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City of Mounds View Planning Commission Report Meeting Date: March 5, 2003 Title: Consideration of Resolution 721-03, a Resolution Recommending Approval of a Zoning Code Text Amendment to Chapter 1111 Relating to the R-O Zoning District -- Planning Case TX03-001 Introduction: The property owner residing at and operating a business at 2865 County Highway 10 has requested an amendment to Chapter 1111 of the Zoning Code relating to the permitted uses allowed within the R-O Zoning district. The Code indicates that accessory uses within an R-O district are regulated as they are in the R-4 zoning district, which is the same for an R-3 district, and so on. In the single -family district, an accessory building may not exceed 952 square feet without a c onditional use permit and that the total square footage of all accessory use space shall not exceed 1,800 square feet. Discussion: The property owner asserts that the zoning requirements relating to the size of his garage, which is his place of business, are too restrictive and not in keeping with the intent of the Residential Office district. According to the Zoning Code, the purpose of the district is as follows: The purpose of the R-0, Residential Office District is to provide for high-density residential use and for the transition in land use from residential to low intensity business allowing for the intermixing of such uses. The intent is to allow for a more dense development, with or without a commercial component. In other words, this district is a true “mixed use” district. Given that commercial and residential uses are allowed on the site at the same time, there are in effect two principal uses. As such, the garage area in this case should not be considered accessory but rather principal, and should not be subject to the accessory garage requirements as articulated in the single -family residential district. Based upon the discussion of the Planning Commission on February 19, 2003, staff has drafted a resolution which recommends amendment of the Code to allow for the following language to be added to Section 1111.02, Permitted Uses: ??Automotive Accessory Installation Operations The resolution further states that the Planning Commission recommends that the commercial use be subjected to the regulations and requirements of Section 1006.06 of the Building Code, entitled “Development Controls.” Item # 5