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MEMORANDUM DATE: 06/12/02 MEETING DATE: 06/18/02 TO: Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manage SUBJECT: Floor area ratio and garage/accessory building Requested Action: Amend the City Ordinance relating to the definition of "garage" and "accessory building" in relation to the "floor area ratio" and to regulate the size of garages in residential districts. Background: Calculation of the floor area ratio came up this past spring in the plans for a new single family home at 3501 Downers Drive in St. Anthony. The builder, Tom Brama, didn't agree with how the floor area ratio was figured and had a different interpretation of the code than the Building Official (see Castle Inspection letter attached). Mr. Brama did not believe the garage should be treated as part of the floor area of the home. The City Ordinance requires a floor area ratio not to exceed 30% of the lot area in order to limit the mass of the structure. The floor area ratio is defined as "the ratio of the maximum permitted floor area of the principal building or buildings to the area of the lot on which they are located or to be located. The maximum allowable floor area on a lot is determined by multiplying the lot area by the floor area ratio." The City's Building Official and staff have read the City Ordinance to mean floor area is to include all floor areas except the basement and there have been no exception for garages, unfinished, or uninhabitable areas. The City Attorney's Office recently reviewed the code and believe the definitions of accessory building and garage is ambiguous to the definition of floor area ratio (see Dorsey and Whitney letter attached). For clarity sake, the City Attorney's Office recommends amending the City Ordinance as follows: (Redefine the term) Garage: An accessory building or portion of a principal building which is principally used for the storage of motor vehicles owned by occupants of the principal building. (Redefine the term) Accessory Building: A separate building or structure or a portion of a principal building or structure used for accessory uses. (Add to/Amend) Floor Area Ratio: The garage is not included in determining the floor area ratio as it is considered an accessory building. In addition to the above, the City may want to restrict the gross floor area of a garage cannot exceed 1000 square feet. Also, the City may want to add the garage cannot be bigger than the principal structure.