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HomeMy WebLinkAbout06-09-08 PZMar" LAKE City of Lake Elmo AlikEL M I 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 (651) 777-5510 Fax: (651) 777-9615 Www. LakeElmo.Orq 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. Adjourn ITEM: Accessory Building Regulations SUBMITTED BY: Kyle Klatt, Planning Director REVIEWED BY: Ben Gozola, Senior Planner Kelli Matzek, City Planner SUMMARY AND ACTION REQUESTED: 1 Planning Commission Date: 6/9/08 Not a public hearing Item: 5a 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— SETBACKS/HEIGHT Accessory Bldg Setbacks AG AG RR I RR R1 R2 R3 I R4 RE OP OP Cif Aid Si* Tov dnte Front Side Side (Street) Rear Rear (Garages, Boats, Storage, Tool) Arterial Street Height (for residential districts) Max Door Height (for residential districts) Number * Or 10% of lot width, whichever is greater 200 30 30 200 10 10 200 25 25 200 40 40 200 10 10 200 50 50 18 18 18 14 14 14 2 2 1 100 30 100 10 100 25 100 40 100 10 100 50 30 50 10 20 25 50 40 50 10 20 50 50 50 100 30 30 20 50 15* 15* 50 80 30 30 50 100 15* 15* 20 100 15* 15* 50 150 50 50 18 18 18 18 18 18 18 1:$ 14 14 14 14 14 14 14 14 1 1 1 1 1 1 1 1 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 tee height of 12 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-max4nxum fad -111( 44 of 10 feet. 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) DETACIED 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) Ne-a23cscary huihieg-used-er intended for -the storage -of -passenger automobiles sha11 exceed_1,000-sgr1a.•e ra •met g •eas urea, -Her shall any n:scce;; door or et-her-epcef 1-94eet-,-nor shrill-any-struetur-e-excced 1-story-in-height except -when the -garages are located-i+t business, industrial or planned unit -de\ elements, Oa parcels of--2041003quare feet in area -or less, no det&Iehed-ac-.;s:;Jr building :;r garage shall -exceed -Vac size of tlioprineipa h 'l kag in grcce Ilea+ area. The footprint of any detached accessory huildinu shall not he larger than the footprint of the principal buildinu. (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 in wteomine cinl-ec-indusurial distrie shall exceed the height of the principal buildine:excent for agricultural farm baildinas and the exceptions to builcliuu height listed in Section 154.083. (C) Nt*-aeeessory hui1 ing&-in apurlment{ieveleprne lall-exeeed-the--hei-gM-ef the bt nd—irg: (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 Accessory 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 Accessory Buildings Agricultural (Non -conforming) Up to 10 acre Over 10 acres but less than 40 acres Rural Residential Up to 10 acres Over 10 acres 15 Acres Over 15 acres Residential - R-1, RED, and OP Over 5,000 square -feet -but less than 1 acre From 1 acre to 2 acres Two buildings with a combined area not to exceed 2,000 square feet Two buildings and the area of each building not to exceed 2,000 square feet One 2,000-square foot detached building, in addition to an attached garage One 2,500-square foot detached building in addition to an attached garage One 3,000-square foot detached building, in addition to an attached garage A combined 1,200 square feet total for both attached and detached accessory structures or residential garage; the sized' the t etprinl-ef-the-detac-hefl-stette -hull notexeeed the size of thelbotp4nl f-thop4amafystr-uctu.re 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 r Highest Point of Roof t Building Height (Flat or Shed Roof) / Average Distance Between Ridge and Eave Building Height Gable, Hip or Gambrel Roof) Deckline Building Height Mansard Roof) LN.a: E City of Lake Elmo EL M 00 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 PP (651) 777-5510 Fax: (651) 777-9615 r Www.LakeEimo.Drq 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. Adjourn SUBMITTED; 9/8/08 City of Lake Elmo Planning Commission Meeting Minutes of June 9, 2008 Chairman Ptacek called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Anderson, Fliflet, Hall, Helwig, Deziel, Pelletier, Ptacek, Roth. STAFF PRESENT: Planning Director Klatt. Agenda M/S/P, to approve the agenda. Vote: 8:0. Minutes — May 28, 2008 Klatt noted that the minutes from the May 28, 2008 meeting would be included in the next Planning Commission packet. Accessory Building Ordinance Amendments Klatt presented an update concerning proposed amendments to the Accessory Building provisions of the Zoning Ordinance. He reviewed specific changes to the Ordinance that had been requested by the Commission at its last meeting and reviewed additional information describing the amendments as drafted. Ptacek questioned the setbacks proposed in the RE District, and specifically why these properties would be more restrictive than other districts. Klatt noted that this zone was likely meant to encourage houses with space around them as a mechanism for promoting open space. The larger setbacks could also be used as a tool to promote a specific style of development. Helwig stated his disagreement with the RE District setbacks that were proposed. He suggested that these requirements be similar to other districts to allow accessory buildings closer to lot lines. The Commission generally discussed the potential impacts of a setback reduction in the RE District. Fliflet suggested a compromise that would still require a somewhat larger setback in RE Zones. M/S/P Helwig, Hall to adopt the following accessory building setbacks in the RE Residential Estates District consistent with the OP development standards: 100 feet Front Yard, 15 feet Side Yard, 30 feet Street Side Yard, 15 feet Rear Yard, 50 feet Arterial Street. Motion carried with a vote of 5:3. Ptacek stated that he had thought the direction to Staff was to keep the attached garage size requirements the same as the detached regulations. After discussion the Commission generally agreed that attached garages should not exceed the size of the principal building footprint and that limiting the size, appearance and overall impact of garages on neighborhoods served a legitimate public purpose. Lake Elmo Planning Commission Minutes; 6/9/08 SUBMITTED; 7-14-08 M/S/P, Roth, Fliflet to amend the accessory building ordinance as drafted to limit the size of the garage footprint to no more than the footprint of the principal building and to note also that garage space located under living space or other garage space will not count towards the total area measurements. Vote 7: 1, motion carried. M/S/P Dieziel, Roth to set a public hearing for the next Planning Commission meeting to consider adopting revisions to the Accessory Building provisions of the Zoning Ordinance. Vote 8:0, motion carried unanimously. Adornment The meeting was adjourned at 8:05 p.m. Respectfully submitted, Kyle Klatt Planning Director Lake Elmo Planning Commission Minutes; 6-9-08