2003 Planning Commission Packets

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Ci�y of Mounds View Iteln # � ___ 'I I � 1SS1 � 0� Meetzng Date: Feb�^uc��^y 19, 2003 � ,, . ,,. � ,�,. :..: �::> .. �. . �. ,.�. : _ . .. .._ ;. .. .. �_�-. . .,.. ., . ��,. . - �� - , , _ , .� .. ..... . : ..... .. �� ,_ �,., ... � �_; .._� . ..: _ . v. _ _ , _. 7"at.le: Consider�iion of a Texi Amendment Request liegarding Ciaapier 1111 0�' the �oning Code ltelating ta the R-O Zo�jrag District -- Plar►ning Case �03-001 Introductaon: The property owner residing and operating a business at 28b5 County Highway 10 has requested an amendment to Cha.pter 1111 of the Zoz�ing Code relating to the maximum aliowed square footage of an accessory buiiding. The Code indicates that accessory uses within an R-O district are regulated as they are in the R-4 zonirzg district, which is the same for an R-3 dzstrict, and so on, In the single family district, an accessory buiiding may not exceed 952 square feet without a conditional use permit and that the iotal square footage of all accessozy use space shall not exceed 1,800 square feet. �iscu�sro�a: The prope�`ty owner assezts that the zoning requirements relating to the size of his garage, which is essentially his place o#'business, are too restrictive and not in keeping with the inteni of the Residential Office district. According to the Zoning Code, the purpose of the district is as foliows: The purpose of the R-0, Residential Office Disti°ict rs to pf°ovic�e for high-density residential use crrzd foY the �i°ansition in land use fi•om resia'ential to lrnv antensity business allowing for the inte�nzixing of such uses. The zntent is to allow for a more dense development, wzth or without a corrunerciai component. In other words, this distziet is a true "mixed use" district. Given that commercial and residential uses are is allowed on the site at the same time, one could argue that there are in effect two principal uses. As such; tke garage area should not be considered accessory but rather principal, and should not be subject to the accessory garage requirements as articulated an the single-family residential districi. There are a number of approaches that could be taken to resolve this situation, ranging from doing nothing (if the deiermination is such that no changes should be made} or to completely rewrite the district requirements. Staffrecommends a simple addition to the permitted use section to include the following language: All permitted uses allowed in a B-2 District Automotive Accessory Installation �perations While staff is not coznfortable with fhe language relating fio high density residential and density bonuses (refer to the attachmeni), we are not inclined to malce any changes relating io this section % of the Code. The Comprehensive Plan Future La�d Use Map indicates the property located at 28b5 County Hzghway 10 should be deveioped as a mixed use planned unit development, which is to say that both commercial and residential uses would be permitted. Thus, �he proposed Code rrevisions would be consistent with tlne Comprehensive Plan.