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HomeMy WebLinkAboutPL PACKET 09152020-WORKSESSIONIf you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313 or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay. Work Session Agenda Tuesday, September 15, 2020 5:30 p.m. 1. Accessory Buildings. Steve Grittman, City Planner presenting 2. Adjournment NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM TO: St. Anthony Village Planning Commission FROM: Stephen Grittman DATE: September 9, 2020 RE: St. Anthony Village – Planning Commission Worksession Accessory Buildings FILE NO: 323.02 Accompanying this memorandum is a proposed mark-up of accessory building regulations found in the City’s Zoning Ordinance. The information is presented in two formats. The first is a two-column table which includes the existing code language from various sections relating to accessory buildings (column 2). For the existing text, current language is either retained or altered. Where it is to be altered (or deleted), you will see it stricken. Where it is to be kept intact, it is left unchanged, and copied into the proposed language in column 1. In column 1, staff has proposed new or changed language for those sections. This section includes changes to Definitions and various district requirements, with the bulk of the text being a complete update to the Accessory Building section of the code found in Section 152.176. In addition, there are a series of new regulations that are proposed to be added, including a shoreland notation for accessory buildings adjacent to Silver Lake. The second portion of the proposed language is a new table that would be added which is designed to consolidate the bulk of the dimensional standards applicable to (mostly) R-1 district requirements, and (partially) to other districts. The standards in this section primarily import the current regulations from other sections of the code, but a few are new and intended to be consistent with the manner in which they are addressed in current practice. For the worksession, we will plan to review the various topics and concepts, with the goal being preparation of a draft ordinance and public hearing at an upcoming meeting. If you have any questions or comments, feel free to let me know in advance and I will research any additional information, or raise them at the meeting. 2 Just on additional note relating to worksession topics: We had discussed potentially tackling temporary business signage at this worksession as well (a topic that is unaddressed in the current sign code). However, given the Covid concerns and the virus’ impact on local business, this topic is being withheld for some point in the future. Accessory Buildings Generally Existing Code Definitions: GARAGE: An accessory building (attached or detached) which is used, or can be used, to store passenger automobiles and light trucks, and which has a door opening which is six (6) feet or greater in width. ACCESSORY BUILDING (Recreational, Garden Shed, or Similar): An accessory building of no more than 200 square feet in floor area sheltering and accessory use such as recreation (such as a gazebo), tools, lawn and garden equipment, mechanical equipment (such as swimming pool equipment), or similar purposes. Such a building has a roof, and may or may not have solid walls. A. The following Accessory Buildings shall be allowed as permitted uses: 1. R-1, Single Family Zones: a. One (1) Attached Garage. b. Two Detached Accessory Buildings, provided only one is a garage or other building greater than 200 square feet. No more than two garages, (only one of which may be a detached garage), shall be allowed on any single family parcel. c. One (1) Recreational Structure or Garden Shed meeting the requirements of this ordinance. d. Recreational structures and uses, including swimming pools, hot tubs, play structures, animal shelters of less than 36 square feet in area, and landscape elements that do not provide any shelter for human occupancy, provided all other conditions and performance standards are met. a.e. Setback from principal building. Unless attached to and made a Definitions: GARAGE. An accessory building or portion of a principal building which is principally used for the storage of motor vehicles owned by occupants of the principal building. Garages cannot be larger than the principal structure or be more than 1,000 square feet in size in R-1, R-1A, and R-2 zoned property. 152.176 ACCESSORY BUILDINGS. (A) In yards. No detached accessory building may be located within any yard other than the rear yard, except that garages may be located in side yards. See Table (B) Minimum setback. The wall of an accessory buildings shall not be located less than five (5) feet from any property line and in no case shall any eave or other portion of any accessory building may be located within 3 feet of any property line, except as provided in division (L) below. See Table (C) Accessory buildings attached. If an accessory building is attached to the principal structure, it will be considered a part of the principal building and must comply with all setbacks and other requirements applicable to the principal building. See Table (D) Setback from principal building. Unless attached to and made a part of the principal building, no eave or other portion of an accessory building may be closer than 5 feet from any eave or other portion of a principal building, except as provided in division (L) below. (E) Design. All accessory buildings constructed after the construction of the principal building must be designed and constructed in a manner consistent with the design and general appearance of the principal building. Accessory buildings constructed primarily of canvas, plastic part of the principal building, no eave or other portion of an accessory building may be closer than 5 feet from any eave or other portion of a principal building. f. Design. All accessory buildings constructed after the construction of the principal building must be designed and constructed in a manner consistent with the design and general appearance of the principal building. Accessory buildings constructed primarily of canvas, plastic fabric, or other similar non-permanent materials shall be prohibited. g. Commercial or Industrial Districts. No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. h. Attached and Multi-family Buildings. Attached and multi- family buildings in the R3 and R4 districts are allowed one storage or maintenance building and one garden shed per complex, plus detached garage structures as needed. i. Building standards. All accessory buildings in excess of 200 square feet shall be constructed to the standards of the Minnesota State Building Code. The architectural appearance of accessory buildings should be visually compatible with the principal building relative to color, materials, and form. j. Accessory buildings without a Principal Building. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is an fabric, or other similar non-permanent materials shall be prohibited. See Table (F). Height. (1) Residential Districts. A detached accessory building, accessory to a principal use located in a residence district shall not exceed the height of the principal building or fifteen (15) feet, whichever is less. The maximum height to the highest point on a roof shall not exceed twenty (20) feet. See Table (2) Commercial or Industrial Districts. No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. (G). Number of buildings. A maximum of two individual accessory buildings per lot, including detached garages, shall be allowed in all zoning districts. Landscape features, such as statuary and the like; easily movable seasonal temporary structures not intended to remain erected for 12 months, such as party tents and the like; and backyard play equipment, such as swing sets, trampolines, slides, and the like, shall not count towards the number of permitted accessory buildings as provided in this division. (H). Size. (1) One- and Two-Family Dwellings. The maximum floor area of one accessory building or combination of two buildings in the R21, R1-A, and R2 districts shall not exceed 750 square feet in area or 80% of the area of the principal building, whichever is less. See Table (2) Attached and Multi-family Buildings. Attached and multi-family buildings in the R3 and R4 districts are allowed one storage or maintenance building and one garden shed per complex, plus detached garage structures as needed. (3) In all residential districts, one accessory building in addition to any detached garage may be permitted, except that it shall not exceed 120 square feet in area if a detached garage exists on the same lot. (I). Garage door openings. Garage door openings shall be limited in height to 8 feet accessory unless authorized through an agreement as prepared by the City Attorney and approved by the City Council. k. Accessory Dwelling Units. Detached accessory buildings shall be prohibited from containing complete independent living facilities (accessory dwelling units), which would include permanent provisions for living, sleeping, eating, and sanitation. b. Permit Requirements. A zoning permit shall be required for all accessory buildings less than 120 square feet in area. All accessory buildings over 200 square feet shall require a building permit. A fee as determined from time to time by the City Council shall be required to process the permit. l. Accessory Dwelling Units. Detached accessory buildings shall be prohibited from containing complete independent living facilities (accessory dwelling units), which would include permanent provisions for living, sleeping, eating, and sanitation. m. Drainage and Utility Easements. No part of an accessory building shall extend into a drainage and utility easement or any required setback. as measured from the driveway apron at the door opening. See Table (J). Building standards. All accessory buildings in excess of 120 200 square feet shall be constructed to the standards of the Minnesota State Building Code. The architectural appearance of accessory buildings should be visually compatible with the principal building relative to color, materials, and form. (K). Accessory buildings without a Principal Building. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is an accessory unless authorized through an agreement as prepared by the City Attorney and approved by the City Council. (L). Garage setback permit. A garage which will cover an area of no more than 576 square feet may be located within the side setbacks and/or rear setbacks if a setback permit has been issued for the garage under the following provisions of this section. (1) Application for a setback permit must be made in writing on forms provided by the City Manager and must be filed with the City Manager, together with a filing fee in the amount required under Chapter 33. The application must include a survey showing the proposed location of the building and the buildings on the property adjoining the setback in question. The application must also address the other matters to be considered by the Planning Commission and City Council, as set forth in division 79A St. Anthony - Land Usage (1) Application for a setback permit must be made in writing on forms provided by the City Manager and must be filed with the City Manager, together with a filing fee in the amount required under Chapter 33. The application must include a survey showing the proposed location of the building and the buildings on the property adjoining the setback in question. The application must also address the other matters to be considered by the Planning Commission and City Council, as set forth in division (B) above. The permit application will be considered by the Planning Commission and City Council, and notice of the hearing will be given, all in the same manner as provided in § 152.243 for conditional use permits. After the hearing by the Planning Commission, the City Council will grant or deny the permit, stating its reasons for doing so. (2) In granting or denying the setback permit, the City Council will consider the proximity of the garage to any buildings on the adjoining property, the extent of vegetation or other screening on the subject property and the adjoining property, the effect of the garage on the light and visibility available to the adjoining property, modification to/or blockage of drainage ways, matters of fire safety, the existing garages on the adjoining property, the ability to locate garages elsewhere on the subject property, and any other matters which may be relevant to the degree of encroachment into the setback. (3) If a setback permit is granted, it will run with the title to the property for which it was granted so long as the garage for which it was granted continues to exist. If that building is destroyed or removed, the permit will automatically expire. (1993 Code, § 1650.02) Penalty, see § 10.99 (M). Driveways. Driveways shall be required for doorway openings meeting or exceeding 8 feet wide by 7 feet tall. All driveways must meet the standards as outlined in §152.179. (N). Accessory Dwelling Units. Detached accessory buildings shall be prohibited from containing complete independent living facilities (accessory dwelling units), which would include permanent provisions for living, sleeping, eating, and sanitation. (O), Drainage and Utility Easements. No part of an accessory building shall extend into a drainage and utility easement or any required setback. (P). Permit Requirements. A zoning permit shall be required for all accessory buildings less than 120 square feet in area. All accessory buildings over 120 square feet shall require a building permit. A fee as determined from time to time by the City Council shall be required to process the permit. Landscape Elements Landscape elements, such as vegetation, gardens, statuary, and the like shall be allowed in all yards, provided other applicable regulations are met. Retaining walls shall be considered fences for the purposes of this ordinance. Trash Enclosures Trash enclosures, where allowed, shall be required to be constructed of materials that match the materials uses on the principal building exterior, and shall not be located in any yard closer to the public right of way than the principal structure. Detached Garage Materials (esp. MF Dwellings) Detached Garages accessory to multiple family dwellings, or any commercial or industrial use, shall be constructed of materials that match those used on the principal building. Recreational Structures and Uses. Gazebos, pool buildings, and other detached recreational structures shall meet the setbacks, size requirements, and other standards applicable to Garden Sheds. Shoreland Setbacks and Rules Within the Shoreland of Silver Lake, one (1) recreational accessory building shall be allowed within the yard adjacent to the shoreline, provided that such accessory building shall meet all of the standards applicable to other recreational structures or Garden Sheds, and provided that no such structure shall be constructed closer than twenty five (25) feet of the Ordinary High Water (OHW) level of the lake. Such a structure shall require a zoning permit. Application for such structure shall be accompanied by a Certificate of Survey prepared by a Registered Land Surveyor fixing the location of the OHW, the existing and proposed buildings on the parcel, and any other permanent structures or uses, including driveways and other hard surfaces. All other requirements of the zoning ordinance will apply. District Performance Standards – Accessory Buildings and Uses. Unless otherwise specified in this ordinance, all accessory buildings and/or uses in the R-1 District shall conform to the following requirements (except where noted as applying to other districts): Detached Garage Attached Garage Other Accessory Buildings, Recreational Structures, Garden Sheds Other Accessory Uses Front Yard Setback No closer than principal building, or 30 feet, whichever is greater 30 feet Not Allowed Not Allowed Side Yard Setback 5 feet 5 feet, with an aggregate total of 15 feet on two sides Not Allowed Not Allowed Side Yard Setback adjacent to public street 20 feet 20 feet 20 feet 20 feet Rear Yard Setback from private property 30 feet 5 feet 5 feet 5 feet Rear Yard Setback from Alley 5 feet 30 feet 5 feet 5 feet Rear Yard Setback from Public Street 30 feet 30 feet 30 feet 30 feet Maximum Square Feet 750 square feet, or 80% of ground floor area of principal building, whichever is less No greater than ground floor area of principal building 200 square feet NA Maximum Height – R-1, R-1A, R-2 15 feet to average roof height, and no more than 20 feet overall No greater than roof height of principal structure 15 feet to peak roof height NA Maximum Height – R-3, R-4 30 feet 30 feet 15 feet to peak roof height NA Maximum Height – C, I Districts No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. 15 feet to peak roof height NA