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Item No: 8 Meeting Date: January 7, 2004 Type of Business: Discussion City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Review Zoning Code Provisions Related to Temporary Structures in Residential Districts Introduction: At the last two meetings in December, the Planning Commission began reviewing a possible code amendment pertaining to temporary structures in residential districts. Currently temporary structures as illustrated in Exhibit A, Photographic Documentation, are not permitted and when a complaint is received about such a structure, staff informs the property owners of the violation and gives them a certain period of time in which to remove the structure. Given that there may however be circumstances and situations that would justify such a structure, staff asked the Planning Commission for guidance as to a possible amendment. Discussion: As the Planning Commission is aware, the Zoning Code prohibits most “temporary” structures in Subd 1 of Section 1106.03, regarding accessory buildings as accessory uses within the R-1 zoning district. The clause explicitly banning structures composed of tubular metal and canvas or exposed plywood was added to the Zoning Code in 2000 with the adoption of Ordinance 664. The intent of this passage was to prohibit the often unsightly tubular metal framed membrane covered temporary structures as well unsightly plywood “shacks.” The prohibition, however, prevents staff from allowing membrane structures on a temporary basis under certain conditions. Recent requests which could potentially justify such a temporary “permit” include garage reconstructions and home remodels or reconstructions. Other requests are simply to provide winter coverage for boats, vehicles or personal belongings. While a consensus was not reached by the Commission as to the exact nature of a possible amendment, a majority did feel some type of revision was in order. There was direction provided to staff that however the amendment is constructed, the administrative and enforcement impact should be minimized so as to not impose impractical enforcement demands upon staff. Keeping this in mind, staff proposes the following amendment: 1. Allow temporary structures by Permit for periods not to exceed six months. A fee would be collected to underwrite the cost of the inspection and enforcement. Minimum setback of five feet to property line and not allowed in a front yard. If structure is to be used to protect or otherwise cover a vehicle, the area upon which the vehicle is parked shall be “improved” in accordance with the City Codes. Maximum square footage of structure shall not exceed 288 square feet (equivalent to a 12 by 24 foot structure) nor shall area exceed the maximum accessory building space per lot. (In other words, if a property already has 1,800 square feet of garage space, a temporary unit would not be permitted.) Finally, the property owner shall be required to maintain the structure in the manner it was originally intended—which is to say the property owner shall be required to provide regular maintenance as needed to keep the structure in a consistent state of repair.