the confusing language, Storage or Tool Sheds will be added to the structures exempt from the maximum allowed structure size and number requirements in residential districts. Planning Commission Meeting June 13, 2016 Public Hearing Agenda Item #4c Page 4 FISCAL IMPACT: Allowing fish houses to be located on lots in the absence of principal structures may increase the amount of time Staff spends in response to code compliance complaints as fish houses may be used for storage or habitation as is not allowed per the proposed ordinance. Requiring the variance process for accessory structures to be located nearer to the front line than the principal structure may increase the amount of time Staff spends on such requests, though the cost of a variance is much higher than the cost of the request of Resolution by City Council ($750.00 vs. $200.00, respectively). The change may also reduce the number of requests. RECOMMENDATION: Staff recommends that the Planning Commission hold a public hearing and recommend approval to Ordinance ____ with the following motion: “Move to recommend the City Council approve Ordinance __ pertaining to fishhouses, the exception to 154.406, Subd. D, and the definition of “Storage or Tool Shed.” ATTACHMENTS:  Draft Ordinance Amendment.  Quick notes on other cities’ fish house requirements.  Map depicting potentially affected parcels (fish house). 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY EXEMPTING FISH HOUSES FROM REQUIREMENT THAT NO ACCESSORY STRUCTURE BE CONSTRUCTED PRIOR TO PRINCIPAL STRUCTURE ON LOT AND STRIKING LANGUAGE THAT ALLOWS ACCESSORY STRUCTURES TO BE LOCATED NEARER TO THE FRONT LINE THAN PRINCIPAL STRUCTURES BY RESOLUTION OF THE CITY COUNCIL SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions by adding the following definition: FISH HOUSE. A water-oriented structure meant to provide periodic shelter during the winter months while atop a frozen lake for use in fishing. A structure will be considered a fish house only if it is constructed with sleds, wheels or similar means to allow transport on to a frozen lake; is not used on land for human habitation; and is not used for boat storage. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article 5. General Regulations; Section 213: Accessory Buildings and Structures, Generally; Subd. B: Definitions and Subd. D: Principle Structure Necessary to read the following: B. Definitions. The following words, terms and phrases, when used in this section, and all sections pertaining to accessory buildings or structures, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Agricultural Farm Building. An accessory building used or intended for use on an active commercial food-producing farm operation of more than 20 acres. A Minnesota Pollution Control Agency permit may be required. Detached Domesticated Farm Animal Building. A 1-story accessory building used or intended for the shelter of domestic farm animals and/or related feed or other farm animal supportive materials. The building may require a Minnesota Pollution Control Agency feedlot permit in addition to site and building plan approval. Fish House. A water-oriented structure meant to provide periodic shelter during the winter months while atop a frozen lake for use in fishing. A structure will be considered a fish house only if it is constructed with sleds, wheels or similar means to allow transport on to a frozen lake; is not used on land for human habitation; and is not used for boat storage. Detached Residential Accessory Building. A 1-story accessory building primarily used or intended for the storage of automobiles and other miscellaneous equipment. No door or other access opening shall exceed 14 feet in height. Storage or Tool Shed. A 1-story accessory building of less than 160200 square feet gross area with a maximum roof height of 12 feet . 2 C. Permit Required. All accessory building and structures require either a certificate of zoning compliance or a building permit as determined by the Minnesota State Building Code. D. Principal Structure Necessary. No accessory building of structures shall be constructed nor accessory use located on a lot until a building permit has been issued for the principal structure to which it is accessory. Fish houses as defined in this Code and located in the RS Rural Single Family District are exempt from this requirement provided the following criteria are met: must be located on a lot with direct access to a water body; must maintain a current Fishhouse license with the Minnesota Department of Natural Resources regardless if it is left on a water body overnight; is 120 square feet or less; and complies with Shoreland regulations and RS Rural Single Family setback requirements. One fish house per lot may exist without a principal structure. E. Proximity to Principal Structure. Accessory buildings shall maintain a six (6) foot setback from the principal structure. An accessory building or structure will be considered as an integral part of the principal building if it is located six (6) feet or less from the principal structure. F. Storage or Tool Sheds. A storage or tool shed as defined in this section may be placed on any lot in addition to the permitted number of accessory buildings. F. Exempt Structures. The following residential improvements shall be exempt from the maximum allowed structure size and number requirements in residential districts: 1. Unenclosed playhouses 2. Gazebos up to a total of 120 square feet in size and a maximum of twelve (12) feet in overall height 3. Detached decks over thirty (30) inches in height up to a total of 120 square feet in size 4. Outdoor swimming pools 5. Patios 6. Tennis and sport courts 7. Structures, sheds or coops up to a total of two hundred (200) square feet in size used to house permitted animals, such as chickens, horses, or other livestock. These structures must not exceed twelve (12) feet in height and must meet all required setbacks per MPCA guidelines and the City’s animal ordinances. 8. Water oriented accessory structures as permitted in accordance with the City’s Shoreland Ordinance. 9. One Storage or Tool Shed per residential lot. SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 405: Accessory Uses and Structures to read the following: A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. B. Incidental to Principal Use. The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served. C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. 3 D. Function. The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. E. Location. The accessory use or structure shall be located on the same zoning lot as the principal use or structure. F. Exemption. Fish houses as defined in this Code and located in the RS Rural Single Family District are exempt from this requirement provided the following criteria are met: must be located on a lot with direct access to a water body; must maintain a current Fishhouse license with the Minnesota Department of Natural Resources regardless if it is left on a water body overnight; is 120 square feet or less; and complies with Shoreland regulations and RS Rural Single Family setback requirements. One fish house per lot may exist without a principal structure. G. If a current Minnesota Department of Natural Resources Fishhouse License is not obtained for the structure, the structure must be removed from the property within 60 days. SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 404: Accessory Structures, Rural Districts., Subd. D to read the following: D. Structure Location, Rural Districts. No detached garages or other accessory buildings shall be located nearer to the front lot line than the principal building on that lot . unless, by Resolution of the City Council, an exception is made to permit a detached garage or accessory structure nearer the front lot line than the principal building. SECTION 5. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 6. Adoption Date. This Ordinance 08-___ was adopted on this _____ day of ________, 2016, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL ______________________________ Mike Pearson, Mayor ATTEST: _______________________________ 4 Julie Johnson, City Clerk This Ordinance 08-____ was published on the ____ day of ___________________, 2016. Pequot City: 102. Fish House. A structure placed on a lake during the winter for use in fishing. A structure will only be considered a fish house if it is 160 square feet or less, is moveable and has a current license. Oronoco: Defines gazebos, screen houses, fish houses, pump houses, and detached decks as accessory structures Brianerd: Water-oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 515-17-2: Dwelling Unit Restriction. No cellar, garage, tent, travel trailer, motor home, fish house, basement with unfinished structure above, or accessory building shall at any time be used as a dwelling unit. Mounds View: Ordinance allows the storage of fish houses in residential front yard areas. East Bethel: Fish houses shall be included in the calculation of the gross maximum square footage for detached accessory structures. No more than one fish house shall be permitted on a lot. Fish houses must meet all required accessory structure setbacks. Chanhassen: Water-oriented structures (e.g. boathouses, gazebos, screen houses, fish houses, etc.) must maintain the minimum 10-foot setback from the ordinary high water mark. Water-oriented structures are permitted to be a maximum of 250 sq. ft., 10 ft. in height, and must not occupy more than 30% of the rear yard. INWOOD 38TH HYTRAIL JAMLEY 55TH 59TH 50TH 3RDSTREET 59TH LAKEJANE 38TH 50TH 32ND JACKPINE HILLTOP DEERPOND JAMACA HYTRAIL HIDDENBAY 38TH 59TH IVY LEGION HILLTOP KELVIN 34TH 59TH 11TH IRONWOOD LAKEJANE ISLE JAMACA DEMONTREVILLETRL 12TH KELVIN LANSING 38TH JANE LEGION INWOOD 3RDSTREET HILL DEERPOND 36TH JAMACA 33RDSTREET HILL LAKE ELMO 10TH DEMONTREVILLE 12TH 59TH KRAFT 32ND LAKEJANE JAMACA LAKEJANE 39TH 42ND LAKE ELMO 31ST LEEWARD JAMLEY JANE JEROMEAVE 30TH 55TH LAKEJANE DEMONTREVILLE IRISH JAMLEY HIGHLANDS 38TH HILL IRONWOOD LEGION 36TH JANERO 20TH STREET KELVIN HYTRAIL LAKEJANE IVY JASPER 55TH 55TH 27TH STILLWATER JAMACA HYTRAIL HILLTOP 27TH 53RD HILLTOP 32ND HIGHLANDS HIDDENBAY JAMACA IRISH KELVIN LAVERNE IRISH ISLE JANE UPPER33RD 12TH KLONDIKE 55TH JANE JANE JAMACA LAKEJANE HILLTOP STILLWATER LAKE ELMO 53RD 59TH LAKEELMO 36TH JAMLEY DEMONTREVILLE IVY JAMACA LAKEELMO LAKE JANE HILLTOP HILL ISLE STILLWATER HILLTOP JEROME HILL 31ST LEEWARD 3RDSTREET 35TH LEGION 50TH LAKEJANE JANE 39TH JAMACA 50TH LEGION IRVIN DEERPOND 3RDSTREET JANERO 24THSTREET 42ND LAKEJANE 53RD IVY JAMLEY DEMONTREVILLE LAMPERT IRISH LEEWARD LEGION DEERPOND LAKEELMO JANE 39TH JEROME 39TH HILL 39TH 36TH JANEHILL INNSDALE HIGHLANDS JANE 31ST 42ND HILL 59TH 39TH LEEWARD 39TH DEMONTREVILLE 10TH JANE STILLWATER 35TH JAMACA JAMACA JAMACA 33RD JAMLEY 38TH DEMONTREVILLE OLSONLAKE 36TH STILLWATER LEGION LN DEMONTREVILLE 24TH 39TH STILLWATER 3RDSTREET HILLTOP 38TH JANE HIGHLANDS HILLTOP JANE LISBON ISLE STILLWATER LAMPERT JAMACA BIRCHBARK JAMACA LAKEELMO LEGION MANNING HIGHLANDS STILLWATER HILLTOP HILL LAKEJANE LAKE ELMO LAKEJANE 42ND 30TH ISLE JANE LAKE ELMO HILL LEGION 12TH IVY 59TH 50TH LISBON JAMACA JEROME HIDDENBAY JAMACA HIGHLANDS LAKEELMO STILLWATER LAKEJANE JAMACA HILLTOP 31ST LAKEELMO LAKEELMO OLSONLAKE JAMACA STILLWATER 53RD 37TH 42ND 20TH HIGHLANDS HILLTOP HIGHLANDS JAMACA 30THKLONDIKE HILLTOP LAKEJANE 50TH 39TH 31ST 21ST LEGION IRVIN 59TH HILLTOP 27TH LEGIONLANE HILL 50TH 24THSTREET 37TH OLSONLAKE 59TH LAKEJANE HIGHLANDS JANE 12TH 31ST JANEJANE STILLWATER 3RDSTREET JEROME 3RDSTREET LEGION JAMACA LAKEELMO 59TH JANERO 35TH HILL 32ND LAKE ELMO JANE JAMACA JAMACA KLONDIKE LAKEELMO HIDDENBAY DEMONTREVILLETRL HIDDENBAY LEGION LAVERNE 59TH 35TH JANE JEROMEAVE JANE 3RDSTREET LAYTON JAMACA HILL LAVERNE LAKEJANE IDEAL INWOOD LAKEELMO LAKEJANE LEGION 31ST DEMONTREVILLE JAMLEY HILL 31ST STILLWATER LAKEJANE JAMACA DEMONTREVILLETRL HIGHLANDS 39TH HIDDEN BAY 42ND 53RD 38TH JANE KLONDIKE JANE JANE HILL LAKEELMO 20TH 38TH 27TH LAKEELMO 31ST OLSONLAKE JANE LAKEELMO JANE LAKEELMO HILL 12TH 38TH 35TH 27THSTREET IRVIN JANE LAKEELMO ISLE MANNING JEROME HIGHLANDS DEMONTREVILLE JEROME JAMACA 34TH HYTRAIL IVY 59TH 30TH IRVIN LEGION 55TH JANE LEGION JANE 24TH HILLTOP DEMONTREVILLE 24THSTREET 27TH 38TH HILL 37TH JAMACA LAYTON BIRCHBARK 11TH LAKEELMO 32ND HIGHLANDS 33RD LAKEELMO LAKEJANE 31ST 53RD 20THSTREET 53RD 50TH STILLWATER JANE JAMACA LAKEELMO 37TH LEGION JAMACA LAKEJANE HYTRAIL 34TH 32ND IRVIN DEERPOND JAMACA LAKEELMO LISBON DEMONTREVILLE ISLE 30TH DEERPOND LAMPERT LAKEJANE LAKEJANE 50TH 42ND 33RD JEROMEAVE LAKEELMO DEERPOND ISLE LAKE ELMO STILLWATER JANE 53RD JAMACA HILL DEERPOND 53RD 28TH JANE 32ND JANE IRVIN LAKEELMO JAMACA LEEWARD 21ST IVY 39TH KELVIN ISLE LAKE ELMO HILL HIGHLANDS LANSING LAKE ELMO LAKEJANE LEGION LEGION IRVIN DEMONTREVILLE 32ND HYTRAIL LAKE ELMO DEERPOND LAYTON HILLTOP DEMONTREVILLE JACKPINE 3RDSTREET HIDDENBAY HIDDENBAY 20TH JAMACA ISLE IDEAL HIDDENBAY 21ST 28TH LEGIONSTILLWATER JACKPINE 12TH DEERPOND HYTRAIL ISLE LAKEJANE JEROMEAVE LAYTON 31ST LISBON INNSDALE LAKEELMO 39TH JASPER HILL LEGIONLEGION LAKEELMO HILLTOP 36TH 59TH LEGION JAMACA 59TH 39TH HILL LEEWARD LAKEELMO LEGION 35TH DEERPOND HIGHLANDS IRISH 39TH HILLTOP LEGION 27THSTREET 42ND LEGION BIRCHBARK JAMLEY JAMACA LEGION 39TH 42ND ISLE 38TH BIRCHBARK STILLWATER 20THSTREET HILLTOP DEMONTREVILLETRL JANE LEGION HIDDENBAY 31ST IRISH LEGION LAKEELMO IRONWOOD IRVIN 31ST OLSONLAKE HILL IRONWOOD LEGION HILL TRL 59TH LEGION 31ST 50TH JAMACA 59TH HILLTOP OLSONLAKE IRVIN HIGHLANDS 21ST JAMACA JANE IRVIN JAMACA HILL MANNING 10THSTREET 30TH HIGHLANDS 11TH DEERPOND JANE INNSDALE JAMLEY JAMACA DEMONTREVILLETRL 55TH 28TH LAKEELMO STILLWATER JAMACA 32ND 55TH KELVIN JAMACA 59TH DEMONTREVILLE 3RDSTREET HILL HIGHLANDS 27TH 55TH 27THSTREET LAVERNE 24TH 59TH 38TH HILL JAMACA LAKEELMO HIGHLANDS 59TH LAKEELMO HILLTOP HILL LAKEJANE 30TH HILL 42ND OLSONLAKE HYTRAIL HILL LAVERNE 38TH OLSONLAKE IRVIN HIGHLANDS HIDDEN BAYWINDBREAK DEMONTREVILLE 59TH 38TH 31ST HILLTOP 11TH LAKE ELMO JACKPINE LAKEELMO 24TH HIGHLANDS JANE LAKEJANE BIRCHBARK KELVIN HILL 3RDSTREET JANE LEGION 20TH LEGION LAVERNE 42ND LEGION 42ND IRISH STILLWATER 31ST HIDDENBAY 38TH 27TH DEERPOND LANSING LAKEELMO HILLTOP LAKEELMO BIRCHBARK 42ND 37TH 37TH 50TH 42ND STILLWATER 24TH LAKEJANE STILLWATER 11TH 27TH IRONWOOD LAKEELMO BIRCHBARK 27TH DEMONTREVILLE HILL JAMLEY JASPER JAMACA HIGHLANDS JEROME LAYTON 27TH 38TH STILLWATER JEROMEAVE OLSONLAKE HIDDENBAY LAKEELMO DEERPOND 28TH HILL LEGION LEGION LAKEJANE 53RD LAYTON 27TH LEGION24THSTREET STILLWATER LAKEJANE LAKEJANE 12TH 21ST LEGION 59TH LAKEJANE LAKEELMO LAVERNE 59TH JAMACA LEGION LAKEJANE 10THSTREET 27TH 24TH 42ND IRONWOOD JANE 37TH LEEWARD HYTRAIL 12TH LEGION DEERPOND JAMACA LEGION 10THSTREET HILLTOP STILLWATER STILLWATER 3RDSTREET DEMONTREVILLE HIGHLANDS 30TH HIDDENBAY 21ST ISLE DEMONTREVILLE KELVIN 53RD JEROMEAVE 32ND HIGHLANDS 20TH HILLTOP 35TH 39TH 55TH DEERPOND HIGHLANDS ISLE 32ND 12TH LAKEJANE 59TH IRVIN KLONDIKE HIDDENBAY 36TH LAKEELMO LAKEJANE JANE 35TH DEMONTREVILLE HILLTOP 12TH JANE 36TH HIGHLANDS DEERPOND HIDDENBAY HIGHLANDS IRISH ISLE HIGHLANDS LAKEJANE LAKEJANE 50TH STILLWATER JAMACA LAKEELMO HYTRAIL LANSING OLSONLAKE LAKEJANE 30TH 27TH LISBON JANE JAMACA 3RDSTREET HILLTOP LEGION 39TH 53RD LAKEJANE JANE LAYTON 27TH JAMACA 27THSTREET LEGIONLANE 32ND 32ND LEGION 3RDSTREET INNSDALE LAKEJANE 12TH 31ST JAMACA 32ND LAKEJANE LAMPERT MANNING HILL HIGHLANDS 28TH 50TH HIGHLANDS IVY 55TH JAMLEY ISLE 38TH LAKEELMO JAMACA 42ND HIGHLANDS JANE STILLWATER HIDDENBAY KLONDIKE LAKEJANE 33RD HILL JAMACA KRAFT LAKE ELMO HILL DEERPOND KLONDIKE JAMLEY ISLE HILL INWOOD JANE HILL HILL LEGION OLSONLAKE HILL 36TH 32ND JAMACA LEEWARD HIDDENBAY HILL LAVERNE 32ND ISLE LEEWARD 33RDSTREET 10TH JEROME HILL 10THSTREET LAKEELMO 27TH JAMLEY 36TH 30TH LAKEJANE OLSON LAKE LAKEJANE 3RDSTREET LEGION LN 42ND JAMACA LISBON LEGION 35TH LAKEJANE 39TH JEROME JANE 55TH 42ND JANE 59TH 53RD LAYTON JANE JAMACA LANSING JANE HIGHLANDS KELVIN OLSONLAKE 55TH DEMONTREVILLE LAYTON 59TH 31ST HILL 31ST LAKEJANE HYTRAIL LEGION IVY IRONWOOD JAMACA DEMONTREVILLE IRONWOOD 31ST KRAFT 31ST DEERPOND HYTRAIL JEROME HILL JAMACA OLSONLAKE JANE LAKEJANE JANE LAKEJANE LAKEELMO LAKEELMO MANNING IRONWOOD WINDBREAK DEMONTREVILLE JANE 49TH LAKEELMO JASPER LAKEJANE OLSONLAKE MANNING 12TH IRISH HILL TRL LAVERNE JAMACA 38TH 20TH KELVIN HYTRAIL LAKEELMO KLONDIKE LAKEELMO 32ND LEGION LAKEELMO JAMLEY BIRCHBARK LAKEELMO LAKEELMO LAYTON 31ST JASPER IRVIN JANE 27TH JAMACA LEGION 42ND 20TH LAKE ELMO JANE HILLTOP LAYTON HIDDENBAY JAMACA 12TH JANE HIDDENBAY KRAFT ISLE 39TH ISLE HYTRAIL LAKEJANE LAVERNE LAKEJANE 50TH DEMONTREVILLETRL 3RDSTREET STILLWATER 50TH LAKEJANE HIGHLANDS 59TH HIDDENBAY HIGHLANDS JAMACA 37TH HILL INNSDALE 39TH HIGHLANDS ISLE 53RD IRONWOOD 35TH 55TH IRISH JEROME JAMACA LAKEELMO HIDDENBAY IDEAL 38TH JAMLEY HIDDENBAY 34TH 27THSTREET KRAFT 32ND LAKEELMO IRONWOOD LAKEJANE LAKEELMOLAKEELMO 31ST LEGION LAYTON DEERPOND LAMPERT 32ND LAKEJANE 34TH STILLWATER LAKEELMO DEERPOND LAKEELMO JAMACA LAKEELMO IRONWOOD LAVERNE LAKEELMO LANGLY STILLWATER DEMONTREVILLE JANE HIDDENBAY BIRCHBARK DEERPOND 34TH LAVERNE LAKEJANE JEROME LAYTON STILLWATER LAVERNE IRONWOOD 37TH IRONWOOD HILL LAKEELMO IRONWOOD HILL LAKEELMO JACKPINE JAMACA LAKEELMO HIDDENBAY LEGION 37TH 32ND DEMONTREVILLE HIDDENBAY HIDDENBAY DEERPOND HIDDENBAY DEMONTREVILLETRL 37TH HIDDENBAY JAMACA UPPER33RD INWOOD LAKEJANE DEMONTREVILLE 27TH 32ND LAKEJANE LAKEJANE DEMONTREVILLE LAKEJANE LAKEELMO KRAFT LAKEELMO LISBON DEMONTREVILLE OLSONLAKE 31ST JAMLEY HIDDENBAY 32ND32ND 28TH HIGHLANDS HIGHLANDS HIDDENBAY LAKEELMO JAMACA 27TH JAMLEY HIDDENBAY LEGION JACKPINE LAYTON IRONWOOD 31ST INWOOD HIGHLANDS HIGHLANDS KRAFT 33RDSTREET DEERPOND LEGION CHERRYWOOD DEMONTREVILLE UPPER33RD LAVERNE IRONWOOD JAMACA HIDDENBAY JANE 27TH LAYTON JAMACA HILL LAYTON JACKPINE 50TH 3RDSTREET 31ST 32ND HILLTOP 27THSTREET LAVERNE OLSONLAKE OLSONLAKE HIDDENBAY 30TH 27THSTREET LAVERNE JAMLEY 37TH JAMLEY JANE LAKEJANE HYTRAIL STILLWATER 24THSTREET 27THSTREET 31ST 30TH IRONWOOD BIRCHBARKOLSONLAKE 31ST LAKEELMO LAKEELMO HIDDENBAY LAKEELMO HIGHLANDS LAKEJANE STILLWATER STILLWATER JANERO 27THSTREET LAYTON 50TH HIGHLANDS DEMONTREVILLE JANE DEMONTREVILLE 32ND OLSONLAKE JANE LAVERNE HIDDENBAY JANE LEGION LAKEELMO LAKEJANE HIDDENBAY BIRCHBARK JAMACA JAMACAJAMACA 39TH LAKEELMO 50TH HILLTOP IRONWOOD HIGHLANDS LAKEJANE LAKEJANE 33RD WINDBREAK HIDDENBAY LAKEJANE 32ND DEMONTREVILLETRL DEERPOND DEERPOND IRISH LAVERNE 35TH LAKEJANE 32ND LAKEELMO LAKEELMO HILLTOP 20THSTREET HILLTOP DEERPOND 27TH JACKPINE STILLWATER 42ND 27TH JANE KRAFT 32ND HILL DEMONTREVILLE 37TH LAKEJANE CHERRYWOOD 28TH LEGION DEMONTREVILLE HILLTOP STILLWATER 31ST LAKEJANE HIGHLANDS 32ND INWOOD OLSONLAKE HIDDENBAY IRONWOOD 30TH 32ND 50TH LAVERNE LAVERNE IRONWOOD LAKEELMO WINDBREAK 10THSTREET LAKEJANE 24TH HIDDENBAY LAKEELMO 32ND HIDDENBAY JACKPINE LAKEELMO DEMONTREVILLETRL LAYTON DEERPOND DEERPOND LEGIONLANE OLSONLAKE 50TH DEERPOND 50TH BIRCHBARK HIDDENBAY IRONWOOD LAKEELMO LAKEJANE 31ST LAMPERT LEGION LAKEELMO CHERRYWOOD 30TH OLSONLAKE 32ND 33RDSTREET LAKEELMO LAMPERT 27THSTREET STILLWATER DEMONTREVILLE JAMACA LAKEJANE LAKEJANE 3RDSTREET LAYTON STILLWATER IRONWOOD LAKEJANE HIDDENBAY DEMONTREVILLE IRONWOOD HIDDENBAY LAKEJANE 31ST HIGHLANDS LAKEJANE HIDDENBAY 28TH DEERPOND 32ND 33RD HILL LEGION LANGLY 32ND DEMONTREVILLE LAKEELMO STILLWATER OLSONLAKE HIDDENBAY LAVERNE LAMPERT IRONWOOD LAKEJANE HIDDENBAY 30TH LAYTON DEMONTREVILLE 30TH LEGION DEMONTREVILLE KRAFT LEGION Rural Single Family Lots - No Principal Structure E Leg en d RS Parcels No Principal Structure acres 0.00193 1 - 0 .500000 0.50000 1 - 1 .000000 1.00000 1 - 1 .500000 1.50000 1 - 1 7.95630 7 All Rural S ingle Family (RS) Parcels Surrou ndin gParcels Source: Washington County5/9/2016 This map outlines parcels located in the Rural Single Family Zoning District on which a principal structure is not currently located. It also depicts the size of such parcels through color grading.