HomeMy WebLinkAboutPL PACKET 01172006 Meeting Sheet
IIIIII VIII VIII VIII VIII VIII IIII IIII
104951
Box: 33
Folder: PL PACKETS 2005-2011
Document: PL PACKET 01172006
CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING AGENDA
JANUARY 17, 2006
7:00 P.M.
COUNCIL CHAMBERS
I. CALL TO ORDER.
II. PLEDGE OF ALLEGIANCE.
III. ROLL CALL.
IV. APPROVAL OF MEETING AGENDA.
V. MEETING MINUTES.
VA Review and Approve Planning Commission Minutes of November 15, 2005
VI. COMMUNICATION WITH CITY COUNCIL.
VIA No Designee Required.
VII. PUBLIC HEARINGS.
VII L None
VIII. CONCEPT REVIEWS.
VIII.1. VSI Construction - Proposal for Business Condos at lot adjacent to Tires Plus
VIII.2. Ordinance Revisions Discussion
a. Small Lots
b. Swimming Pool Fence
C. PUD
IX. SPECIAL ORDER OF BUSINESS.
IX.1. Nomination and Election of Chair and Vice-Chair
X PUBLIC INPUT.
Individuals may address the Planning Commission about any item not included on the
Regular Meeting Agenda. Speakers are requested to come to the podium, state their name and
address for the City Clerk's record and limit their remarks to five (5) minutes.
HAP1anning\PC Agendas\2006\01172006 pc agenda.doc
XI. INFORMATION AND DISCUSSION.
XI.1. Residential Parking For Vehicles
XI.2. Prairie Grasses
X1.3. Accessory Dwelling Units
XII. ANNOUNCEMENTS.
XIII.ADJOURNMENT.
H:\P1anning\PC Agendas\2006\01172006 pc agenda.doc
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Planning Commission Meeting Minutes
November 15, 2005
Page 1
1 CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 November 15, 2005
6 7:00 p.m.
7
8
9 I. CALL TO ORDER
10 Chair Stromgren called the meeting to order at 7:00 p.m.
11
12 II. PLEDGE OF ALLEGIANCE
13 Chair Stromgren invited the Commission and the audience to join in the Pledge of Allegiance.
14
15 III. ROLL CALL
16 Commissioners present: Chair Stromgren; Vice Chair Hanson; Commissioners Galyon,
17 Hoska, Jensen, and Jenson.
18
19 Absent: Commissioner Young.
20
21 Also present: Assistant City Manager Kim Moore-Sykes.
22
23 IV. APPROVAL OF AGENDA
24
25 Motion by Vice Chair Hanson, second by Commissioner Hoska, to approve the meeting agenda
26 as presented.
27
28 Motion carried unanimously
29
30 V. MEETING MINUTES
31 5.1 Review and A9nrove Planning Commission Minutes of September 20, 2005.
32
33 The Commission had the following corrections to the minutes:
34
35 Chair Stromgren had the following corrections:
36 • Page 2, line 36, reads: `Michael Freeburg,Pohlman Freese, stated that Mr. Reiners was not
37 able to attend this evening'; Should read: `Michael Freeburg, Welman, Sperides Architects,
38 stated that Mr. Reiners of Welman, Sperides Architects, was not able to attend this evening'.
39 • Page 10, Lines 2, 5 and 23,reads: `Wiltshire Park'; Should read: `Wilshire Park'
40
41 Motion by Vice Chair Hanson, second by Commissioner Jenson,to approve the meeting minutes
42 of the Planning Commission of September 20, 2005 as amended.
43
44 Motion carried unanimously
45
t
Planning Commission Meeting Minutes
November 15, 2005
Page 2
1 VI. COMMUNICATION WITH CITY COUNCIL
2
3 6.1 No Designee Required.
4
5 VII. PUBLIC HEARING
6
7 NONE
8
9 VIII. CONCEPT REVIEW
10
11 NONE
12
13 IX. PUBLIC INPUT
14
15 NONE
16
17 X. INFORMATION AND DISCUSSION
18
19 Vice Chair Hanson referenced the September 20, 2005 Concept Review for the redevelopment of
20 the Kenzie Terrace/Lowry Avenue commercial property noting that the minutes indicate that the
21 applicant was planning to return to present in October or November and asked if Staff has heard
22 anything from the applicant.
23
24 Ms. Moore-Sykes confirmed stating that she has not heard anything from the applicant. She
25 stated that today is the deadline for next month's agenda adding that she has not received
26 anything for next month either.
27
28 Chair Stromgren stated that if the applicant has met with Hennepin County to discuss the right-
29 of-way for Kenzie Terrace would the City be notified or involved in any way.
30
31 Ms. Moore-Sykes stated that the City would not be notified or involved in the process. She
32 stated that normally the developer would notify the City. She stated that she could try to get a
33 copy of the minutes from that meeting for their review.
34
35 10.1 Comprehensive Land Use Plan Update.
36
37 Ms. Moore-Sykes stated the City is scheduled to update the Comprehensive Land Use Plan by
38 December 31, 2008. She explained that it is a statutory requirement by the State of Minnesota
39 noting that the last time it was updated was in 1998. She stated that the last update was a huge
40 project noting that a Task Force was created that included stakeholders from the community, the
41 Planning Commission and City Council representatives. She stated that the City invited
42 considerable input from individuals who had an interest and stake in the City's land-use plan
43 noting that they also hired facilitators and planners as consultants to get the plan moving forward.
44 She stated that Staff does not believe that the update process would be as extensive this time
45 noting that this was a means to update the Planning Commission and the Community that this is
r
J
Planning Commission Meeting Minutes
November 15, 2005
Page 3
1 a process the City would be involved with over the next couple of years. She stated that the City
2 would probably hire a consultant to assist and will probably have help from the Metropolitan
3 Council representative and Staff.
4
5 Commissioner Jenson asked who would be responsible for updating the plan.
6
7 Ms. Moore-Sykes stated that Staff, the Planning Commission and possibly a task force would
8 work on the Comp Plan amendments, with the assistance of a consultant, and would then be
9 submitted to the Metropolitan Council for their review and approval. She stated that she has
10 included a full copy of the Comprehensive Plan for their review in addition to documents from
11 the Metropolitan Council that include their suggestions as to what items the City should review.
12 She stated that the Metropolitan Council is asking the City to address key changes in
13 transportation,water resources and parks policy plans. She stated that the Public Works Director
14 and City Engineer would also be involved in the process noting that it is Staff's plan to include
15 everyone who has information to contribute.
16
17 Chair Stromgren asked if the State requires a mandate or does Staff look at this as an entirely
18 new process or simply as an update process.
19
20 Ms. Moore-Sykes explained that Staff views this as an update to what the City already has
21 included noting that it has to be a comprehensive update that includes all projects.
22
23 Commissioner Jensen asked if part of the strategy would include getting the documents out to
24 Council early for their comments.
25
26 Ms. Moore-Sykes stated that Staff plans to get the information to Council early for review in
27 addition to surrounding jurisdictions and Counties so that they have input into the updates and
28 provide Staff with any comments. She indicated that this process is required anytime there is a
29 major amendment to the plan.
30
31 Chair Stromgren asked what the timetable is for the completion of the update process.
32
33 Ms. Moore-Sykes stated that this has to be completed by December 31, 2008. She stated that the
34 Finance Director is aware adding that this has been included in the budget process so that funds
35 are available when needed.
36
37 Vice Chair Hanson stated that this would probably be one of the top priorities for 2007-2008.
38
39 Ms. Moore-Sykes confirmed noting that Staff would initiate the discussions in 2006 and update
40 again in 2007. She stated that it should be completed at least six months before the deadline in
41 order to provide time for review.
42
43 Commissioner Jensen stated that given the outline of the Commission's work tasks and few areas
44 subject to redevelopment,he is sure that it could be completed by the end of next year and then
45 tweak it for 2007. He stated that he doesn't want to prejudge the process noting that a lot of the
t,
Planning Commission Meeting Minutes
November 15, 2005
Page 4
1 systems for a built community are already in place and many of the improvements at the major
2 sites have occurred over the last five years. He stated that a lot of the major units are done noting
3 that the City would probably do better, on the consulting side, to have them finish their work in
4 2006 rather than get plugged up in 2007 or 2008.
5
6 Ms. Moore-Sykes agreed noting that this was the strategy that was employed in the mid-90's.
7 She stated that it was recognized that consultants do get busy and if the city can remain ahead of
8 the crowd, the costs are not as high. She stated that it is conceivable that the process could be
9 completed by 2007.
10
11 Commissioner Jensen noted that most of the implementation of any re-development sites would
12 be market-driven not Comprehensive Plan driven. He stated that they are already out with two
13 major RFP's and are seeing the fruits of the City's labor.
14
15 Chair Stromgren stated that because some of the major pieces have been completed more detail
16 could be included noting that it is possible that some of the priorities have now shifted and
17 should be updated.
18
19 Commissioner Jensen asked if the City of Minneapolis has offered up any of their designs for the
20 parkway, as it comes through St. Anthony's border, to review.
21
22 Ms. Moore-Sykes stated that she has not received any information except for a CD outlining the
23 38th Street area.
24
25 Commissioner Jenson asked if the new entrance to The Landings is an actual street.
26
27 Ms. Moore-Sykes stated that this used to be 38"'Avenue noting that it is her understanding that
28 they plan to rename it. She stated that it would probably be an interior,private road.
29
30 Commissioner Jensen referenced the Autumn Woods site and asked if there is any progress on
31 the Planning Commission's discussion as to whether the PUD ought to be a smaller size.
32
33 Chair Stromgren stated that this was an item that he wanted to bring up as a fourth item that the
34 Commission should continue to move forward on the ordinance updates.
35
36 10.2 Discussion of Community Design and Active Living in Ramsey County
37
38 Ms. Moore-Sykes stated that she recently attended a Ramsey County meeting on active living.
39 She explained that they discussed the development of safe walking routes, designing safe street-
40 crossings and creating safe recreational and physical activities for residents of all ages. She
41 stated that the plan is to use the physical structures currently in place by modifying it so that it is
42 more pedestrian friendly and safer for those individuals who choose not to use a vehicle to travel.
43 She explained that the concept evolves from the sustainable communities where one would work
44 and play within their community. She noted that this is more of a reduced-use adding that it was
45 a very interesting meeting and discussion. She stated that she has included the information
Planning Commission Meeting Minutes
November 15, 2005
Page 5
1 received from the meeting for their review. She reviewed the topics of discussion with the
2 Commission noting that topics included active living,what it is and why people should be more
3 involved. She stated that the current emphasis was on the high price of fuel and conservation
4 noting that they also discussed the physical benefits of walking and riding a bicycle. She stated
5 that they discussed creating safe neighborhoods and communities by walking through the
6 neighborhoods along with gathering for community activities at the local parks.
7
8 10.3 Process to Amend City Ordinance
9
10 Ms. Moore-Sykes stated that there was a request to discuss how ordinances are revised, changed
11 or added. She explained that in City Code, Chapter Two, Page 2.3 it discusses the process of
12 how ordinance resolutions and petitions are changed. She briefly reviewed the process with the
13 Commission stating that normally the process begins when Staff identifies the need for an update
14 and puts together the revised language; she then submits the proposed changes to the City
15 Attorney for review and revisions; and from there the proposed changes are either presented to
16 the Planning Commission for their review and recommendations, or if the proposed changes
17 come directly from Staff, City Council would have the opportunity to review and make their
18 recommendations. She stated that a public hearing would then be held. She explained that with
19 ordinances every revision has to be presented in writing and would receive three readings, which
20 is basically three public hearings before the City Council, with the exception of re-zoning or
21 other zoning ordinance amendments, which only require one reading or one public hearing. She
22 stated that this change was made a few years ago and explained that it makes it easier to pass re-
23 zoning issues for re-development projects. She stated that once the readings are done and the
24 changes are published in the City's legal newspaper, which is the Bulletin, it becomes official.
25
26 Chair Stromgren asked if it would be correct that there is no mandated or formal requirement on
27 the Planning Commission's review process in terms of public hearings because it is only a
28 recommendation.
29
30 Ms. Moore-Sykes confirmed.
31
32 10.4 Ordinance Updates
33
34 Chair Stromgren referenced Commissioner Jensen's mention of the discussions the Planning
35 Commission has had with regards to ordinance updates stating the Commission has reviewed a
36 number of issues that should be updated within the code. He reviewed noting that the issues
37 include PUD size and requirements; native plantings, lot size and redevelopment requirements.
38 He stated that the Commission would like this moved forward so that things are updated in a
39 timely manner.
40
41 Ms. Moore-Sykes stated that the Commission could submit their recommendations and she could
42 then submit their recommendations to the City Attorney for review.
43
44 Chair Stromgren stated that they do not have many issues to review and would not require a lot
45 of time. He stated that previously a sub-committee has been put together to review the issues
Planning Commission Meeting Minutes `
November 15, 2005
Page 6
1 noting that this could be one way for the Commission to handle the review. He noted that
2 another way to address this would be through a Planning Commission work session. He stated
3 that if there is nothing for the Planning Commission to address at the December meeting that this
4 would be a good time for the Commission to meet in a work session. He suggested changing the
5 regular monthly Planning Commission meeting in December to a work session to discuss the
6 ordinance updates.
7
8 Ms. Moore-Sykes agreed that the work session would be a good idea noting that it would not
9 have to be a televised meeting.
10
11 Commissioner Jensen asked if there is a sense among the Commissioners that a PUD ordinance
12 that is for a larger sized property would have utilized the process. He asked if the process was
13 adequate or should it be tweaked to address the smaller-sized PUD issues.
14
15 Chair Stromgren agreed noting that he has been thinking about the same issues. He stated that
16 most Cities do not have the strict prohibition of mixing an Residential and a Commercial that St.
17 Anthony's code has. He stated that there could be other ways to accomplish this through a
18 mixed-zoning use without the PUD. He asked Ms. Moore-Sykes to pull together information on
19 this topic for their review prior to the work session.
20
21 Commissioner Jensen suggested that the Commissioners forward any information they might
22 have to Ms. Moore-Sykes that would include similar ideas from other Cities. He stated that it
23 would be beneficial to have all information pertaining to these issues for their review prior to the
24 work session. He stated that the sites on Kenzie could stall out because the City does not have a
25 mechanism in place to allow for the use.
26
27 Chair Stromgren noted that the current applicant did not include any commercial/retail in their
28 proposal; it would seem like a prime location where this could be included. He stated that this all
29 points back to what Ms. Moore-Sykes discussed with respect to livable Cities initiatives and
30 mixed-uses within a walk able distance.
31
32 Commissioner Gaylon asked Ms. Moore-Sykes to email the Commissioners with an agenda of
33 items for the work session.
34
35 Commissioner Jensen stated that aerial maps of the City would be good planning tools and asked
36 if the City has any large-scale aerial maps that could be used during their work session.
37
38 Ms. Moore-Sykes stated that the only maps available are the wall maps.
39
40 Commissioner Jensen suggested checking with the Metropolitan Council to see if they have any
41 aerial maps available. He stated that they do have maps available from various projects they
42 were involved with and suggested checking to see what they would charge for a 200-scale map.
43
44 Commissioner Jensen referenced the Comprehensive Plan and Ordinance amendment process
45 stating that approximately a year ago he was on the School Board Task Force that dealt with the
Planning Commission Meeting Minutes
November 15, 2005
Page 7
1 walkability issues and changes to the busing distance parameters. He stated that a big part of the
2 task force's responsibility was to try to identify the nodes where buses would actually stop and
3 also the lack of sidewalks and touch down places. He stated that an inventory of street lighting
4 was also done and found to be okay but not 100-percent adequate. He stated that one of the
5 issues they struggled with was that there was no mechanism available to bring the School Board
6 issues forward and suggested merging their issues together with the Planning Commission as
7 they tool up with a work program and a capital improvements component of the Comprehensive
8 Plan.
9
10 Ms. Moore-Sykes stated that the Silver Lake Road Task Force is currently looking at
11 reconstructing in 2007. She stated that sidewalks are a big issue in addition to lighting and
12 crosswalks. She stated that she would forward copies of their meeting minutes for their review.
13
14 XI. ANNOUNCEMENTS
15
16 Commissioner Jenson provided the Commission with a brief update of the Silver Lake Road
17 Task Force noting that they have met three times to discuss the issues. He stated that there are
18 approximately 40 members on this Task Force including members from Hennepin County and
19 two City Council Members. He explained that there is one more meeting planned with the idea
20 to finalize the plans, get it into the 2006 budget process and construct in 2007.
21
22 Chair Stromgren asked that a final report be provided to the Commission for their review.
23
24 XII. ADJOURNMENT
25
26 Motion by Vice Chair Hanson, second by Commissioner Jensen, to adjourn the meeting at 7:33
27 p.m.
28
29 Motion carried unanimously.
30
31 Respectfully submitted,
32 Bonnie Sullivan
33 TimeSaver Off Site Secretarial, Inc.
STAFF REPORT
To: Planning Commission Report No.: VIII.I.
From: Kim Moore-Sykes,Assistant City Manager
Date: January 17, 2006
Subject: VSI Construction—Office Building Complex
Requested Action: Concept Review
Property Address: Vacant Lot adjacent to Tires Plus
Zoning District: Commercial
60-Day Expires: N/A;to date,no application has been received
Requested Action:
Discussion only.
Background: I received a call from Todd Mohagen,VSI Construction about the possibility of building an
office building on the vacant lot adjacent to Tires Plus. Mr. Mohagen was advised staff that the building will be
leased as offices for realtors,insurance agents, accountants, attorneys, etc.
The Zoning Code for Commercial calls for a minimum lot size of 15,000 square feet; this vacant lot is 36,892.31
square feet according to the plat. The proposed building has a footprint of 6,441.6 square feet,with two levels,
main and lower levels. There also exists a drainage easement to the south and east that significantly reduces the
useable area on this lot.
Parking requirements are based on a gross floor area of 12,883 square feet. The Zoning Code requires one
parking space for every 300 square feet,which for this project equals 43 parking spaces. The sketch plan has 35
parking spaces planned, leaving a deficit of 8 parking spaces.
Attachments:
• Sketch Plan and Elevations.
011706 VSI Construction.doc
'9 Message Page 1 of 1
Kim Moore-Sykes
From: Todd Mohagen [tmohagen@mohagenhansen.com]
Sent: Wednesday, January 11, 2006 1:12 PM
To: kmoore@ci.saint-anthony.mn.us
Subject: RE: Brent Thompson
Kim,
Attached please find the necessary site plan and renderings for the project Brent Thompson has been
discussing with you.
Thanks,
Todd E.Mohagen, AIA
Principal
Mohagen/Hansen Architectural Group
1415 E. Wayzata Boulevard
Suite 200
Wayzata, MN 55391
Tel. 952-473-1985
Fax. 952-473-1340
tmohagen mohagenhansen.com
www.mohagenhansen.com
1/11/2006
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STAFF REPORT
To: Planning Commission Report No.: VIH.2.a
From: Kim Moore-Sykes,Assistant City Manager IAY___9
Date: January 17,2006
Subject: Review of Changes to Small Lots (Nonconforming)Ordinance
Property Address: N/A-
Zoning_District: Various
60-Day Expires: N/A
Requested Action:
Discussion only.
Back ound: Attached is proposed language from Chair Stromgren for R-1 small lots in St.Anthony. He
also proposes to use similar language for R-1A and R-2 lots. In reviewing the lot sizes of various areas in St.
Anthony,Staff could not find any R-1 and R-1A residential lots smaller than 7,000 SF. Both Ramsey and
Hennepin Counties'plats and online property searches were checked.
Lots determined to be nonconforming would be those lots platted and in existence prior to the City's
codification of the Zoning Ordinance in August 1976. As suggested by Chair Stromgren,these lots would
be "grandfathered" in as nonconforming and are subject to Section 1660—Nonconforming Uses and
Structures. Chair Stromgren has also prepared revised language for Section 1660,which would allow for
the specific and limited expansion of nonconforming uses and structures.
With regard to the R-2 lots,while they would not be considered nonconforming unless they existed prior to
1976,it is my understanding that most of the R-2 properties were established after 1976. If an R-2 property
is determined to be smaller in square footage,the owner would have to obtain a variance to the area
requirements in the Ordinance.
Attachments:
• Proposed Languages Changes to Address Small Lots—Chair Stromgren
• Proposed Language Changes to Nonconforming Uses and Structures—Chair Stromgren
Section 1615 — R-1 SINGLE-FAMILY DISTRICT
1615.05 Dimensional Regulations.
Subd. 2. Area and Width. No dwelling may be constructed or placed on (a) an
interior lot of less than 9,000 square feet, or less than 75 feet in width at the
building setback line, or (b) a corner of less than 11,000 square feet or less than 90
feet in width at the building setback line. Existing non-conforming lots of less
than 9,000 square feet, or corner lots of less than 11,000 square feet, are governed
by Section 1660 — NON-CONFORMING USES AND STRUCTURES.
Subd. 6. Side Yards. Dwellings must have two Q side yards the combined
width of which is at least 15 feet, and each side yard must be at least 5 feet wide.
A side yard adjacent to a street must be at least 30 feet wide... , or a distance equal
to the average of the depths of the side yard(s) of an adjacent lots(s) and fronting
the same street.
Subd. 8. Lot Coverage. The lot coverage for residential structures on lots with an
area 9,000 square feet and may not exceed 35%. The lot coverage for residential
structures on lots with an area less than 9,000 square feet, may not exceed 40%.
La) The lot coverage for nonconforming single family detached dwellings
permitted by Section 1660 with an area less than 7,000 square feet but equal to
or greater than 6,000 square feet may not exceed 45%, and lots with an area
less than 6,000 square feet may not exceed 50%. *
* Does this constitute an encouragement of"their survival,or to permit them to be enlarged,expanded or extended.;
Section 1660,p.16-47? And 1660.02 Subd.1.Existing Structure. No structure used for a nonconforming use may be
enlarged,extended,reconstructed,replaced or moved except to change it to a conforming use.
f
(e) City buildings including fire and police stations and other municipal service buildings not considered
industrial.
Subd. 10. General Regulations. Property in the R-1 District is also subject to the provisions of Section
1650.
Section 1660- NONCONFORMING USES AND STRUCTURES
1660.01 Intent. It is the intent of this Section to permit nonconforming uses and structures, as defined in Section
1600.03, to continue until they are removed, but it is not the intent of this Section to encourage their survival, or
to permit them to be enlarged, expanded or extended, except as specifically allowed.
1660.02 Limited Continuation. A nonconforming use or structure may be continued only so long as it remains
otherwise lawful and complies with the following provisions:
Subd. 1. Existing Structure. No structure used for a nonconforming use may be enlarged, extended,
reconstructed, replaced or moved except to change it to a conforming use, and except as allowed
below.
Subd. 2. Expansion of Use. No nonconforming use may be extended to occupy any additional land
outside any buildings in which the nonconforming use is conducted.
Subd. 3. Change to Conforming Use. If property used for a nonconforming use is subsequently used for
a conforming use, the nonconforming use may not thereafter be resumed.
Subd. 4. Discontinued Use. When a nonconforming use is discontinued for a period of 12 months, the
nonconforming use will no longer be permitted.
DSubd. Destruction ofBuilding. If a building used for a nonconforming use is removed or destroyed to
t of over 50% of the fair market value, the nonconforming use will no longer be permitted.
Subd. 6. Existing Nonconforming Residential Lot. Existing lots in R-1, R-1A, or R-2 that do not
meet the minimum requirements set forth in this code as to area and dimensions, may be used
for single family (detached) dwelling provided that the width of such lot is not less than 40 feet
and such lot contains at least 5,000 square feet in area, and the lot was on record prior to the
date of this code.
Subd. 7. Enlargement of nonconforming buildinq. A nonconforming building occupied by a
conforming use may be enlarged if the expansion meets all applicable City Code
requirements.
Su_ bc . Enlargement of building with nonconforming setback. A legally nonconforming
sing ee.or two family dwelling or garage which existed on or before June 1, 1995,which is
occupied by a conforming use, and which does not meet current setback requirements
can be expanded up to 50 percent of the floor area of the existing structure, as long as
the following conditions are met:
(a) the expansion does not extend any farther into the required setback than the existing
structure;
(b)the existing structure does not infringe on the setback more than 50 percent of the
required setback distance; and
(c)the expansion meets all other applicable City Code requirements.
2 of 2
STAFF REPORT
To: Planning Commission Report No.: VIII.2.b
From: Kim Moore-Sykes,Assistant City Manager )IA (6
Date: January 17, 2006
Subject: Swimming Pool Fencing Ordinance
Requested Action: Concept Review
Background:
The issue of the height of swimming pool fencing has been an item of discussion between staff and residents for
some time. This issue was taken up at the Planning Commission's worksession meeting in December. The
Commissioners were provided with a number of other cities' ordinances and the ordinance from the City of
Eden Prairie provided the flexibility that the Commissioners felt made sense for the City of St.Anthony.
Attachments
• Proposed ordinance language for fencing around outdoor swimming pools.
011706 Swimming pool fencing.doc
• 'a
Section 1315 — SWIMMING POOLS
1315.01 Definition. For purposes of this Section,sSwimn-ng pools are defined as any
structure,basin,basin ,chamber or tank containing an artificial body of water used
for swimming, diving or recreational bathing,over 24 inches in depth,or with a
surface area of more than 150 square feet, that is constructed above or below
ground.
1315.04 Safety Requirements. Safety precautions must be at a minimum to comply with the
following:
(a) All outdoor swimming_pools existing and hereafter constructed shall
be completely enclosed by a security fence or wall at least four M
but no more than six (6) feet high and located at least four (4) feet
from the edge of the pool. The bottom of the fence shall be no higher
than four (4) inches above the surface of the ground. AA peels must
feet 7n heibht designed to reasonably prevent:........,. tfe le by
STAFF REPORT
To: Planning Commission Report No.: VIII.2.c.
From: Kim Moore-Sykes,Assistant City Manager �V Wb
Date: January 17, 2006
Subject: Proposed PUD Ordinance Revisions
Requested Action: Concept Review
Background:
This is an issue that has been discussed by the Planning Commission for several months. While this zoning
designation has been used successfully by the City for years. But as redevelopment efforts in the City is
completed, there continue to be areas in the community that would benefit from a Planned Unit Development
designation, the remaining sites are generally smaller than the current requirement of three (3) acres.
In researching this issue with other cities, the planning association and other regions around the country, there
are new ideas with regard to PUDs that may provide positive results for further redevelopment efforts in the
City of St.Anthony.
Attachments:
• Proposed revised ordinance language for Planned Unit Developments
011706 PUD Rev suggestions.doc
I
i
Section 1655 - PLANNED UNIT DEVELOPMENT
1655.01 Purpose. The purpose of this Section 1655 is to provide for planed
unit developments PUDs within the City. PUD districts are
intended to permit flexibility of site design, the conservation of
land and open space through clustering of buildings and activities,
and an incentive to developers to plan creatively. This flexibility
can be achieved by allowing deviations from standards including
setbacks, heights and similar regulations while still adheringto o all
the standards and purposes of the Comprehensive Land Use Plan.
PUDs are characterized by central management, integrated
planning and architecture,joint or common use of parking, open
space and other facilities, and a harmonious selection of and
efficient distribution of uses.
1655.02 Definitions.
Subd. 1. PUD. A PUD is a zoning district and development plan,
which may include single or mixed uses, and one kD or more lots or
parcels. And which is intended to create a more flexible, creative
and efficient approach to the use of land. Any PUD shall be subject
to the procedures, standards and regulations contained in the
Section 1655. APQP site must be at least acres-i�r�a
"YY
lieations for PUP approval ivW not be considered for sites e
less than 3 aEres.
There is no minimum property area for the PUD development plan.
However, if a property is less than three (3) acres in size, the
applicant must demonstrate to the satisfaction of the City that the
property cannot be reasonably combined with adjacent properties,
and that the type and design of the development is compatible with
adjacent areas and land uses.
HAOrdinances\Ordinance Changes Revisions\2006\Section 1655 PUDs 011706.doc
1 t
XI. INFORMATION AND DISCUSSION.
XI.1. Residential Parking For Vehicles
XI.2. Prairie Grasses
XI.3. Accessory Dwelling Units
City Code Section 1046 &.AL� Page 2 of 6
Inoperable Vehicle. A vehicle including, but not limited to, any automobile, truck,
trailer, marine craft, snowmobile, motorcycle, all terrain vehicle, mobile home,
pickup camper, camping trailer, and other equipment for motorized transportation,
that (i) has a missing or defective part that is necessary for the normal operation of
the vehicle, or (ii) is stored on blocks, jacks, or other supports, or (iii) does not
display a license, or displays a license that is 60 days or more past its required
renewal date. Unmounted pickup campers or vehicles which are towed shall not
be deemed inoperable vehicles if they otherwise possess all parts and are
capable of normal operation and display a license that is not more than 60 days
past its required renewal date if a license is required.
Non-Conforming Parking Location. An outdoor location on the driveway of a lot
in the R-1 or R-2 District which location is not within 15 feet of the street and not
within five feet of a side lot line.
Recreational Vehicle. A vehicle used or designed for use for temporary
residential occupancy including but not limited to campers, motorhomes, mobile
homes, pickup campers, camping trailers, tent trailers and travel trailers.
Snowmobile. A self-propelled vehicle designed for travel on snow or ice steered
by skis or runners.
Special Purpose Trailer. A trailer having a gross vehicle weight of less than 1500
pounds. Special purpose trailers include utility trailers, and trailers used to
transport boats, snowmobiles or ATVs.
1046.02 Parking or Storage of Commercial Usage Vehicles, Inoperable Vehicles at
Parts. Commercial usage vehicles, inoperable vehicles, or any part or equipment appurter
vehicle shall not be:
A. Parked or stored outdoors on lots in residential districts.
B. Parked or stored outdoors on lots in non-residential districts for more than 48
continuous hours except that abandoned motor vehicles impounded by the City
pursuant to Section 1410 of this Code may be stored outdoors by the pound
keeper designated by the Manager.
Provided, however, vehicles and equipment used for maintenance, repair, or construct
premises may be parked on the premises during the period of work.
1046.03 Parking or Storage of Recreational Vehicles, Boats, ATVs, Snowmobiles, etc. R
vehicles, boats, ATVs, snowmobiles, special purpose trailers or other vehicles designed or u
road purposes may be parked or stored in a garage or lawfully erected building, or may bE
stored outdoors as follows:
Subd. 1 Lots in the R-1 District, R-2 District, PRD-1 and PRD-2 Subdistricts.
A. No more than two such vehicles, not more than one of
which is a recreational vehicle, shall be parked or stored
http://www.ci.edina.mn.us/Pages/L5-01_CityCodeSectlO46.htm 1/9/2006
City Code Section 1046 Page 3 46
outdoors on each lot. For purposes hereof, a vehicle on a
trailer shall be considered one vehicle.
B. Any such vehicle parked or stored outdoors shall be
owned or leased by the occupant of the premises where
parked or stored.
C. Any such vehicle shall not be parked or stored within five
feet of an interior side lot line, within 25 feet of a rear lot
line, or within the required front street setback or side street
setback as defined by Section 850 of this Code.
D. Any such vehicle shall not be parked or stored closer to
the buildable area for a principal building on an adjoining lot
than to the principal building on the lot where parked or
stored.
E. Notwithstanding the requirements of paragraphs A., B.,
C., and D. of this Subdivision, any such vehicle may be
parked on a temporary basis on a driveway within the
required front street setback or side street setback subject
to the following requirements:
1. Such vehicle shall not be parked
for a period of time exceeding seven
days.
2. Such vehicle shall not be parked
within 15 feet of the traveled portion
of a street and not within five feet of
a side or rear lot line.
It is the intent of this paragraph to permit the short term
parking of such vehicles for loading or unloading purposes
and to accommodate the visitors and guests of the
residents of the premises.
Subd. 2 Lots in All Other Residential Districts.
A. Any such vehicle parked or stored outdoors shall be
owned or leased by the occupant of the premises where
parked or stored.
B. Any such vehicle parked or stored outdoors shall be
parked or stored only on hard surfaced areas.
Subd. 3 Lots in Non-Residential Districts.
A. Any such vehicle shall not be parked or stored outdoors
htt ://www.ci.edina.mn.us/Pa es/L5-01 Ci CodeSect1046.htm 1/9/2006
P g _ tY
City of Cedar Falls - Parks: Code of Ordinance Pagel of 3
Parks
Welcome to the Park Division
606 Union Road-Cedar Falls,Iowa 50613-(319)273-8624
Code of Ordinance
General Information I Park Maps and Descriptions I Golf Courses
Cemetery's Descriptions and Fees I Code of Ordinance
CODE OF ORDINANCES
CITY OF CEDAR FALLS, IOWA
Chapter 20
PARKS AND RECREATION
Sec. 20-271.1 Street tree planting regulations.
Trees to be planted in street right-of-way must conform to categories A or B and/or C, said categories to be
adopted and/or amended by resolution adopted by the city council. Street tree planting regulations are as
follows:
(1)Trees should be spaced so there will be little or no interference with their full development. The
minimum spacing shall be 20 feet for category A; 30 feet for category B; 50 feet for category C measured
from center on each street tree.
(2)At least nine square feet of ground shall be maintained for each street tree and no impervious material
shall be placed nearer than 24 inches to the trunk of the tree.
(3) No street shall be planted nearer than two and one half feet to the curb and sidewalk line and
centered in parking eight feet and less in width. Plantings in parkings over eight feet in width shall be
planted four feet from the edge of the sidewalk.
(4) No street tree shall be planted closer than 20 feet from the radius of curb at intersections or closer
than ten feet to the edge of a driveway.
(5)The minimum spacing from a light standard or transmission pole shall be ten feet for category A; 20
feet for category B; and 30 feet for category C measured from center of street tree to standard or pole.
(6)As new tree species are introduced, they will be added to these lists.
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Sec. 20-262. Noxious weeds prohibited; exceptions.
(a) It shall be unlawful for the owner or person in possession or control of any land within the city to
maintain, cause or permit a nuisance as defined in this section to exist upon such land. For purposes of
this section, a nuisance is defined as noxious weeds, which shall include the following:
(1) Quack grass (Agropyron repens);
(2) Perennial sow thistle(Sonchus arvensis);
(3) European morning glory and field bindwood (Convolvulus arvensis);
(4) Horse nettle(Solanum carolinesnse);
(5) Leafy spurge (Euphorbia esula);
(6) Perennial peppergrass(Lepidium draba);
(7) Russian knapweed (Centaurea repens);
(8) Buckthorn (Rhamnus, not to include Rhamnus frangula), and all other species of thistles
belonging in genera of Cirsium and Carduus;
(9) Butterprint(Abuilon theophrasti), annual;
(10) Cocklebur(Xanthium commune), annual;
http://www.ci.cedar-falls.ia.us/humanleisure/parks/parks_parkcode.htm 1/11/2006
City of Cedar Falls - Parks: Code of Ordinance Page 2 of 3
(11)Wild mustard (Brassica arvensis), annual;
(12)Wild carrot(Daucus carota), biennial;
(13) Buckhorn (Plantago lanceolata), perennial;
(14) Sheep sorrel (Rumex acetosella), perennial;
(15) Sour dock(Rumex crispus), perennial;
(16) Smooth dock (Rumex altissimus), perennial;
(17) Poison hemlock(Conium maculatum);
(18)Wild sunflower(wild strain of Helianthus annus L.), annual;
(19) Puncture vine (Trimbulus terrestris), annual;
(20)Teasel (Dipasacus), biennial;
(21) Grass exceeding 12 inches in height; and
(22)Wild vines or wild bushes.
(b)The following areas are hereby declared not to be a nuisance as defined in subsection (a)of this
section:
(1) Prairie grass areas, wildflower planting areas, natural reserve and preserve areas, urban
woodlots, wildlife refuge and conservation areas, wetlands and natural waterways, all as
recognized and identified by a governmental agency.
(2) Land zoned agricultural under the zoning ordinance of the city exceeding five acres in size.
(3) Other conservation or natural areas deemed appropriate by the city council after consultation
with the director of human and leisure services or his/her designee.
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Sec. 20-263. Failure to destroy noxious weeds; right to hearing; destruction by city.
(a) If the owner or person in the possession or control of any land within the city fails or refuses to cut or
otherwise destroy the grass, vines, bushes or weeds declared a nuisance as provided in section 20-262
within ten days after notice in writing has been given to such owner and person in possession or control
of land within the city, the owner or other person in possession or control of such land shall be deemed
guilty of a violation of this article and punished accordingly. Such written notice to cut or otherwise destroy
the vegetation declared a nuisance in this article shall be sent by certified mail to the owner of record and
the person in possession or control of the land in question. Such ten-day notice to cut or otherwise
destroy shall be deemed to commence on the date of mailing of the written notice.
(b) Each owner and each person in possession or control of any land within the city may request a
hearing with the department of human and leisure services of the city to consider any objections and
protests to the proposed cutting or otherwise destroying of the vegetation declared in this article to be a
nuisance. The parks services division manager, acting under the direction of the director of human and
leisure services, shall have full power and authority to enter upon any land within the city for the purpose
— of destroying a nuisance. The parks services division manager shall coordinate the removal of the
nuisance with the public works department if necessary. Such entry may be made without the consent of
the landowner or person in possession or control of the land, but actual work of destruction shall not be
commenced until five days after the service of a notice in writing on the landowner and on the person in
possession or control of the land. Such notice shall state the facts as to failure of compliance with the
notice provided for in subsection (a) of this section, and shall be mailed by certified mail. In computing the
time under this section, it shall be from the date of mailing, as evidence by the certified mail receipt.
(c)The actual cost and expense of cutting or otherwise destroying the ,ve etationtogether with the cost
9 9
of serving of notice, the costs of special meetings or proceedings, if any, and the costs of supervision and
administration, shall be recovered by an assessment against the tract of land on which the vegetation
was growing.
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Sec. 20-279. Recreational trails.
The following rules and regulations apply to all recreational trails within the City of Cedar Falls, Iowa:
http://www.ci.cedar-falls.ia.us/human leisure/parks/parks_parkcode.htm 1/11/2006
1�
�'t-�L,
Municipal Parking Lot - Alderman Keene reported on his conversation with Jeff Beverage. Mr.
Beverage has agreed to assist in the costs for paving the parking lot across from his funeral
home. For compensation, all he asks is that he be allowed to use the area for over-flow
parking, when needed. Several items were noted--there would be no overnight parking
allowed, parking would be on first-come first-served basis, the city would maintain the lot
(landscaping, snow removing, etc.) and sidewalks are needed. Mayor Thomas requested
Alderman Keene have an agreement drafted and initialed by Mr. Beverage and the city.
Supt. Hake will take care of the demolition permit to remove the building on the lot.
When questioned if the city should sell the lot to Mr. Beverage and put it back on the tax
rolls, it was noted that an appraisal would have to be done. Secondly, it is believed the
downtown area will grow towards the east and other businesses, such as the offices that will
be going in to the new Primus Development, would be able to use the lot.
Additional Police Officer Position - Alderman Robinson discussed the possibility of adding an
additional police officer position, especially since the department is short two officers. He
would like to see the council start the ordinance process to add one more police officer
position. When questioned if the police department needs another sergeant, it was noted
the Police Commission makes that determination; it is not up to the council. The Police
Commission's job is to hire, fire and discipline. Several questions were posed to Chief
Olson. After much discussion, it was decided to place this matter on the next agenda for
voting.
Dr. Robert Lerohl - Dr. Lehrohl stated he received a letter from the city about mowing the
detention area by his dental office. He said he is trying to restore that area with prairie
grass. He distributed information explaining the benefits of restoring natural grasses to each
council member. He indicated three years ago he sent the city a letter of intent to use the
area in and around the detention basin for prairie restoration, and received no negative
response back. The past two years he has received complaints, and addressed those
complaints by sending letters explaining the restoration project. This year, again, he has
received a letter to mow. He indicated that although they do not mow, they spot weed the
area. He asked council to examine the area and rather than mow it down, look at it as an
asset and benefit. Alderman Knox said he took a walk through the area. Although he felt
the detention pond was nicely done, there were large quantities of thistles in the back area
past the birdhouse and outside the detention pond. The land designer, who was in the
audience, responded the area in question containing the thistles is not part of the prairie
restoration area. She indicated she would remove the thistles in that area immediately. Mr.
Lerohl said he would like to restore the back area, which is floodplain. There have been
sightings of endangered species, like the redheaded blackbird, in that area. Mr. Lerohl
stated he has no problem in removing the thistles, but prefers not to mow down the
investment he has made in the prairie grass.
The city's ordinance states no weeds or grass taller than ten inches. Complaints have been
received from neighbors and residents, especially residents who they themselves received a
notice because their weeds/grass were over ten inches tall. Some complaints imply that
favoritism is being showed towards Dr. Lerohl.
Mayor Thomas pointed out that either everyone abides by the ordinance, or the city council
has to change the ordinance. Council needs to decide if it is going to enforce the ordinance.
If the ordinance does not have to be enforced for one person, then the police department
should not be required to enforce it for anyone. City Attorney Paul read directly from the
city's ordinance what is prohibited, which included grasses growing over ten inches. It was
questioned if the city should make a change to the ordinance to allow tall grass when it is a
business and part of the landscaping.
Mr. and Mrs. Carpenter were in the audience and said they have been active in the
Conservation Foundation for many years and were in favor of Dr. Lerhol's restoration
project. With all the interest in prairie restoration, they felt this movement is here to stay and
is a responsible way for the community to care for their lawns.
After much discussion, Dr. Lerohl was requested by Alderman Keene to have the
Conservation Department verify and declare his prairie restoration project as a natural area
and the council would keep the matter tabled until they heard back from him in the near
future.
Purchase of City-Owned Real Estate - Richard Shermer addressed the council regarding land
west of his property at 627 W. Center Street. This parcel was once designated to be a
street. There is a 132' x 20' tract between the detention area and his property he would like
to purchase. He offered $400 plus the costs of transferring the title. This would put the
property back on the tax roll.
There being no further business to come before the Committee, motion made by Alderman
Hyatt, seconded by Alderman Dannewitz, to adjourn the meeting at 9:05 p.m. By voice
vote, motion carried unanimously.
Debra Kell, City Clerk
City of Big Lake Chapter 10 Zoning
Section 1066—Wetlands Overlay District
3. The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds
per acre.
4. Native shrubs may be substituted for forbs. Such shrubs may be bare root
seedlings and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall
be distributed so as to provide a natural appearance and shall not be planted in
rows.
5. Any ground cover or shrub plantings installed in buffer areas are independent of
landscaping requirements set forth elsewhere in the City Code and City policy.
6. Native prairie grasses and forbs shall be planted by a qualified contractor using a
drill designed for native prairie grass seedlings, such as a Truax or Nesbitt Native
Grass Drill or a John Deere 1550 Power-Till Seeder.
7. No fertilizer shall be used in establishing new buffer zones, except on highly
disturbed sites where deemed necessary to establish acceptable buffer vegetation
and then limited to amounts indicated by an accredited soil testing laboratory.
8. All seeded areas shall be mulched immediately with a mulch material approved
by the City Engineer. Mulch shall be anchored with a disk or tackifier.
9. Buffer zones (both natural and created) shall be protected by silt fence during
construction and the fence shall remain in place until the area crop is established.
10. Applicants may obtain from the City a set of standard seeding and planting
specifications for buffer zones which meet all the City requirements.
Subd. 4. During the first two (2) years, the developer shall replant any buffer
vegetation that does not survive. After two (2) years, if the condition of the buffer area changes
through natural processes not caused by the property owner, the owner shall not be required to
re-establish the buffer area to meet the standards established in this Section.
1066 - 8
The Eureka Reporter- Printer Friendly Page Page 1 of 2
g�
i
City Council to discuss downsizing Tuesday
by Kara D.Machado, 12/4/2005
In an effort to provide low-income housing to Eureka residents,the City Council will consider converting older motels
into efficiency dwelling units through a proposed ordinance to downsize the square footage of each unit.
City Public Works Director Mike Knight said the proposed ordinance will be before the council Tuesday.
"If it is introduced, it will be back to be adopted unless the council elects not to go for it," Knight said. "It .. appears the
council is interested in moving forward"with the revisions being made.
Keep in mind, there will be another opportunity for public comment and the council will have more time to consider it,so
it's really going to be up to the City Council to see if the ordinance meets its expectations."
According to Kermit Thobaben,director of planning for the Redwood Community Action Agency,the RCAA initiated the
idea and approached city officials to approve downsizing the current requirement of 220 square feet of living space to
150 square feet.
"Basically, because part of our mission(at RCAA) is to develop affordable housing and what they call single-room
occupancy rental units are commonly developed and used about the country—such as San Francisco hotels being
converted into living quarters,"Thobaben said. "We took a look around (in our community)and realized we have older
motels that are well-maintained and in good condition, but are having difficulty getting high occupancy because the
newer motels are getting the travelers and visitors.
"So we approached several of(the older motel)owners and they indicated a willingness to sell at a reasonable price."
The units,Thobaben said,would include efficiency kitchens/cooking facilities, bathrooms and all other amenities that
are standard in efficiency apartments.
Thobaben said the issue has been before the City Council twice, in June and again in July, and the proposed ordinance
was brought before the council in November.
"It will take two readings(to become effective)",Thobaben said. "So that will take at least two future council meetings."
Thobaben said the passing of the proposed ordinance looks promising.
City Manager David Tyson said Eureka already has ordinances in place that address self-dwelling units.
"But Mr.Thobaben had asked the council to consider reducing the number of square feet and so the council is
considering that and has given direction to staff to develop an ordinance so they could consider this direction as far as
reducing the size of the dwelling units from 220 to 150 square feet and staff is responding to the city council's request,"
Tyson said. "Basically,what staff does, in this case, is to reconsider if they want to go into this direction of reduction.
Tyson said he did not want to comment on what direction he thinks the City Council will take.
Mayor Peter La Vallee,who also works with RCAA, said the proposed ordinance would address some of the housing
element issues.
"With this change(in square footage), it would take a lot of people off the street,"La Vallee said.
City Attorney David Tranberg said he does not have a strong opinion about the proposed ordinance.
"The advocates for the change(of downsizing square footage)think it will accomplish a good deal to create more living
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The Eureka Reporter- Printer Friendly Page Page 2 of 2
units,"Tranberg said."The City Council introduced the ordinance, so I take it they see it the same way ... so it appears
it is on its way to adoption."
If the council does decide to reduce the square footage,fire and building codes would still have to be followed,Tyson
said.
City Fire Marshal Rick Bennett said, initially,the fire department was hesitant about the reduction of the square footage;
however the fire department was OK with the proposed ordinance after working in"comfort factors,"such as fire
suppression/sprinkler systems and fire detectors.
Linda Gillette, site manager for the California Tribal TANF Partnership, and Cindy Sullivan, case worker for the
organization, both agreed the downsizing will do little to help clients such as theirs.
Gillette said most of the tribal organization's clients have multiple family members and, in hotels, "legally you can only
have four people in a hotel."
"Some(of our clients) have three to four to five kids,"Gillette said.
Sullivan said she believes the City Council should not lower the square footage.
"Kids need a separate space they can play and do homework, etc.,and a spot to call their own and with under(220)
square feet,you just don't have that,"Sullivan said."1 understand there's a need for housing, but let's not squash
everyone in one place."
Thobaben said,in looking at the big picture in terms of affordable housing,the main question is,"How do you make
housing affordable?"
Housing"is so expensive ... and (in)our area and we're making changes in our zoning and building codes to reduce the
size of lots for single-family houses to allow second units on single family lots;where there is normally one house,we
are encouraging a second unit(on the lot),such as a granny/mother-in-law unit,"Thobaben said."It's the same with
apartments.
"We are serving single people with modest incomes who would be happy to pay$350,for example, and have a little
bathroom,kitchen and their own space. It's difficult to find housing that's affordable, so downsizing housing makes it a
little more affordable."
Thobaben said RCAA will initially buy one motel and then another,and so on. He declined to comment on the
prospective motels being looked at for conversion to efficiency dwelling units.
"We are unsure which one we will buy first,"Thobaben said. "City staff is aware, but(we)don't talk about particular
properties."
http://www.eurekareporter.com/PrinterFriendly.aspx?ArticleID=6206 1/11/2006
C��7I�\C7I�I7'1T YY O PTS
&�L, it CRUZ
PLANNING DEPARTMENT
Housing&Community Development Division
809 CENTER STREET,Room 206,SANTA CRUZ,CA 95060.831/420-6250-FAX 831/420-6458
ADU ZONING REGULATIONS
TITLE 24 ZONING ORDINANCE OF THE CITY OF SANTA CRUZ
CHAPTER 24.16 PART 2
24.16.100 Purpose.
The ordinance codified in this part provides for accessory dwelling units in certain areas and on
lots developed or proposed to be developed with single-family dwellings. Such accessory
dwellings are allowed because they can contribute needed housing to the community's housing
stock. Thus, it is found that accessory units are a residential use which is consistent with the
General Plan objectives and zoning regulations and which enhances housing opportunities that
are compatible with single-family development.
To ensure that accessory units will conform to General Plan policy the following regulations are
established.
(Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003).
24.16.120 Locations Permitted.
Accessory dwelling units are permitted in the following zones on lots of 5000 square feet or
more:
1. RS-5A, RS-10A
2. RS-1A, RS-2A
3. R-1-10
4. R-1-7
5. R-1-56.R-L, R-T(A), (B), and (D).
(Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003).
24.16.130 Permit Procedures.
The following accessory dwelling units shall be principally permitted uses within the zoning
districts specified in Section 24.16.120 and subject to the development standards in Section
24.16.160.
1. Any accessory dwelling unit meeting the same development standards as permitted for the
main building in the zoning district, whether attached or detached from the main dwelling.
2. Any single story accessory dwelling unit.
Any accessory dwelling unit not meeting the requirements above shall be conditionally
permitted uses within the zoning districts specified in Section 24.16.120 and shall be
permitted by administrative use permit at a public hearing before the zoning administrator,
subject to the findings per Section 24.16.150 and the development standards in Section
24.16.160.
(Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003).
24.16.150 Findings Required for Conditionally Permitted Accessory Dwelling Units.
Before approval or modified approval of an application for an accessory dwelling unit, the
decision making body shall find that:
1. Exterior design of the accessory unit is compatible with the existing residence on the lot
through architectural use of building forms, height, construction materials, colors,
landscaping, and other methods that conform to acceptable construction practices.
2. The exterior design is in harmony with, and maintains the scale of, the neighborhood.
3. The accessory unit does not result in excessive noise, traffic or parking congestion.
4. The property fronts on an adequate water main and sewer line each with the capacity to
serve the additional accessory unit.
5. The site plan provides adequate open space and landscaping that is useful for both the
accessory dwelling unit and the primary residence. Open space and landscaping provides
for privacy and screening of adjacent properties.
6. The location and design of the accessory unit maintains a compatible relationship to
adjacent properties and does not significantly impact the privacy, light, air, solar access or
parking of adjacent properties.
7. The one and one-half to two-story structure generally limits the major access stairs, decks,
entry doors, and major windows to the walls facing the primary residence, or to the alley if
applicable. Windows that impact the privacy of the neighboring side or rear yard have been
minimized.-The design of the accessory unit shall relate to the design of the primary
residence and shall not visually dominate it or the surrounding properties. - -
8. The site plan shall be consistent with physical development policies of the General Plan, any
required or optional element of the General Plan, any area plan or specific plan or other city
policy for physical development. If located in the Coastal Zone, a site plan shall also be
consistent with policies of the Local Coastal Program.
9. The orientation and location of buildings, structures, open spaces and other features of the
site plan are such that they maintain natural resources including heritage or significant trees
and shrubs to the extent feasible and minimize alteration of natural land forms. Building
profiles, location and orientation relate to natural land forms.
10. The site plan is situated and designed to protect views along the ocean and of scenic
coastal areas. Where appropriate and feasible, the site plan restores and enhances the
visual quality of visually degraded areas.
11. The site plan incorporates water-conservation features where possible, including in the
design of types of landscaping and in the design of water-using fixtures. In addition, water
restricting shower heads and faucets are used, as well as water-saving toilets utilizing less
than three gallons per flush.
(Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003).
24.16.160 Design and Development Standards.
All accessory dwelling units must conform to the following standards:
1. Parking. One parking space shall be provided on-site for each studio and one bedroom
accessory unit. Two parking spaces shall be provided on site for each two bedroom
accessory unit. Parking for the accessory unit is in addition to the required parking for the
primary residence. (See Section 24.16.180 for parking incentives.)
2. Unit Size. The floor area for accessory units shall not exceed five hundred square feet for
lots between 5000 and 7500 square feet. If a lot exceeds 7500 square feet, an accessory
unit may be up to 640 square feet and, for lots in excess of 10,000 square feet, a unit may
be up to 800 square feet. In no case may any combination of buildings occupy more than
thirty percent of the required rear yard for the district in which it is located, except for units
which face an alley, as noted below. Accessory units that utilize alternative green
construction methods that cause the exterior wall thickness to be greater than normal shall
have the unit square footage size measured similar to the interior square footage of a
traditional frame house.
3. Existing Development on Lot. A single-family dwelling exists on the lot or will be constructed
in conjunction with the accessory unit.
4. Number of Accessory Units Per Parcel. Only one accessory dwelling unit shall be allowed
for each parcel.
5. Setbacks for Detached Accessory Dwelling Units. The side-yard and rear-yard setback for
detached single story structures containing an accessory dwelling unit shall not be less than
three feet in accordance with the Uniform Building Code, and the distance between
buildings on the same lot must be a minimum of 10 feet. Accessory units higher than one
story shall provide side yard setbacks of five feet and rear yard setbacks of ten feet. If any
portion of an accessory dwelling unit is located in front of the main building, then the front
and sideyard setbacks shall be the same as a main building in the zoning district. Accessory
dwelling units are not eligible for variances to setbacks.
6. Setbacks for Attached Accessory Dwelling Units. Attached accessory dwelling units shall
meet the same setbacks as a main building in the zoning district.
7. Other Code Requirements. The accessory unit shall meet the requirements of the Uniform
Building Code.
8. Occupancy. The property owner must occupy either the primary or accessory dwelling.
9. Building Height and Stories.
a. A one story detached accessory dwelling unit shall be no more than thirteen feet in
height.
b. A one and one-half to two story detached accessory dwelling shall be no more than
twenty-two feet in height measured to the roof peak.
c. An attached accessory unit may occupy a first or second story of a main residence if it is
designed as an integral part of the main residence and meets the setbacks required for
the main residence.
d. If the design of the main dwelling has special roof features that should be matched on
the detached accessory unit, the maximum building height of the accessory dwelling unit
may be exceeded to include such similar special roof features subject to review and
approval of the Zoning Administrator.
10. Alley Orientation. When an accessory dwelling unit is adjacent to an alley, every effort shall
be made to orient the accessory dwelling unit toward the alley with the front access door
and windows facing the alley. Parking provided off the alley shall maintain a twenty-four foot
back out which includes the alley. Fences shall be three feet six inches along the alley.
However, higher fencing up to six feet can be considered in unusual design circumstances
subject to review and approval of the Zoning Administrator.
11. Design. The design of the accessory unit shall relate to the design of the primary residence
by use of the similar exterior wall materials, window types, door and window trims, roofing
materials and roof pitch.
12. Large Home Design Permit. The square footage of an attached or detached accessory unit
shall be counted with the square footage of the single family home in determining whether a
large home design permit is required.
13. Open Space and Landscaping: The site plan shall provide open space and landscaping that
are useful for both the accessory dwelling unit and the primary residence. Landscaping shall
provide for the privacy and screening of adjacent properties.
_14. The-following standards-apply to accessory dwelling units located outside the standard side
and rear yard setbacks for the district. - - - -
The entrance to the accessory unit shall face the interior of the lot unless the accessory
unit is directly accessible from an alley or a public street.
Windows which face an adjoining residential property shall be designed to protect the
privacy of neighbors; alternatively, fencing or landscaping shall be required to provide
screening.
15. A notice of application shall be sent to the immediately adjoining neighbors.
(Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 §2 (part), 2003).
24.16.170 Deed Restrictions.
Before obtaining a building permit for an accessory dwelling unit the property owner shall file
with the county recorder a declaration of restrictions containing a reference to the deed under
which the property was acquired by the present owner and stating that:
1. The accessory unit shall not be sold separately.
2. The unit is restricted to the approved size.
3. The use permit for the accessory unit shall be in effect only so long as either the main
residence, or the accessory unit, is occupied by the owner of record as the principal
residence.
4. The above declarations are binding upon any successor in ownership of the property; lack of
compliance shall be cause for code enforcement and/or revoking the conditional use permit.
5. The deed restrictions shall lapse upon removal of the accessory unit.
(Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 §2 (part), 2003).
26.16.180 Zoning Incentives.
The following incentives are to encourage construction of accessory dwelling units.
1. Affordability Requirements for Fee Waivers. Accessory units proposed to be rented at
affordable rents as established by the city, may have development fees waived per Part 4 of
Chapter 24.16 of the Zoning Ordinance. Existing accessory dwelling units shall be relieved
of the affordability condition upon payment of fees in the amount previously waived as a
result of affordability requirements, subject to an annual CPI increase commencing with the
date of application for Building Permit.
2. Covered Parking. The covered parking requirement for the primary residence shall not apply
if an accessory dwelling unit is provided.
3. Front or Exterior Yard Parking. Three parking spaces may be provided in the front or
exterior yard setback under this incentive with the parking design subject to approval of the
Zoning Administrator. The maximum impervious surfaces devoted to the parking area shall
be no greater than the existing driveway surfaces at time of application. Not more than 50%
of the front yard width shall be allowed to be parking area.
4. Tandem Parking. For a parcel with a permitted accessory dwelling unit, required parking
spaces for the primary residence and the accessory dwelling unit may be provided in
tandem on a driveway. A tandem arrangement consists of one car behind the other. No
more than three total cars in tandem may be counted towards meeting the parking
requirement.
5. Alley Presence. If an accessory dwelling unit faces an alley as noted in the design standards
in this chapter, the limitations on rear yard coverage as specified in Section 24.16.160 (2)
and/or Section 24.12.140 (5)do not apply.
(Ord. 2003-17 § 2 (part), 2003; Ord. 2003-16 § 2 (part), 2003).
24.16.300 Units Eligible for Fee Waivers.
Developments involving residential units affordable to low or very-low income households may
apply for a waiver of the following development fees:
1. Sewer and water connection fees for units affordable to low and very low income
households.
2. Planning application and planning plan check fees for projects that are one hundred percent
affordable to low and very-low income households.
3. Building permit and plan check fees for units affordable to very-low income households.
4. Park land and open space dedication in-lieu fee for units affordable to very low income
households.
5. Parking deficiency fee for units affordable to very-low income households.
6. Fire fees for those units affordable to very-low income households.
(Ord. 93-51 § 6, 1993).
24.16.310 Procedure for Waiver of Fees.
A fee waiver supplemental application shall be submitted at the time an application for a project
with affordable units is submitted to the city.
(Ord. 93-51 § 6, 1993)
Client Assistance Memo
uh rtmen of Planning and _
Development6
® ® m
m
ao • e •-e• - • o -e - - e o- • •'
Establishing an Accessory a The accessory unit must be in the principal structure,
not in an accessory structure such as a garage.
Dwelling Unit (ADU) • A single family dwelling may have no more than
one ADU.
Updated October 24, 2005 ■ The home must provide two off-street parking
spaces. (See exception on next page.)
■ An accessory unit is limited to an area of 1,000
This Client Assistance Memo(CAM)explains the appli- square feet; it may exceed this maximum size,
cable regulations and process for establishing acces- however, if the structure was in existence prior to
sory dwelling units(also called ADUs or mother-in-law June 1, 1999, and if the entire accessory unit is
units)in owner-occupied single family homes in Seattle. located on the same level.
Legislation allowing accessory dwelling units became ■ Only one entrance may be located on each front
effective Dec. 1, 1994. or street side of the residence unless more than
one entrance on a front or street side existed as of
What is an ADU? Jan. 1, 1993, or DPD determines that topography,
screening or other design solution de-emphasizes
An ADU is a room or set of rooms in a single family the presence of a second entrance.
home that has been designed or configured to be ■ Minimum ceiling height for a unit in a portion of
used as a separate dwelling unit. It generally in- a structure constructed before Oct. 17, 1979, is
cludes living, sleeping, kitchen and bathroom facilities 6 feet 8 inches,or 6 feet 4 inches if a hard-wired
and has a lockable entrance door. For more infor- smoke detector is provided. For structures or por-
mation, see CAM 606, "Illegal Dwelling Units"; DPD tions of structures constructed after Oct. 17, 1979,
Director's Rule 7-83, "Determining the Existence of a minimum ceiling height is 7 feet. See Director's
Dwelling Unit for Purposes of Code Enforcement"; and Rule 3-2005 for more information.
Director's Rule 10-95, "Attached vs. Detached as Ap- ■ In sleeping rooms located in buildings constructed
plied to Accessory Structures and Uses.'
after Aug. 10, 1972, or in rooms converted or
established for sleeping purposes after August 10,
What requirements must be met to 1972, there shall be at least one operable window
establish an accessory dwelling unit? or exterior door approved for emergency escape
or rescue. The window or door must be operable
An ADU may only be established if it meets all of the from the inside. All emergency escape windows
following requirements: shall have a minimum net clear opening of 5.7
■ The home must be occupied by one or more square feet(grade floor openings allowed to be 5
owner(s)of the property as a permanent and princi- square feet), a minimum net clear openable height
pal residence. The owner may live in either the main dimension of 24 inches, and a minimum net clear
or accessory unit and must have a 50 percent or openable width dimension of 20 inches. The win-
greater interest in the property. The owner-occupant dow must have a finished sill height not more than
must live in the structure for more than six months of 44 inches above the floor. The sill height may be
each calendar year. The owner may not receive rent measured from the top of a constructed step with a
for the owner-occupied unit at any time. riser of not more than 7 inches.
■ If any of the persons occupying the two units are ■ The ADU must meet current standards of the Se-
unrelated, the maximum total number of residents attle Residential, Building, Mechanical, Electrical
in both units may not exceed eight. and Energy Codes.
Pnnted on totally chlorine-free paper made with 700%post-consumer Aber
DPD Client Assistance Memo#116—Establishing a New Accessory Dwelling Unit(ADU) page 2
Are there any exceptions to these tion on plan requirements, see CAM 103, "How to
requirements? Draw a Plot Plan,"CAM 106, 'General Standards for
Plans and Drawings,'CAM 303, 'Building Permit Plan
Parking—A waiver of the requirement for the parking Requirements for Single Family and Duplex Projects,°
space for the ADU may be granted if topography of and CAM 303A, °Common Single Family and Duplex
the site or structure location makes it unduly burden- Building Code Items.'
some to provide it. For information on applying for a
parking waiver, see CAM 117, 'Parking Waivers for You must also complete the attached Application
Accessory Dwelling Units.' Form, fill out a Certificate of Owner Occupancy
Temporary owner absence—If DPD determines that (also attached)and have it notarized, and complete
any relevant waiver form(s). Bring your application
that the owner has violated owner-occupancy require- material to the ASC for screening by a permit leader,
ments, the owner shall: 1) reoccupy the structure, 2) If your material is complete, you will be scheduled for
remove the ADU, or 3) submit evidence showing good an intake appointment.
cause, such as job dislocation, sabbatical leave, edu-
cation or illness for a waiver of this owner-occupancy At the intake appointment, you will also have to pay a
requirement to allow up to three years' absence from recording fee and a development permit fee based on
the Puget Sound region. the value of the work to be done.
Your Certificate of Owner Occupancy will be recorded
What are the process, cost and submittal with the King County Department of Records and
requirements for establishing a unit? Elections where it will become part of the title records
To begin the process of establishing an ADU, you for your property.
must first complete and submit an Address/Records Your permit application and plans will be reviewed
Worksheet form, in person or by mail, to the DPD Ap- for conformance with city of Seattle codes, and
plicant Services Center(ASC): you will be notified of plan corrections you need to
make and of decisions on any waiver requests. You
Location: 20th floor of Seattle Municipal Tower will need to pick up your plans from the Applicant
700 Fifth Ave. Services Center and make necessary changes and
Mailing Address: 700 Fifth Ave., Suite 2000 resubmit them for review.
P.O. Box 34019 Once your plans are approved,your permit will be
Seattle, WA 98124-4019 issued at the DPD Permit Issuance Desk in the ASC.
Phone: (206)684-8850 There will be no public comment period and no appeal
Hours: Mon/Wed/Fri: 7:30 a.m.-5:30 p.m. opportunity to the Hearing Examiner or City Council.
Tues/Thurs. 10:30 a.m.-5:30 p.m. As the work indicated on your plan proceeds, you
must call the DPD Regulating Construction Program
The Address/Records Worksheet is available from the at(206)684-8950 for required inspections. When
Applicant Services Center or online at www.seattle. work is complete, call the inspector and request a
gov/dpd/publications/forms. — - final inspection. When the-final inspection approval is-
DPD will then confirm the legal description and ad- granted, a tenant may occupy the accessory unit.
dress of your home and assign you a Project Number.
Before your intake appointment you will need to pre- What Other permits are required?
pare two sets of plans, including a DPD coversheet, You may need a separate electrical permit from DPD
plot plan, and floor plans(of the entire building, not if electrical work is needed to establish the unit. If
just the accessory unit), energy calculations, and, for you plan to do the work yourself you may apply di-
a new structure(a new residence including an ac- rectly at the ASC; otherwise your electrical contractor
cessory unit)or if there are changes to the building must apply. If plumbing work is necessary, you will
envelope, elevations. New structures or additions need a plumbing permit from the Seattle/King County
will also require full plan sets, including framing plans, Health Department, which is currently located at the
foundation plans, sections, etc. ASC. For information on plumbing permits, call
Your plans must clearly identify where new work will (206) 684-5198.
be done to create the accessory unit. For informa-
LEGAL DISCLAIMER: This Client Assistance Memo(CAM)should not be used as a substitute for codes and regulations. The applicant is
responsible for compliance with all code and rule requirements,whether or not described in this CAM.
DPD Client Assistance Memo#116—Establishing a New Accessory Dwelling Unit(ADU) page 3
What happens when a home with an How can you learn more about
accessory dwelling unit is sold? establishing an accessory dwelling unit?
The new purchaser of a home with a legally estab- Visit the DPD Applicant Services Center(ASC), locat-
lished accessory dwelling unit must file a new no- ed on the 20th floor of Seattle Municipal Tower at 700
tarized Certificate of Owner Occupancy with DPD Fifth Ave., and sign in to speak with a staff member.
within one year of transfer of ownership, if the new You may also speak with staff by phone by calling
owner intends to continue maintaining an accessory (206)684-8850.
unit,whether or not it is occupied by tenants. You
must pay a fee to DPD for the purpose of recording ASC Hours: Monday, Wednesday, Friday
this document with King County. If the new owner 7.30 a.m.-5:30 p.m.
chooses to discontinue use of the accessory dwelling Tuesday, Thursday
unit, s/he will have to remove features which make it a 10:30 a.m.-5:30 p.m.
separate unit. See CAM 606, 'Illegal Dwelling Units,'
for more information.
What if a unit is created without a permit?
If DPD receives a complaint about an illegal accesso-
ry dwelling unit, the department will inspect and can
cite the owner with a Notice of Violation. An owner
who does not comply with a Notice of Violation is sub-
ject to a civil penalty of$75 per day after the date set
for compliance. Owners of illegal units will be subject
to an additional penalty of$1,000. This penalty shall
be reduced to$100 if, prior to the compliance date
stated on the notice, the owner removes the unit. Any
owner who voluntarily applies to legalize a unit prior
to issuance of a Notice of Violation shall be subject
to a reduced penalty of$100. This penalty will be
waived if the purchaser of a property with an existing
unauthorized unit applies to legalize the unit within
one year of becoming the owner of the property as re-
flected in King County real estate records. Whenever
there is a tenant in an illegal unit of which use must
be discontinued in response to a Notice of Violation,
the owner must pay the evicted tenant relocation as-
sistance in the amount of$2,000 or two months rent,
depending on the tenant's(s') income.
-5510 Information
^L nk's°to bbtronid versions
DPDkClient z °
Assistarice Memos(CAMs)tDirec`t6r,',S.Rules,
and the'Seattle MuncipalCbde ar'e.available
on-the'"Publicatiohs"acid°Codes"pages of our
website at.vi►ww.seattle:gov/dpd. Paper copies
of these documents,'as-well,as-additional regula-
tions mentioned in-this CAM;,are=avail'able from
our.'Public�'Resourd6rCenter;°located on the'20th
'floor',of Seattle MuriieipaIJoWer,'at 700;Fifth Ave. in
downtown�Seattle;(206)'6:8'48467.,
LEGAL DISCLAIMER: This Client Assistance Memo(CAM)should not be used as a substitute for codes and regulations. The applicant is
responsible for compliance with all code and rule requirements,whether or not described In this CAM.
Application to Establish an Accessory Dwelling Unit
CHECK ONE OF THE BOXES BELOW:
Applying to create a new ADU
Applying to legalize an existing unauthorized unit. As reflected in King County real estate re-
cords, I purchased the home in which the unauthorized unit is located less than one year ago,
and am submitting proof of this purchase. (No penalty)
❑ Applying to voluntarily legalize an existing unauthorized unit. There will be a penalty of$100 un-
less final inspection approval is obtained within one year of permit issuance.
Applying to legalize an existing unauthorized unit based on a complaint, and have already been
issued a Notice of Violation. (Penalty$1,000)
Project Number
Address
Owner Daytime Phone#
Assessor's Parcel Number
Submit this form along with required plans and other documents.
Parking Waiver Request, if necessary _ Not located within a Residential Parking Zone(RPZ)
Located within a RPZ; parking waiver study included
Name(s)of Tenant(s) Phone:
Phone:
Phone:
Owner Occupancy Certificate, completed and notarized
Date Unit was Created (to best of your knowledge):
Value of Construction Work Needed to Legalize Unit:
Copy of the Contractor's Registration/Lien Law Form (completed)
--- — Copy of Agent's Authorization Letter-from Owner(if-agent)
Applicant's Name Date received
(PLEASE PRIM)
Applicant Signature Date signed
Relationship of applicant: (circle one)owner, agent, architect, contractor, engineer
Receipt# Date of receipt
For DPD Use Only(must be completed)
Application Parking #of Parking Unit
for Parking Waiver Spaces Square
Waiver? Granted? Provided Footage
Yes No Yes No spaces sq.ft.
Accessory Dwelling Unit Certification of Owner Occupancy
State of Washington )
County of King S/S )
I, , being first duly sworn, on oath do hereby certify under penalty of
perjury under the laws of the State of Washington:
That I am an owner of the single family dwelling unit located at
and have a fifty percent(50%)or greater interest in this property; and
That I have applied or am making application to establish an authorized accessory dwelling unit at this location;
and:
❑ That I presently occupy and will continue to occupy one of the two dwelling units at this location as my
principal and permanent residence(see Land Use Code Section 23.44.041A2).
❑ That this certification will remain in effect during the period of my ownership of the property unless I re-
cord a certification with the King County Office of Records and Elections that the use of the property for
an accessory dwelling unit has been discontinued.
❑ That I am building a new single family residence with an accessory dwelling unit with the intent to sell the
residence.
When the property is sold, I will notify the new property owner(s)of the requirements of SMC 23.44.041, includ-
ing the requirement to file a new Certification of Owner Occupancy with the Department of Planning and Devel-
opment(DPD)for recording if they intend to maintain and rent the accessory dwelling unit. Failure to submit this
certification within one year of transfer of ownership shall be a violation of the Land Use Code if the new owners
continue renting the accessory dwelling unit.
This certification will remain in effect during the period of my ownership of the property unless I record a certifi-
cation with the King County Office of Records and Elections that the use of the property for an accessory dwell-
ing unit has been discontinued.
(SEAL OR STAMP) Signature of Affiant
Name of Affiant
Signed and sworn to(or affirmed)before me on this
day of (month), (year)by
Signature of Notary Public
Title
My appointment expires:
Falsely certifying owner occupancy or failing to comply with the terms of owner occupancy certification is
subject to a civil penalty of$5,000, in addition to any criminal penalties.
A recording fee must be paid to the Department of Planning and Development for the purpose of
recording this document with King County.
(c) Permits. Prior to a manufactured home being moved into a lot, the owner shall
apply for and obtain a building permit for the (foundation) blocking to State Code and a
permit for connection to public sewer and water. The application for permits shall be
accompanied by a site plan, drawn to scale, detailing the unit placement, accessory
structures, and setbacks.
(d) Upgrading. Prior to locating a manufactured home housing unit constructed prior
to 1 July 1972, on a lot within a manufactured home park within the City, said unit shall
be upgraded to current life safety codes and subject to the approval of the Building
Official.
(e) Street Maintenance. All private internal streets in manufacturing home parks
shall be maintained by the park owner in a good state of repair, free from obstructions,
encumbrances, depressions, pot holes, and break ups. Snow shall be promptly plowed
and removed from streets and adjacent mail boxes and fire hydrants, so that snow or
snow piles do not constitute a safety hazard to motorists and pedestrians, or constitute an
obstruction to emergency service vehicles. Icy streets and areas adjacent to mail boxes
shall be promptly sanded. "Promptly" shall mean no later than twenty-four (24) hours
after the end of a snow fall or in the case of ice within twenty-four(24)hours after it was
formed.
21190.04 ACCESSORY DWELLING UNITS:
Subd. 1. Accessory dwelling units may be allowed within residential subdivisions
that have received preliminary plat approval on or after June 1, 2001 and that include ten (10) or
more single-family lots, subject to the approval of an administrative permit.
Subd. 2. An accessory dwelling unit may be allowed provided all of the following
conditions are met:
(a) An accessory dwelling unit shall be located above an attached or detached garage
that is accessory to a single-family detached home located in the RSF-1, RSF-2, or PUD
zoning district.
(b) An administrative permit for the accessory dwelling unit may only be applied for
concurrently with the application for a building permit for construction of the principal
structure on the lot.
(c) Not more than one (1) accessory dwelling unit shall be allowed on a single-family
detached lot.
(d) An attached or detached.accessory dwelling unit shall comply with the same
minimum building setback requirements as required for the living portion of the principal
dwelling unit.
(e) Except as noted in (c) above or as otherwise specified in this subdivision, a
detached accessory dwelling unit shall be subject to the same regulations as provided for
under Section 21120 of this Chapter.
21190-7
gn
(f) An accessory dwelling unit shall be a clearly incidental and subordinate use, the
gross floor area of which shall not exceed the gross floor area of the principal dwelling
unit or one thousand (1,000) square feet, whichever is less.
(g) The exterior design of an accessory dwelling unit shall incorporate a similar
architectural style, roof pitch, colors, and materials as the principal building on the lot,
and shall be compatible with the character of the surrounding residential buildings.
(h) The owner of the property shall reside in the principal dwelling unit or in the
accessory dwelling unit.
(i) Rental of the accessory dwelling unit, or rental of the principal dwelling unit if the
property owner resides in the accessory dwelling unit, shall require a City license
pursuant to Chapter 4 (Housing and Redevelopment) of the City Code.
(j) There shall be no separate ownership of the accessory dwelling unit.
(k) In addition to the parking spaces required for the principal dwelling unit on the
lot, two (2) off-street parking spaces shall be provided for an accessory dwelling unit.
Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling
unit parking spaces, and shall comply with the requirements of this Chapter.
(l) An accessory dwelling unit shall have a separate address from the principal
dwelling unit on the lot, and shall be identified with address numbers pursuant to Chapter
4 (Building Code)of the City Code.
(m) The principal dwelling unit and accessory dwelling unit shall be created and
maintained in compliance with Chapter 4 (Building Code, Housing Maintenance, and
Housing and Redevelopment) of the City Code.
(n) The principal dwelling unit and accessory dwelling unit shall be connected to
municipal sewer and water.
(Amended by Ord. No. 2002-24, 06125/02)
21190-8
C IT Y O P
ACCESSORY DWELLING UNITS
What permits are required?
A conditional use permit is required for accessory dwelling units. Conditional use
permits require review by the Planning Commission and approval by the City Council.
Following conditional use permit approval, a building permit is also required.
Are there minimum lot size requirements?
Yes. The lot must be at least twice the minimum lot size required by the zoning district
to accommodate an accessory dwelling unit. The principal structure and accessory
dwelling unit must be located on one undivided lot. The accessory dwelling unit must be
connected to municipal utilities.
Where can the accessory dwelling unit be located on my property?
Accessory dwelling units must meet the setbacks required for principal buildings within
the zoning district. The accessory dwelling unit must be no more than the height of the
existing principal building or the maximum height for the zoning district, whichever is
less.Accessory dwelling units also can not exceed 900 square feet of floor area.
Structures which exceed this maximum will require an additional conditional use
permit.
How many accessory dwelling units are allowed on my property?
No more than one accessory dwelling unit is permitted per lot. However, an additional
accessory structure (i.e. a shed or detached garage)is also permitted. Please see the
"Accessory Structures"handout for more information.
Who can occupy the accessory dwelling unit?
The accessory dwelling unit must not be owned independently of the principal structure
and must not have a separate address. The unit can not be rented to individuals
unrelated to the occupant of the principal dwelling.A minimum of two parking spaces
must be provided for the dwelling unit on the lot.
Are there restrictions on the types of building materials that I can use?
If the accessory structure is greater than 120 square feet and within a residential
district, the exterior building materials must be consistent with the exterior materials
used on the house.
Who can I contact with questions?
Staff is available to assist you with questions at (952) 473-6961. If you have a question
about building permits,please contact the Building Official. However, if you have a
question about setbacks or other zoning requirements, please contact the City Planner.
Where can I obtain the permit forms?
Building permit and accessory structure zoning review forms are available on our
website at:www.ci.long-lake.mn.us. The forms are also available at City Hall, 450
Virginia Avenue in Long Lake.
SECTION 19. GENERAL BUILDING AND PERFORMANCE REQUIREMENTS
Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to establish general
development performance standards. These standards are intended and designed to assure
compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the
health, safety and general welfare of the residents of the community.
Subd. 2. Dwelling Unit Restriction.
A. No temporary structures shall at any time be used as living quarters temporarily or
permanently.
B. Accessory structures must not be used as dwelling units without an approved
conditional use permit.
C. Basements and cellars may be used as living quarters or rooms as a portion of the
principal residential dwelling as long as all of the requirements of the Building
Code are met.
D. Tents, play houses or similar structures may be used for play or recreational
purposes.
Subd. 3. Platted and Unplatted Property.
A. Any person desiring to improve property shall submit to the City Clerk a survey of
said premises and information on the location and dimensions of existing and
proposed buildings, location of easements crossing the property, encroachments,
and any other information which may be necessary to insure conformance to City
Ordinances.
B. All buildings shall be so placed so that they will not obstruct future streets which
may be constructed by the City in conformity with existing streets and according to
the system and standards employed by the City.
C. Except in case of Planned Unit Developments, not more than one (1) principal
building shall be located on a lot. The words "principal building" shall be given
their common, ordinary meaning as defined in Section 2 of this Ordinance, in case
of doubt or on any questions or interpretation the decision of the City Council shall
be final. Shopping centers shall be interpreted as having more than one (1)
principal building.
D. Frontage. No building requiring a building permit shall hereafter be erected upon
any parcel unless such parcel abuts upon a public street for a minimum of forty
(40) continuous lineal feet. The said frontage shall not be used primarily for the
purpose of a driveway or roadway for ingress and egress to the major portion of the
parcel on which the building is to be erected.
Section 19 Page 1 10/19/2004
F. On a through lot(a lot fronting on two (2)parallel streets), both street lines shall be
front lot lines for applying the yard and parking regulations of this Ordinance.
Subd. 4. Accessory Buildings.
A. An accessory building shall be considered an integral part of the principal
building if it is connected to the principal building by a covered
passageway.
B. Setback Requirements. No accessory buildings shall be erected or located in
front of the front line of the building or within the front yard of a property.
Accessory buildings and shall be five (5) feet or more from all lot lines
adjoining lots, shall be ten (10) feet or more from any other building or
structure on the same lot and shall not be located within a utility easement.
C. Maximum Building Size. No accessory building or garage per single family
home shall occupy more than twenty-five (25) percent of a rear yard, nor
exceed nine hundred (900) square feet of floor area. Garages which exceed
the aforesaid maximum may be allowed with a Conditional Use Permit
under the provisions of this Ordinance.
D. Maximum Building Height. The maximum height of accessory structures shall
be prescribed in the applicable district, provided that the height of an
accessory structure shall not exceed the height of the principal structure.
E. Maximum Number on a Lot. No more than two (2) accessory structures are
permitted per parcel. This provision shall not apply to parcels in the
Institutional district. However, no more than one of the two accessory
structures permitted may be a detached private garage. Every single family
dwelling unit hereafter erected shall be so located on the lot so that at least a
two (2) car garage, either attached or detached, can be located on said lot.
F. Permitted Building Materials. Accessory buildings in all residential districts
shall have exterior building materials that are consistent with the exterior
building materials used on the principal building. Acessory structures less
than 120 s.f. are exempt from this requirement
G. Accessory buildings constructed primarily of canvas, plastic, fabric or other
similar non-permanent building materials are permitted for no more than 6
months of the calendar year.
H. Building Permit Required. Accessory structures less than 120 sf do not require a
building permit but do require an accessory structure zoning review from
the City. All accessory structures larger than 120 sf require a building
permit.
Section 19 Page 2 10/19/2004
Subd. 5. Accessory Uses and Equipment.
a. No accessory uses or equipment such as air conditioning cooling structures
or condensers which generate noise may be located in a side yard except for
side yards abutting streets where equipment is fully screened from view.
b. Drive-through menu boards. Two menu boards per restaurant use are
allowed with a permitted drive-through facility, subject to the following
conditions:
i. The main menu board shall not exceed thirty-six square feet in
surface area or eight feet in height from grade toteh top of the sign.
ii. A second smaller menu board is permitted to be located prior to the
main menu board and adjacent to the drive-through aisl within view
of drive-through customers. If a second menu board is used, the
main menu boards shall be reduced to thirty-two square feet. The
smaller menu board shall not exceed six square feet in surface area
or four feet in height. This menu boards shal provide a selection of
menu items and shall not be used primarily for graphics or
advertising.
iii. The menu boards shall be of the same style and color, single-sided
and oriented in such a manner so that the boards provide
information to the patrons using the drive-through facility only.
iv. Product advertising shall not be attached to any menu board in
excess of the maximum size allowed.
V. Menu boards must not be audible from any adjacent residential or
residentially zoned properties and comply with all City noise
regulations.
Subd. 6. Accessory Dwelling Units. Accessory dwelling units are permitted within single
family zoning districts through an approved conditional use permit which meets the
following criteria:
i.No more than one accessory dwelling unit is permitted per single family lot;
ii.The principal structure and accessory unit must be located on one undivided lot.
iii.The accessory dwelling unit will not be owned independently of the principal
structure and will not have a separate address. The accessory dwelling unit
will not be rented to individuals unrelated to the occupant of the principal
dwelling unit.
iv.The lot containing the principal structure and accessory dwelling unit must be at least
twice the minimum lot area required for the zoning district. The accessory
dwelling unit will meet the minimum setbacks required for a principal
structure within the zoning district. The height may meet the height
permitted in the zoning district as long as it does not exceed the height of
the principal structure.
v.The accessory dwelling unit is limited to a maximum of 900 s.f. Accessory structures
exceeding this maximum require a separate conditional use permit.
vi.A minimum of two parking spaces must be provided for each accessory dwelling
unit.
vii.The accessory dwelling unit must be connected to municipal utilities.
Section 19 Page 3 10/19/2004
Subd. 7. Structural Encroachments.
A. All Districts. Eave encroachments may extend three feet into the required
front, side and rear setbacks but in no case shall the setback to these
encroachments be less than seven feet. No other encroachments are
permitted within residential districts.
B. Special Regulations for Properties Within the Village Boundm Area.
Eaves, canopies and signage may encroach into the sidewalk by up to
2/3rds of its width, only supported by the structure and located at least 8' in
height on the structure. No other encroachments will be permitted.
Subd. 8. Drainage Plans. In the case of all apartment, business and industrial developments,
the drainage plans shall be submitted to the City Council for their review, and the final
drainage plan shall be subject to their approval.
Subd. 9. Fences.
A. Permit Required. No person, firm or corporation shall hereafter construct or cause
to be constructed or erected within the City of Long Lake, any fence without first
making an application for and securing a building permit.
B. AMlication Procedures. Each application for a permit under this Section shall be
submitted on forms provided by the City. Each such application shall include a
certificate of survey showing the location of house (s), garages (s), and other
improvement on the lot and the location of the fencing to be erected, altered or
relocated. A survey may not be required if the corner property stakes are located
on the property or a survey exists in the property file.
C. Standards for Residential District Fences. Fences of chain-link construction shall
only be permitted in rear yards. Except as otherwise provided herein, no fence
shall be erected or maintained more than six (6) feet in height. The following
standards shall also apply:
1. All fences shall be approximately 1' from the property line, located entirely
upon the private property of the person, firm or corporation constructing or
causing the construction of such fence. No fences shall be placed on or
extend into public rights-of-way, or be located on public easements.
2. That side of any fence considered to be its "face" (i.e., the finished side
having no structural supports) shall face abutting property or street right-of-
way.
3. Every fence shall be constructed in a substantial, workman-like manner and
of substantial material reasonably suited for the purpose for which the fence
is proposed to be used. Every fence shall be maintained in a condition of
reasonable repair and shall not be allowed to become and remain in a
Section 19 Page 4 10/19/2004
Planning Commission Meeting Page 1 of 4
Planning Commission Meeting
Dayton City Council Chambers- City Hall
Thursday, June 9, 2005
1. Call to Order.
The Meeting was called to order by Vince Johnson
Roll Call: Chair Vince Johnson and Commissioners Randy Dahlheimer, Steve Fowler, Robert
O'Brien, and Dean Schultz were present as was Planner Lisa Atkinson, Planning Assistant Mike
Pettit, City Clerk Sandy Borders, City Engineering Consultant Mark Hansen, and Council Liaison
Scott Hoke
2. Pledge of Allegiance.
3. Approval of the Agenda.
The agenda was approved by consensus.
4. Open Forum.
Frank Simon of 18860 Territorial Road, stated he approves of the Cemstone project and the Dayton
Business/Industrial Park and that any trucking traffic resulting from any new businesses to this area
should not be too much of a problem for the City and for traffic in the area. Simon also expressed
he believes these new businesses and the traffic from Cabella's in Rogers should hopefully bring
the interchange with Interstate Highway 94 to help with any future traffic problems.
5. City Council Update.
Council Liaison Hoke updated the Commission on the following items: the 81 Corridor Study was
a rpve6b� the City Council; Goose Lake Ro g 11 be closed ar uV2unekl�th; tha� Auto �uction
Iglerun s Permit and rezoning was approve y ity Council; t ie one peci gricu lure
rezoning was approved; the RPM Graphics Home Occupation CUP was approved. He also stated
Pat,j�n1�,lay th� Co 11.oggpv d avin of 125th A e and eding �i h Te jndustria�Park
ease i ity stu Y. A �itio ly, anse has been ng UK rty o apse rove an
Hennepin County about participating in the Study, he is also talking with the City of Maple Grove
about purchasing some of their water for that area of Dayton,
The Comprehensive Plan Amendment, the rezoning, and the preliminary plat and PUD of
Minnesota RV were approved by City Council and the CUP for the Coffee Shop in downtown
Dayton was revoked.
Commission Chair Johnson asked Councilmember Liaison Hoke how far the improvements for
125th ve w uld o. Hoke replied that the Council approved improving 125th Ave. as far as East
French Lake oadg
Engineering Consultant Hansen informed the Commission the 125th Ave. improvement bids w.1The
going out U0 d.Jul 6 anq %e �ouncil l ha of?lly be able to awgd the�id on the July 12
mee ing o e City ounce . o e state the i a or the project is to ave e excavation done
with this fall and the paving done one year from now.
6. New Business.
6.1 Elsie Stephens Conditional Use Permit
Staff provided an overview of the application. Stephen Boulka has applied for approval of a
conditional use permit to allow an accessory dwelling structure,permitted by a conditional use
permit on the Elsie Stephens property located at 14430 Dayton River Road. The legal description
of the property is All that part of Govt lot 1 in Sec. 9 T 120 R 22 lying nely of Co. Rd. No. 12, also
all that part of Govt lot 3 in Sec. 10 T 120 R 22 lying nely of said, Hennepin County Minnesota.
http://www.ci.dayton.mn.us/pc06O9O5.htm 1/11/2006
Planning Commission Meeting Page 2 of 4
The property is approximately 15.614 acres in size. The property currently has an occupied
primary dwelling structure located on it and two secondary dwelling units, one of which has been in
continuous use and one which has not been used for a few years. The currently vacant second
dwelling unit has been vacant since a few years ago when it was damaged by fire and which has
been partially renovated since that time. The structure has its own private well, septic system, gas,
electricity, and garage.
The property owner would like to restore the partially destroyed structure for a second home on the
property. The driveway for this second home branches off of the existing driveway that serves the
main house. The property will remain one as 15.614 acre parcel.
The Concept Guide Plan of the Comprehensive Plan shows this area as guided for R-P Public
Recreation. It is surrounded by land that is guided for agriculture and residential in the 2020
Comprehensive Plan. The property, and surrounding area, has always, in the past, been zoned for
Agriculture. The property is served by a private septic system and a private well. The second
residence will be served by a separate private septic system and a private will.
The applicants would like to continue to use the primary home on their parcel, and also use the two
secondary "farm-help" type homes on the property. The use is not a new use, as there have been
two secondary homes on the property in addition to the primary home for decades, however as one
of the homes has been vacant since the 1980s and there is no known conditional use permit for the
accessory dwelling unit, a conditional use permit is required to use the additional home as an
accessory dwelling unit.
The conditional use permit is being requested for a type of residential property would allow an
unattached structure to be located in the front of the home instead of behind the home.
Commission Chair Johnson opened the public hearing.
Commission Chair Johnson closed the public hearing.
Commissioner Fowler asked Planner Atkinson if after the renovation, would the footprint be the
same as it is now? Planner Atkinson stated the footprint would stay the same, and that the
improvements to the second building will be primarily internal.
Commissioner Dahlheimer asked Planner Atkinson if the Conditional Use Permit would pass on to
the next person who resides at the home? Planner Atkinson replied yes it would, but the
Commission could recommend that it be an interim use permit instead, which would only apply to
this current property owner, or the Commission could leave it as it is currently stated that the use
- - --could be used by the future property--owners.
Councilmember Liaison Hoke stated that maybe the permit should expire when the property is
subdivided. Commissioner Chair Johnson stated that would be creating and interim use permit.
Councilmember Liaison Hoke discussed whether it should be an interim or conditional use permit,
and the effect when they subdivide the property so that the owners would have to either create a
new lot for the building or remove the building. Planner Atkinson stated that the cautious way
would be to change the CUP or IUP to the permit only being valid until the land was subdivided.
Applicant Steve Boulka stated that the family has no intent of subdividing the property in the
future. He stated that the 2020 Comprehensive Plan for the property is guided as park so any future
subdividing of the land is probably not going to be approved. He asked the Commission to allow
the CUP and to allow the title to change ownership in the family if the owner, Elsie Stephens, died.
He stated the family has no intent to sell the property to anyone outside of the family and the only
reason the title would ever change names is because a family member has died and the property is
getting passed down to someone else within the family.
http://www.ci.dayton.nm.us/pc06O9O5.htm 1/11/2006
Planning Commission Meeting Page 3 of 4
Commissioner Fowler asked Planner Atkinson if the land was shown in the 2020 Comprehensive
Plan as parkland. Planner Atkinson stated that it was. The Applicant stated that according to the
2020 Comprehensive Map the property would have to remain as is or it change into parkland.
Councilmember Liaison Hoke stated the use wouldn't cease to exist, if the land ever was
subdivided the house would have to have a lot created around it and the permit would cease to
exist.
ACTION:
Motion by O'Brien, second by Fowler to recommend the City Council approve of the Conditional
Use Permit. Ayes: all
6.2 Cemstone Waiver of Plat
Cemstone has been working on environmental reviews (AUAR) and preliminary background work
related to the development of the proposed area for some time. They are continuing to work
towards making a full subdivision application, but would like to purchase the property prior to the
full subdivision approval occurring.
Cemstone has submitted a request for"Waiver of Plat" to allow 3 existing parcels to be redrawn as
4 different parcels as a metes and bounds plat. The City has the option to consider the waiver of
plat, after holding a public hearing. Any approval granted would require an agreement between the
City and property owner preventing the use of the land until it is subdivided as part of a full
subdivision and also retaining all of the City's subdivision requirement rights and requirements
until that time.
City Staff provide the following information:
Existin2 Parcels
Parcel Number General Location Lot Size
31-120-22-44- Western most portion of the land being developed, 49.496 acres
0002 including a 1.704 acre parcel north of Territorial and
extending south to the Interstate and City border.
32-120-22-33- Small parcel located between two 40 approximately 4.991 acres
0002 40-acre parcels
31-120-22-41- Eastern half of the land being subdivided, extending 50.247 acres
0002 south to the Maple Grove border and east to Holly
Lane
Pro osed Parcels
Proposed Parcel General Location Lot Size
Label
A The portion of Parcel 31-120-22-44-0002 that extends 1.704 acres*
north of Territorial Rd. *This is less than the
minimum lot size, but would likely meet the test for a
variance
B The proposed Cemstone lot, which is almost a flag-lot 29.376 acres
in appearance as it includes the land proposed to be
under the railroadspur
C This is a triangular parcel located north of the 10.766 acres
proposed railroad spur, south of Territorial Road and
east of Cemstone.
http://www.ci.dayton.mn.us/pc06O9O5.htm 1/11/2006
PLANNING COMMISSION CONTACT INFORMATION
Updated January 10,2005
Name Term End Date
• Joel Stromgren, Chair 12/08
2512 Silver Lane NE, #205
St. Anthony, MN 55421
(home) 612-781-7048 (work) 612-278-7690 (e-mail) istromgrenQmillerdunwiddie.com
Todd Hanson, Vice Chair 12/07
4008 Penrod Lane
St. Anthony, MN 55421
(home) 612-781-6701 (work) 612-781-4730 (e-mail) thansonod(a-)isd.net
Don Jensen 12/08
3004 Armour Terrace
St. Anthony, MN 55418
(home) 612-789-0325 (e-mail) djensen@meridianlandcompany.com
Jim Hoska 12/06
3209 - 31"Avenue NE
St. Anthony, MN 55418
(home) 612-781-8836 (cell) 612-325-1662
Victoria Young 12/06
3113 Rankin Road
• St. Anthony, MN 55418
(home) 612-781-5928 (e-mail) vmyoung@stthomas.edu
Jan Jenson 12/06
2812 Hilldale Avenue
St. Anthony, MN 55418
(home) 612-788-1242 (work) 612-951-5234 (cell) 612-282-0308
Heath Galyon 12/07
3516 Sky Croft Drive
St. Anthony, MN 55418
(home) 612-788-1162 (e-mail)hlgalyoonkcomcast.net
Staff Liaison: Kim Moore-Sykes, Assistant City Manager
City Hall: 612-782-3312 (direct)
Fax: 612-782-3302
E-Mail: kmoore@ci.saint-anthony.mn.us
Recording Secretary: Bonnie Sullivan
8556— 140" St. W.
Apple Valley, MN 55124
40 HAPlarmingTC Members List\pc address 2006.doc