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HomeMy WebLinkAbout4. b. Front Yard Setback Amend.1 STAFF REPORT DATE: May 11, 2020 PUBLIC HEARING ITEM #: MOTION TO: Planning Commission FROM: Ken Roberts, Planning Director AGENDA ITEM: Zoning Code Amendment – Residential Front Yard Setbacks REVIEWED BY: Ben Prchal, City Planner Sarah Sonsalla, City Attorney BACKGROUND: City planning staff is proposing additions and changes to the zoning code about front yard setbacks for the residential zoning districts. The intent of the proposed changes are to allow property owners to build additions or accessory structures on residential properties in locations that meet or exceed the front yard setbacks of existing buildings, even if the proposed setback is less than the front yard setback required by the zoning district for that property. This item was scheduled for a public hearing on April 13, 2020 but was tabled to a future Planning Commission meeting due to the length of that meeting. ISSUE BEFORE THE PLANNING COMMISSION: The Planning Commission should review the proposed code changes, conduct the public hearing and then make a recommendation to the City Council about the proposed amended zoning code language. REVIEW AND ANALYSIS: City planning staff is proposing the zoning code changes about front yard setbacks to give more clarity and flexibility for the construction of additions and accessory buildings on lots with existing single-family dwellings. It is my expectation the proposed code change will benefit residential property owners by lessening their needs for setback variances while protecting the character of their neighborhood and the adjacent properties. Section 154.402, Lot Dimension and Setback Requirements (Rural Districts), Table 9-2, lists all the lot standards and setback requirements for construction in the RT, A, RR, RS and RE zoning districts. For example, the minimum front yard setback in the RE zoning district is 100 feet. Section 154.452, Lot Dimensions and Building Bulk requirements, Table 10-2, lists all the lot standards and setback requirements for construction in the LDR, MDR and HDR zoning districts. Staff has interpreted all the setback standards listed in the tables as the minimum setbacks for all building on a property – whether the proposal is for new construction on a vacant lot or for an addition to an existing dwelling. The Zoning Code does not now list any exceptions to these setbacks – even on lots with an existing structure. So if there was a single-family dwelling located in the RE zoning district with a front yard setback of 50 feet (instead of 100 feet as now required), the City would consider that building non-conforming and the City now requires any additions to such a building to meet the 100 foot front yard setback (unless the City was to approve a variance for a different front yard setback). This is a 2 limiting factor for such projects and thus many property owners may not pursue improvement or construction projects on their property. The attached proposed code amendment lists additional notes to Table 9-2 (rural districts) and to Table 10-2 (urban residential districts). This proposed code language outlines the possible exceptions to the front yard setback standards as set in each table for each zoning district. The proposed change is for the front yard setbacks for additions to existing single-family homes and for accessory structures on lots with single-family homes that have setbacks different than those listed in the Table for that district. For example, the proposed code amendment would allow the owner of an existing single-family home in the RE zoning district with a 50 foot front yard setback to put an addition on to their home if the addition would meet or exceed the existing, established setback of 50 feet without the need for City approval of a setback variance. This Code change would allow property owners more flexibility to construct additions and accessory structures than they currently have with the existing front yard setback standards. As such, this Code change may encourage more construction of additions and accessory structures on residential properties. The proposed code language also gives the Planning Director some latitude to allow a different front yard setback for the construction of a new single-family dwelling in all zoning districts under certain circumstances. This includes a staff review of the drainage in the area and the privacy of the existing adjacent homes. UPDATE: Since the Planning Commission meeting on April 13, 2020, staff has added additional language to the proposed code change about driveways. This new language notes the County and City will need to approve the use of the existing driveways or new driveways as part of any such review and approval. The intent of this additional language is to ensure the existing and proposed driveways would be safe to use as part of any building addition or for a new accessory building. FISCAL IMPACT: Staff does not foresee a fiscal impact with the proposed code change. If the City Council approves the code change, there would be fewer requests for front yard setback variances and thus fewer variance applications and fees collected by the City. RECOMMENDATION Staff is recommending that the Planning Commission recommend to the City Council approval of the suggested amendments to the City Code as they pertain to front yard setbacks in the rural and urban residential zoning districts. ATTACHMENTS 1. Section 154.400 – Section 154.402 of the Zoning Code 2. Section 154.450 – Section 154.452 of the Zoning Code 3. Proposed Zoning Code Amendment - Ordinance 08-XXX CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-___ AN ORDINANCE AMENDING THE LAKE ELMO CITY ZONING CODE OF ORDINANCES BY AMENDING THE STANDARDS FOR FRONT YARD SETBACKS IN THE RURAL AND URBAN RESIDENTIAL DISTRICTS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV Land Use: Chapter 154 Zoning Code; Article XI Rural District: by amending Section 154.402 Lot Dimensions and Building Bulk Requirements, Table 9-2: Lot Dimension and Setback Requirements, Rural Districts by adding the following underlined language: Notes to Rural Districts Table 9-2. j. Each dwelling and accessory structure in the RT, A, RR, RS and RE Zoning district shall have a front yard setback as prescribed in Table 9-2, except that: 1. If each of the lots next to an interior lot have dwellings, the minimum front yard setback shall be the setback of the dwelling on the adjacent property that is closest to the front property line. The maximum front yard setback shall be the setback of the dwelling on the adjacent property that is farthest from the front property line. 2. Regardless of subsection j. (1) of this section, if the City Council has approved special setbacks for a development, those approved setbacks shall apply. City-approval of a preliminary plat with building pads does not constitute approval of building setbacks by the City. 3. Regardless of subsection j. (1) or (2) of this section, property owners may add on to existing residences if the addition would meet or exceed the existing front yard setback on that property. 4. Driveways and Access. Any owner of a property that has a driveway or vehicle access to a collector or arterial street that is proposing to construct a new building, structure, or addition to an existing structure on the property must receive City and County (if the street is a County road) approval to continue to use the existing driveway or vehicle access or for any new driveway or vehicle access to a collector or arterial street. The City or County (if applicable) may require, as a condition of approval of the building permit for such construction, that the owner change the design or location of an existing driveway or vehicle access or remove an existing driveway or vehicle access if the City or County (if applicable) determines such a change is needed in order to improve traffic safety and would help protect the public, health, safety, and welfare. k. The Planning Director may allow a different front yard setback for the construction of a new single-family dwelling if the proposed building location and setback would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1. The proposed setback would not affect the privacy of existing adjacent homes. 2. The proposed setback would save significant natural features such as wetlands or large trees. 3. The proposed setback is necessary to meet County, State or Federal regulations or easement requirements, such as a pipeline setback or noise regulations. 4. The proposed setback is necessary for energy-saving, health or safety reasons. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV Land Use: Chapter 154 Zoning Code; Article XII Urban Residential Districts: by amending Section 154.452 Lot Dimensions and Building Bulk Requirements, Table 10-2: Lot Dimension and Setback Requirements, Residential Districts by adding the underlined language and deleting the strikethrough language as follows: Note to Urban Residential Districts Table 10-2. 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 within the range established by the existing setbacks. i. Each dwelling, residential structure and accessory structure in the LDR, MDR and HDR Zoning district shall have a front yard setback as prescribed in Table 10-2, except that: 1. If each of the lots next to an interior lot have dwellings, the minimum front yard setback shall be setback of the dwelling on the adjacent property that is closest to the front property line. The maximum front yard setback shall be the setback of the dwelling on the adjacent property farthest from the front property line. 2. Regardless of subsection i. (1) of this section, if the City Council has approved special setbacks for a development, those approved setbacks shall apply. City approval of a preliminary plat with building pads does not constitute approval of building setbacks by the City. 3. Regardless of subsection i. (1) or (2) of this section, property owners may add on to an existing residential structure if the addition would meet or exceed the existing front yard setback on that property. 4. Driveways and Access. Any owner of a property that has a driveway or vehicle access to a collector or arterial street that is proposing to construct a new building, structure, or addition to an existing structure on the property must receive City and County (if the street is a County road) approval to continue to use the existing driveway or vehicle access or for any new driveway or vehicle access to a collector or arterial street. The City or County (if applicable) may require, as a condition of approval of the building permit for such construction, that the owner change the design or location of an existing driveway or vehicle access or remove an existing driveway or vehicle access if the City or County (if applicable) determines such a change is needed in order to improve traffic safety and would help protect the public, health, safety, and welfare. j. The Planning Director may allow a different front yard setback for the construction of a new single-family dwelling or a double dwelling (duplex) if the proposed building location and setback would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1. The proposed setback would not affect the privacy of existing adjacent homes or residences. 2. The proposed setback would save significant natural features such as wetlands or large trees. 3. The proposed setback is necessary to meet County, State or Federal regulations or easement requirements, such as a pipeline setback or noise regulations. 4. The proposed setback is necessary for energy-saving, health, or safety reasons. SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date. This Ordinance 08-___ was adopted on this ______ day of ___ 2020, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________ Julie Johnson, City Clerk This Ordinance 08-____ was published on the ____ day of ___________________, 2020.