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HomeMy WebLinkAbout#09 - Zoning Code Text Amendment - Front Yard Setbacks1 STAFF REPORT DATE: June 2, 2020 REGULAR TO: Lake Elmo City Council 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. On May 11, 2020, the Planning Commission held a public hearing about this proposed ordinance amendment. After some discussion, the Planning Commission voted 6-1 to recommend approval of the proposed ordinance. ISSUE BEFORE THE CITY COUNCIL: City staff is respectfully requesting the City Council review the proposed code changes and then adopt 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. I based this proposed ordinance amendment for Lake Elmo on ordinance language that Maplewood has had in place for at least 14 years. In addition, I had the City Attorney review the proposed ordinance amendment and she offered a few additions and changes to the language that I have included in the version for your consideration. It is my expectation the proposed code change will benefit residential property owners by lessening their needs for front yard setback variances while protecting the character of their neighborhood and the adjacent properties. This proposed ordinance does not change the side or rear yard setback requirements. 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 2 to approve a variance for a different front yard setback). This is a limiting factor for such projects and thus many property owners may not pursue improvement or construction projects on their property. I have attached a site plan of an existing property that shows this situation. The proposed ordinance amendment would allow this property owner to build an addition or a detached accessory structure that would be in line with (or behind) the front of his existing house instead of having to meet the now-required 100 foot front yard setback (which is behind his existing house). 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. I have included language in the proposed code change about driveways. This 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. RECOMMENDATIONS Staff is recommending that the City Council adopt Ordinance 08 – 237, an ordinance that has amendments to the City Code as they pertain to front yard setbacks in the rural residential and urban residential zoning districts with the following motions: “Move to adopt Ordinance 08- 237 adding language to the rural residential and urban residential zoning districts about front yard setbacks” and “Move to adopt Resolution 2020–059 authorizing summary publication of Ordinance 08-237.” ATTACHMENTS 1. Section 154.400 – Section 154.402 of the Zoning Code 2. Section 154.450 – Section 154.452 of the Zoning Code 3. Site Plan of an Example Property 4. Proposed Zoning Code Amendment - Ordinance 08-237 5. Resolution 2020 – 059 (Authorizing Summary publication of Ordinance 08-237) CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-237 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 for a dwelling or an accessory structure 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 for a dwelling or an accessory structure 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 08-237 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. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2020-059 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-237 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-237, an ordinance amending Section 154.402 and Section 154.452 as it pertains to front yard setbacks in the rural residential and urban residential zoning districts within the City; and WHEREAS, the ordinance contains references to a chart; 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. 08-237 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. 08-237 that amends the language in Section 154.402 and in Section 154.452 as it applies to Front Yard Setbacks for lots within the Rural Residential and Urban Residential zoning districts that have existing structures within the City of Lake Elmo. The ordinance allows for the construction of additions or accessory structures on lots in these zoning districts with a front yard setback that meets or exceeds the setback established by an existing structure. The full text of Ordinance No. 08-237 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 2, 2020 ____________________________________ 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.