HomeMy WebLinkAboutPZ Packet; 06-9-08 cm W
LAKE City of Ia k e Elmo
ELM 0 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
Www.LakeElmo.Org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, June 9, 2008, at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. The May 28, 2008 minutes will be submitted for review at the next meeting.
4. Public Hearings
a. No Public Hearings
5. Old Business
a. Proposed Accessory Building Zoning Ordinance Amendments
6. New Business
7. City Council Updates
a. June 3, 2008
8. Adj ourn
Planning Commission
Date: 6/9/08
Not a public hearing
Item: 5a
ITEM: Accessory Building Regulations
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: Ben Gozola, Senior Planner
Kelli Matzek, City Planner
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to review proposed changes to the City's accessory building
regulations currently found in several different sections of the Zoning Ordinance. The Commission
previously provided direction to staff regarding these changes, and the next step in the process will be
conducting a formal public hearing prior to recommending adoption of these changes to the City Council.
The changes proposed can be summarized as follows:
• The RE District provisions (Section 154.058)will be amended to add accessory building setbacks
to the district table. The accessory building setbacks will mirror the requirements for a principal
structure.
• Language in all zoning districts will be amended to clearly state whether or not the dimensional
requirements apply to principal, accessory buildings, or both.
• The reference to roof height in Section 154.092, Subd. (A,2)will be removed. With this change,
all accessory building heights will be calculated in the same manner as principal buildings.
• The accessory building height in all districts will be amended to 18 feet (from either 14 feet or 20
feet depending on how it was interpreted). This figure is recommended by Staff as a balance
between the previous roof height requirement of 20 feet and the averaging that is allowed for
mansard, gable, hip, and gambrel style roofs.
• The definition for a tool shed has been revised to delete the statement related to roof height
(again, the general building height definition will apply). These types of structures will still have a
separate height requirement that is lower than other buildings.
• Accessory buildings in the Open Space Preservation District were previously allowed to be built
to a higher height than in other districts; this has also been changed to reflect a common height
across all residential zoning districts.
• The requirements for maximum building height and door height will include a note that these
limits apply to residential districts only.
• All language pertaining to size limits for the parking of passenger automobiles (found in Section
154.092, Subd. D) has been deleted.
• The remainder of Section 154.092, Subd. D has been left; however, it has been revised to clarify
that the building footprint will be used to calculate the size requirements for an accessory building
(not gross floor area). This revision also provides for a blanket statement across all districts that
an accessory building cannot exceed the size of a principal structure.
• Section 154.092 Subd. F and G have been amended to clarify that accessory buildings cannot
exceed the height of the principal building in any zoning district with the exception of agricultural
farm buildings and the exceptions to height listed elsewhere in the City Code.
• The table found in Section 154.093 has been updated to clarify the requirements for the smallest
lot sizes in R-1, RED, and OP districts and to remove existing language that states the size of
accessory buildings cannot exceed a principal structure. The revised statement in Section
154.092, Subd. D will now cover this requirement.
The Commission also asked for clarification concerning a few of the other regulations that are associated
with accessory buildings as follows:
• The Commission indicated that the stacking of space within an accessory building may be
appropriate (and possibly preferred) in some instances when the topography allowed such an
arrangement, both for attached and detached structures. Under the accessory building revisions
as drafted, the footprint of a structure would be used to calculate building size; therefore any
portion of a structure that is below grade would not count towards the size limitations. The
structure would still need to comply with the building height restrictions, which would require that
a building be constructed to a lower height than a structure that is built entirely at grade. Staff will
bring a diagram to the meeting that more clearly depicts how this might look using a typical
accessory building. It appears that the regulations as drafted should provide for some flexibility to
accommodate a two-tiered building in certain circumstances.
• The Commission asked for clarification concerning accessory uses within Open Space
Developments, for example, a community center in a historic barn. Although there is a not a
specific use included in the Open Space District use chart for these types of activities, the OP
District regulations do require that a plan be submitted for the preservation of historic structures
on the property. This plan is one of the mechanisms that could be used to permit such a use
within structures that are deemed historic. The OP district does allow cooperative gardening and
horticultural and floriculture services as permitted uses (which will be changed to agriculture,
suburban farms, and wayside stands under the recent amendments to agricultural uses that have
recently be recommended by the Planning Commission).
With the changes that have been made to the automobile parking size limits, there are no restrictions in
the proposed ordinance as drafted that would limit the size of an attached garage. At a minimum, the
code should specify that an attached garage cannot exceed the size of the other portions of a house
since by definition, the garage would no longer be "incidental and subordinate to"the main structure.
Since the Planning Commission previously has discussed this matter, Staff will ask for additional
clarification concerning its intent at the next meeting. Staff will also suggest some language for review
that could be added to the draft ordinance to address these concerns.
ADDITIONAL INFORMATION:
Staff will prepare diagrams for review at the meeting depicting how some of the proposed changes would
be implemented using some of the recent accessory building permits that have been approved by the
City.
Should the Planning Commission elect to move forward with the changes as documented by Staff in the
attached documents, the formal ordinance changes will be prepared for publication in advance of a public
hearing.
RECOMMENDATION:
Staff is recommending that the Planning Commission review the proposed Ordinance Changes, confirm
any final revisions to the Ordinances as drafted, and set a public hearing date for July 14, 2008 to
consider these amendments to the Zoning Ordiannce.
ATTACHMENTS:
1. Accessory Building Updates—Summary Table
2. Accessory Building Updates—Zoning Code Amendments
3. Building Height Diagram
ORDER OF BUSINESS:
- Introduction........................................................................Kyle Klatt, Planning Director
- Report by staff...................................................................Kyle Klatt, Planning Director
- Questions from the Commission ...................................Chair& Commission Members
- Action by the Planning Commission..............................Chair& Commission Members
Accessory Building Ordinance Updates
Summary Table
Proposed Changes to Existing Zoning Ordinance
TABLE 1 — SETBACKSMEIGHT
Accessory Bldg Setbacks AG AG RR RR R1 R2 R3 R4 RE OP OP
Ck&W An" Side TMdUW
Front 200 30 30 100 30 30 50 50 100 30 30
Side 200 10 10 100 10 10 20 20 50 15* 15*
Side Street 200 25 25 100 25 25 50 50 80 30 30
Rear 200 40 40 100 40 40 50 50 100 15* 15*
Rear(Garages, Boats, Storage, Tool) 200 10 10 100 10 10 20 20 100 15* 15*
Arterial Street 200 50 50 100 50 50 50 50 150 50 50
Height for residential districts 18 18 18 18 18 18 18 18 18 18 18
Max Door Height(for residential districts) 14 14 14 14 14 14 14 14 14 14 14
Number 2 2 1 1 1 1 1 1 1 1 1
* Or 10% of lot width, whichever is greater
Notes:
• Building height will be calculated in accordance with the definition in the City Code. References to maximum roof height
have been eliminated in the accessory building section that follows.
Accessory Building Ordinance Updates
Proposed Amendments to Sections 154.092 and 154.093
§ 154.092 ACCESSORY BUILDINGS AND STRUCTURES.
(A) Types of accessory buildings include storage or tool sheds; detached residential garage;
detached rural storage building; detached domesticated farm animal buildings; agricultural farm
buildings. The accessory buildings are defined as follows:
(1) STORAGE OR TOOL SHED. A 1-story accessory building of less than 160
square feet gross area with a maximum reef-height of 4-2-10 feet and exterior colors or material
matching the principal structure or utilizing earthen tones. No door or other access opening in the
storage or tool shed shall exceed 28 square feet in area.
(2) DETACHED RESIDENTIAL GARAGE. A 1-story accessory building used or
intended for the storage of motor driven passenger vehicles regulated in § 154.093 with a ma-x;mtt
,-eef height of 20 fee . No door or other access opening shall exceed 14 feet in height. The exterior
color, design, and materials shall be similar to the principal structure.
(3) DETACHED RURAL STORAGE BUILDING. A 1-story accessory building
used or intended for the storage of hobby tools, garden equipment, workshop equipment and the like.
Exterior materials shall match the principal structure in exterior color or be of an earthen tone.
(4) 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 shall require a Minnesota Pollution Control
Agency feedlot permit and site and building plan approval.
(Am. Ord. 97-38,passed 11-17-1998)
(5) 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.
(B) A tool shed as defined in this section may be placed on any lot in addition to the
permitted number of accessory buildings.
(C) No accessory building shall be constructed nor accessory use located on a lot until a
building permit has been issued for the principal building to which it is accessory.
(D) No aeeessefy building used or-ifitended for-the storage of passenger-atAemebiles shall
less,exeeed 1,000 square feet of gross area, nor-shall atly aeeess door-of other E) i A
10 feet, fier-shall any stmetur-e exeeed I story in height exeept when the gar-ages are leeated i
business, industrial or-p! ed unit developments. On par-eels of 20,000 square feet in area or
afe . The footprint of any detached accessory building shall not be larger than the footprint of the
principal building.
(E) An accessory building shall be considered as an integral part of the principal building if
it is located 6 feet or less from the principal building. The exterior design and color shall be the same
as that of the principal building or be of an earthen tone; the height shall not exceed the height of the
principal structure unless more restrictive portions of this chapter prevail.
(F) No accessory building i o al er-industfial dis4iet shall exceed the height of
the principal building.-except for agricultural farm buildings and the exceptions to building height listed
in Section 154.083.
(G) No aeeessei=y buildings in apaftmefft developments shall exeeed the height of the
pr-ineipal building.
(H) Accessory buildings in the commercial and industrial districts may be located to the rear
of the principal building, subject to the Building Code and fire zone regulations.
(I) No detached garages or other accessory buildings in residential districts shall be located
nearer the front lot line than the principal building on that lot, except in AG, RR, and R-1 Districts
where detached garages may be permitted nearer the front lot line than the principal building by
resolution of the City Council, except in planned unit developments or duster developments.
(Ord. 97-107,passed 4-16-2002)
(J) Accessory structures located on lake or stream frontage lots may be located between the
public road and the principal structure,provided that the physical conditions of the lot require such a
location and a resolution is issued. In no event shall the structure be located closer than 20 feet to the
public right-of-way.
(K) All accessory buildings over 35 square feet in area shall have a foundation, concrete
slab or wind anchor. Buildings larger than 100 square feet shall require a building permit regardless of
improvement value. Roof loads and wind loads shall conform to requirements as contained in the
Building Code.
(L) The required rear yard setbacks for detached residential garages, and storage, boat, and
tool sheds shall be a distance equal to the required side yard setback for each zoning district, except on
through lots when the required rear yard setback in each zoning district shall apply.
(M) Performance standards for detached agricultural buildings and domesticated farm
animal buildings on parcels of less than 20 acres shall include the following:
(1) Setbacks. All animal buildings, feedlots, and manure storage sites shall be set
back in accordance with the underlying zoning district regulations.
(2) Slopes. The building, feedlot, or manure storage shall not be placed on slopes
which exceed 13%.
(3) Water level. Evidence of the seasonally high groundwater level or mottled soil
(as established by 8-1/2 foot borings) shall not be closer than 6-1/2 feet to the natural surface ground
grade in any area within 100 feet of the proposed building and/or feedlot.
(4) Wetlands. No marsh or wetland(as established by the predominant wetland
vegetation and/or soils) shall be utilized for placement of the proposed structure, feedlot, or grazing
area.
(1997 Code, § 300.13 Subd. 3)
§ 154.093 NUMBER/SIZE OF ACCESSORY BUILDINGS.
The maximum number and size of accessory buildings permitted in each zoning district shall be
as follows. No accessory building shall be constructed unless there is adequate room for the required
secondary drainfield site.
Maximum Number and Size of Ac essory Buildings
Agricultural There shall be no limit on the size or number of accessory
buildings so long as the parcel is a nominal 40 acres or more,
and buildings are agricultural buildings as defined in §
154.092(A)(5).
Maximum Number and Size of Ac essory Buildings
Agricultural (Non-conforming)
Up to 10 acre Two buildings with a combined area not to exceed 2,000 square
feet
Over 10 acres but less than 40 acres Two buildings and the area of each building not to exceed 2,000
square feet
Rural Residential
Up to 10 acres One 2,000-square foot detached building, in addition to an
attached garage
Over 10 acres 15 Acres One 2,500-square foot detached building in addition to an
attached garage
Over 15 acres One 3,000-square foot detached building, in addition to an
attached garage
Residential-R-1, RED, and OP
n„vr 5,000 square feet b less than A combined 1,200 square feet total for both attached and
1 acre detached accessory structures or residential garage; the size e
the feetprint of the detaehed structure shall not exeeed the
of the foetpr-ii4 of the pfifnafy stmetufe
From 1 acre to 2 acres One 1,200-square foot detached residential, garage or building,
in addition to an attached garage
Over 2 acres One 1,300-square foot detached residential garage or building in
addition to an attached garage
(1997 Code, § 300.13 Subd. 4) (Am. Ord. 97-38, passed 11-17-1998; Am. Ord. 97-206, passed 12-11-
2007)
Accessory Building Ordinance Updates
Building Height Diagram
Highest Point
of Roof
Building Height
(Flat or Shed Roof)
Ridge
�1 Average Distance
Between Ridge and Eave
Eave Building Height
Gable, Hip or Gambrel Roof)
�Deckline
Building Height
Mansard Roof)