HomeMy WebLinkAboutPC Report 8-22-22- 40 ft Setback.docx STAFF REPORT
DATE: 08/22/2022
PUBLIC HEARING
ITEM#: 4b
TO: Planning Commission
FROM: Ben Hetzel, City Planner
REVIEWED BY: Molly Just, Planning Director
AGENDA ITEM: 40- Foot Residential Setback from a Public Street
BACKGROUND:
As new development has occurred in the South Planning Area of Lake Elmo, some buildings have been located
closer to the public right of way than others. With the varying land use densities and intensities planned for the
area, this is an opportunity to guide building placement.
The City Council directed the Planning Department to pursue a zoning text amendment to incorporate an
increased 40-foot setback for all residential development abutting a public street. The setback would apply to all
new residential development in all zoning districts in the area south of 10th Street. This area is within the South
Planning Area as per the 2040 Comprehensive Plan. The increased setback would not apply to the Low Density
Residential (LDR) or Golf Course Community (GCC) zoning districts.
At the May 23, 2022 meeting the Planning Commission suggested bringing forward for public hearing and
consideration language to establish a 40 foot setback along 5th Street, Hudson Boulevard, Inwood Avenue, Keats
Avenue, Lake Elmo Avenue and Manning Avenue. Staff suggested a 40 foot setback based on an analysis of
existing and proposed development along 5th Street. The Planning Commission recommended adoption of zoning
text amendments establishing an increased setback from the named at the June 13, 2022 meeting. The increased
setback would have only applied to parcels abutting named streets.
At the June 21, 2022 meeting, the City Council tabled action on the amendments. The their July 12th workshop
the City Council directed staff to prepare revisions requiring a minimum 40-foot setback for new residential
development for all parcels in all districts south of 10th Street except golf course and LDR districts. Because this
proposal would impact more landowners, the proposal was advertised and is in order for a public hearing by the
Planning Commission. The current proposed amendments are intended to provide more space between high
density residential development and the public right of way.
ISSUE BEFORE THE PLANNING COMMISSION:
The Planning Commission is being asked to hold a public hearing, review, and make a recommendation to City
Council on the proposed text amendments.
PROPOSED CHANGES
In order to incorporate the 40-foot setback, a note be added to the Lot Dimension and Setback Requirements table
in each affected zoning district. The proposed amendment would apply to the following sections of the Lake
Elmo City Code (teal represents existing code, yellow represents new code):
105.12.930 Lot Dimensions And Building Bulk Requirements
Lot area and setback requirements shall be as specified in Table 12-2 Lot Dimension
and Setback Requirements, Commercial Districts.
Table 12-2: Lot Dimension and Setback Requirements, Commercial Districts
LC CC C BP
Minimum lot area (square feet) 3.5 acres 12,000 20,000 2 acres
Minimum lot width (feet) 300 75 100 200
Minimum lot depth (feet) 400 - - -
Maximum height (feet/stories) d 35 35 45 50a
Maximum impervious coverage 40
percent
60
percent
75
percent
75
percent
Building Setback Requirements (feet):
d, e
Front yard 100 30 30 50
Interior side yard 50 20 10 30
Corner side yard 100 25c 25c 30
Rear yard 50 30b 30b 30
Residential zones 150 50 50 150
Parking Setback Requirements (feet):
Front yard 50 15 15 30
Interior side yard 50 10 10 15
Corner side yard 50 15 15 30
Rear yard 50 10 10 15
Residential zones 100 35 35 100
Minimum building floor size (square
feet)
4,000 - - 5,000
Notes to Table 12-2:
a. Buildings higher than 50 feet may be allowed through a conditional use permit and
would be subject to a separate technical and planning evaluation.
b. Accessory buildings must be set back ten feet from property lines.
c. Corner properties. The side facade of a corner building adjoining a public street
shall maintain the
front setback of the adjacent property fronting upon the same public street, or the
required front yard setback, whichever is less. If no structure exists on the adjacent
property, the setback shall be as shown in the table.
d. Ground- mounted wind generators may exceed to allowable height restriction
designated in all commercial districts and are subject to different setback requirements
as identified in LEC 105.12.570.
e. For residential uses, the minimum structure setback from a public street shall be 40
feet.
105.12.720 Lot Dimensions And Building Bulk Requirements
Lot area and setback requirements shall be as specified in Table 10-2, Lot Dimension
and Setback Requirements.
Table 10-2: Lot Dimension and Setback Requirements, Residential Districts
GCC LDR MDR HDR
Minimum Lot Area (square feet)
Single-family detached
dwelling
9,000 8,000 7,000 5,000
Two-family dwelling (per unit)
a
- 5,000 4,000 3,000
Single-family attached
(per unit) b - - 1,750 1,750
Multifamily dwelling (per unit) - - 3,000 1,800
Secondary dwelling See LEC
105.12.740(c)
See LEC
105.12.740(c)
See LEC
105.12.740(c)
See
LEC
105.12.
740(c)
Live-work unit - - - 3,600
Congregate housing - - See LEC
105.12.500(c)
See
LEC
105.12.
500(c)
Manufactured home park
-
-
See LEC
105.12.170
-- LEC
105.12.340
See
LEC
105.
12.1
70--
LEC
105.12.
340
Minimum Lot Width (feet)
Single-family detached
dwelling
70 60 50 50
Two-family dwelling (per unit)
a
- 35 30 20
Single-family attached
(per unit) b - - 25 20
Multifamily dwelling
(per building) - - 75 60
Live-work unit - - - 25
Maximum Height (feet) 35 35 35 50
Maximum
Impervi
ous Coverage
30
percent
40
percent
50
percent
75
percent
Minimum Building Setbacks (feet) i
Front yard 25 25 c 25 c 20 c
Interior side yard e
Principal Buildings f, g 10 10 10 10d
Minimum Building Setbacks (feet)
Interior side yard
Attached garage or
accessory structures f, g 5 5 5 10d
Corner side yard g, h 15 15 15 15
Rear yard 20 20 20 20
Notes to Urban Residential Districts Table:
a. Common open space areas may be used in the determining whether or not the
minimum lot areas within a development are met, when provided as part of an overall
development plan.
b. Two-family units may be side-by-side with a party wall between them (twin) or located
on separate floors in a building on a single lot (duplex). The per-unit measurements in
this table apply to twin units, whether on a single lot or separate lots. The standards for
single-family detached dwelling shall apply to a duplex containing two vertically-
separated units on a single lot.
c. In the case of single-family attached dwellings that are not situated on individual lots,
minimum lot size shall be applied to each unit as a measure of density; i.e., one unit per
2,500 square feet. This standard is also used for multifamily dwellings.
d. Single-family dwellings (both attached and detached) and two-family dwellings
may use the side yard setbacks within MDR zoning districts.
e. In a block where the majority of the block face has been developed with the same or
similar setbacks, the front setback for the remaining lots on that block face shall fall
within the range established by the existing setbacks.
f. In situations where a garage or accessory building is set back less than seven feet
from a side property line, the maximum permitted encroachment for anything attached
to said building (including eaves, overhangs, steps, chimneys, and other appurtenances
as described in LEC 105.12.200) will be two feet.
g. Side yards setbacks shall apply to the ends of attached or two-family dwellings.
h. Corner properties: The side facade of a corner building adjoining a public street shall
maintain the front setback of the adjacent property fronting upon the same public street,
or the required front yard setback, whichever is less. If no structure exists on the
adjacent property, the setback shall be as shown in the table.
i. For residential uses in the MDR and HDR districts, the minimum
structure setback from a public street shall be 40 feet.
105.12.880 Lot Dimensions And Building Bulk Requirements
Lot area and setback requirements shall be as specified in Table 14-2: Lot Dimension
and Setback Requirements, Mixed-Use-Commercial and Mixed-Use-Business Park Districts.
Table 14-2: Lot Dimension and Setback Requirements, Mixed-Use-Commercial and
Mixed-Use- Business Park Districts
MU-C MU-BP
Minimum Lot Area (square feet):a, c
Single-family detached dwelling 4,000 5,000
Two-family dwelling (per unit) 3,000 4,000
Single-family attached dwelling (per unit)b 3,000 4,000
Multifamily dwelling (per unit) 1,500 2,200
Secondary dwelling See section LEC
105.12.740(c)
Live-work unit 3,000 3,000
Nonresidential uses 20,000 85,000
Minimum Lot Width (feet):
Single-family detached dwelling 50 50
Two-family dwelling (per unit) 20 20
Single-family attached dwelling (per unit)b 20 20
Multifamily dwelling (per building) 60 60
Live-work unit 25 25
Nonresidential uses 100 200
Maximum Height (feet) i 50 50
Maximum impervious coverage (non-shoreland
areas)
75 percent 75
percent
Building Setback Requirements (feet) l:
Residential uses:
Front yard d, l 20 20
Interior Side Yard: f
Principal buildings 7 7
Attached garage or accessory structures e,f 5 5
Corner side yard g 10 10
Rear yard 20 20
Nonresidential Uses:
Front yard d 30 50
Interior side yard j 10 30
Corner side yard g 25 30
Rear yard 30 30
From residential zones 50 150
Parking Setback Requirements (feet):
Front yard 15 30
Interior side yard 10 15
Corner side yard 15 30
Rear yard 10 15
From residential zones 35 50
Notes to Mixed-use Commercial and Mixed-use Business Park Districts Table:
a. Common open space areas may be used in determining whether or not the
minimum lot areas within a development are met, when provided as part of an overall
development plan.
b. Two-family units may be side-by-side with a party wall between them (twin) or located
on separate floors in a building on a single lot (duplex). The per-unit measurements in
this table apply to twin units, whether on a single lot or separate lots. The standards for
single-family detached dwelling shall apply to a duplex containing two vertically-
separated units on a single lot.
c. In the case of single-family attached dwellings that are not situated on individual lots,
minimum lot size shall be applied to each unit as a measure of density; i.e., one unit per
2,500 square feet. This standard also is used for multifamily dwellings.
d. In a block where the majority of the block face has been developed with the same or
similar setbacks, the front setback for the remaining lots on that block face shall fall within
the range established by the existing setbacks.
e. In situations where a garage or accessory building is set back less than seven feet
from a side property line, the maximum permitted encroachment for anything attached to
said building (including eaves, overhangs, steps, chimneys, and other appurtenances as
described in LEC 105.12.200) will be two feet.
f. Side yard setbacks shall apply to the ends of attached or two-family dwellings.
g. Corner properties. The side facade of a corner building adjoining a public street shall
maintain the front setback of the adjacent property fronting upon the same public
street, or the required front yard
setback, whichever is less. If no structure exists on the adjacent property, the
setback shall be as shown in the table.
h. Attached garages and accessory structures on parcels on which single-family
homes are located may have a side yard setback of five feet.
i. Buildings higher than 50 feet may be allowed through a conditional use permit and
would be subject to a separate technical and planning evaluation.
j. All accessory buildings for nonresidential uses must be set back at least ten feet from
property lines.
k. Ground-mounted wind generators may exceed the allowable height restriction
designated in all commercial districts and are subject to different setback requirements
as identified in section LEC 105.12.560(b).
l. For residential uses, the minimum structure setback from a public street shall be 40
feet.
OPTIONS
Recommend approval of the proposed amendments.
Recommend changes to the proposed amendments.
Recommend denial of the proposed amendments.
RECCOMENDATION
Staff recommend that the Planning Commission recommend approval of the proposed text amendments to
incorporate a 40 foot setback for all new residential development abutting a public street in the subject zoning
districts.
“Motion to recommend adoption of the proposed amendment as presented, amending Section 105.12.930
Commercial Lot Dimensions and Building Bulk Requirements to incorporate a 40-foot setback for all new
residential development abutting a public street.”
“Motion to recommend adoption of the proposed amendment as presented, amending Section 105.12.720
105.12.720 Lot Dimensions and Building Bulk Requirements to incorporate a 40-foot setback for all new
residential development abutting a public street.”
“Motion to recommend adoption of the proposed amendment as presented, amending Section 105.12.880
Mixed-Use Commercial and Mixed-Use Business Park Districts Lot Dimensions and Building Bulk
Requirements to incorporate a 40-foot setback for all new residential development abutting a public street.”
ATTACHMENTS
1. Lake Elmo Zoning Map
2. 2040 Future Land Use Map
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