4.1. SR 11-13-1995ITEM 4. 1.
(
MEMORANDUM
of�
TO: Mayor & City Council
Ti � Riever l k
FROM: Steven B. Ach, City Planner,,����
DATE: November 13, 1995
SUBJECT: Ordinance Amendment Request by the
City of Elk River
Public Hearing Case No. OA95 -16
Issue
The City of Elk River is requesting an ordinance amendment which would increase the
maximum accessory structure area in the R1A (single family residential) and Al
(agricultural conservation) zoning districts.
Attachments
• Ordinance No. 95-
• • Report to the Planning Commission dated October 24, 1995.
Background
•
Approximately two years ago, the Planning Commission and City Council approved an
ordinance amendment which established a maximum accessory structure area for
property owners in all residential zoning districts. In reviewing that ordinance, the most
difficult districts to establish a maximum accessory structure area happen to be the R1
and Al zoning districts. These two districts have varying lot sizes along with a variety of
residential uses. The RI zoning district, which allows a minimum of 2 1/2 acre lot size
was in particular a difficult district to deal with. In this zoning district there are operating
farms as well as semi -rural subdivisions.
Over the past two years, the accessory structure ordinance has not created a problem in
the urban residential zoning districts, however, there has been a few cases in the R1A and
Al which have demonstrated that the maximum accessory structure area maybe too
restrictive. Therefore, at the direction of the Planning Commission and City Council,
staff has prepared a ordinance which will hopefully accommodate the variety of lot sizes
in both the R1A and Al zoning districts, while at the same time still maintain some
maximum threshold.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425
0 ExistiL?g Ordinance
•
The existing accessory structure ordinance currently allows the following:
Zoning District
R1A
Al
Proposed Ordinance
Maximum Accessory Structure Area
2,000 square feet attached and detached
3,000 square feet attached and detached
As discussed earlier, the RI and Al zoning districts have a variety of lot sizes ranging
anywhere from 1 acre up to 40 or even 80 acres in size. Given this variety of lot sizes, it
seemed to make sense to have a "sliding scale" for accesory structure that would parallel
the varying lot sizes. Therefore, the following maximum accessory structure areas are
proposed with the accompanying lot sizes:
Parcel Size
Less than 1 acre
1 acre to 2 1/2 acres
2.6 acres to 5 acres
5.1 acres to 10 acres
10.1 acres to 19.9 acres
20 acres to 39.9 acres
40 acres plus
Maximum Accessory Structure Area
2,000 square feet attached and detached
2,500 square feet attached and detached
3,000 square feet attached and detached
3,500 square feet attached and detached
4,500 square feet attached and detached
6,000 square feet attached and detached
Unlimited
Planning Commission Recommendation
The Planning Commission recommended approval of the proposed ordinance for the
maximum accessory structure area based on the sliding scale outlined in the ordinance 95-
. Please refer to the Planning Commission report for additional information.
Recommendation
Staff recommends the Council consider ordinance No. 95- amending the maximum
accessory structure area in the R1A and Al zoning districts as outlined in the attached
ordinance.
sAcouncihoa95- 16.doc
• ORDINANCE 95-
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.20 (6) OF THE CITY OF
ELK RIVE CODE OF ORDINANCES RELATING TO
ACCESSORY BUILDINGS
(CASE NO. OA 95-16)
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.20 (3)(B) of the City of Elk River Code of
Ordinances is hereby amended to add the following language:
Section 900.20 (3)(B) - In the A -1 and R -la zoning districts, two
(2) detached accessory buildings are allowed per single family
parcel. Restrictions on agricultural accessory structures shall
not apply to parcels that are 40 acres or larger. The total area of
attached garages and accessory buildings shall not exceed the
following scale:
is Parcel Size
Less than 1 acre
>1 acre to 2.5 acres
>2.5 acres to 5.0 acres
>5.0 acres to 10 acres
>10 acres to 20 acres
>20 acres to 40 acres
>40 acres
Maximum Accessory Structure Area
2,000 sq. ft. attached and detached
2,500 sq. ft. attached and detached
3,000 sq. ft. attached and detached
3,500 sq. ft. attached and detached
4,500 sq. ft. attached and detached
6,000 sq. ft. attached and detached
Unlimited
Section 2. Section 900.20(3)(C) of the City of Elk River Code of
Ordinances is hereby amended to delete this section.
Passed and adopted by the Elk River City Council this 20th day of
November, 1995.
Henry A. Duitsman, Mayor
Attest:
• Sandra A. Thackeray, City Clerk
s: document:ordinance:oa95 -16
5.7.
City of Elk River Request for Ordinance Amendment to Increase Maximum
Accessory Structure Area allowed in the A -1 and RI Zonina Districts, Public
Hearing Case No. OA 95 -16
Staff report by Steve Ach. The City of Elk River is requesting an ordinance
amendment to increase the maximum accessory structure area in the R -1 a
01- (Single Family Residential) and A -1 (Agricultural) zoning districts. This amendment
would establish a sliding scale for accessory structure area allowed, based upon
lot area. Staff has some concern that it may be difficult in the future to determine
if some of the larger structures are being use for the owners personal use, or if
some type of home occupation is being conducted. Steve offered an additional
step in the parcel sizes with a corresponding maximum accessory structure area.
Chair Kuester opened the public hearing.
Jerry Johnson, resident on Viking Boulevard, also speaking for Sharon Bauer,
questioned how the ordinance amendment would impact his plans to build an
accessory structure on his 10 acre hobby farm, and questioned the difference
between "attached" and "unattached" accessory structures. Steve Ach
explained that it makes no difference whether the structures are attached or
unattached, and that the total amount will be considered. Steve noted that the
current ordinance allows up to 2,000 square feet of accessory structure area in
the R -1a and 3,000 square ft. in the A -1 zoning district.
Arne Engstrom, 20800 Meadowvale Road, expressed his support for the proposed
ordinance amendment. He felt it was a fair way to deal with the various lot sizes
in the A -1 and R1 a zoning districts, and allows the larger property owners to do
more with their property, as well. He expressed his agreement with staff's
recommendation for an addition step in the scale for accessory structure.
uennis Kramer, 20789 Meadowvale Road, stated he was in support of the
proposed ordinance amendment, and that it would allow him to construct the
accessory building he originally proposed.
There being no further comments from the public, Chair Kuester closed the public
hearing.
Commissioner Kreger proposed several changes to the ordinance at this time.
COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE
AMENDMENT, PUBLIC HEARING CASE NO. OA 95 -16, WITH CHANGES TO THE
SLIDING SCALE AS FOLLOWS:
PARCEL SIZE
1 ACRE OR LESS
> 1 ACRE TO 2.5 ACRES
> 2.5 ACRES TO 5.0 ACRES
> 5.0 ACRES TO 10.0 ACRES
> 10.0 ACRES TO 19.9 ACRES
> 19.9 ACRES TO 39.9 ACRES
40 ACRES AND OVER
MAXIMUM ACCESSORY STRUCTURE AREA
2,000 SQ. FT. ATTACHED AND DETACHED
2,500 SQ. FT. ATTACHED AND DETACHED
3,000 SQ. FT. ATTACHED AND DETACHED
3,500 SQ. FT. ATTACHED AND DETACHED
4,500 SQ. FT. ATTACHED AND DETACHED
6,000 SQ. FT. ATTACHED AND DETACHED
UNLIMITED
COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7 -0.
ITEM NO. 5.7
,ity of MEMORANDUM
•
ilk TO: Planning Commission
River
FROM: Gary Schmitz, Planning Assistants
DATE: October 24, 1995
SUBJECT: Ordinance Amendment Request by the
City of Elk River, Public Hearing
Case No. OA 95 -16
Request
The City of Elk River is requesting an ordinance amendment which would
increase the maximum accessory structure area in the Rla (Single Family
Residential) and Al (Agricultural. Conservation) zoning districts.
Attachments
Ordinance 95 -
• Background
At the direction of the Elk River City Council and Planning Commission,
staff is proposing an ordinance amendment which would increase the amount
of accessory structure area for larger property owners in the Rla (Single
Family Residential) and Al (Agricultural Conservation) zoning districts. The
ordinance would provide a sliding scale which will allow more accessory
structure area as lot area increases in both zoning districts. The existing
ordinance in the Rla zoning district allows the same amount of accessory
structure area on a one acre parcel as on a 25 acre parcel. Both the Planning
Commission and City Council did not think this was fair and recommended
increasing the standards for larger property owners in both zoning districts.
Existing Ordinance
The existing accessory structure ordinance currently allows the following
accessory structure area per zoning district regardless of lot size:
Zoning District Accessory Structure Area
Rla 2,000 sq. ft. attached and detached
• Al 3,000 sq. ft. attached and detached
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425
The existing ordinance seems to work well for the smaller property owners
• (i.e. 2 -1/2 acres) in the Rla and Al zoning districts as they can typically build
between a 1200 and 1500 square foot detached pole building on their
property. Most of the requests do fall within those parameters. However, the
existing ordinance does not seem to work for the larger properties (i.e. 10
acre to 30 acre parcels) in these zoning districts. The larger property owners
often times have a greater need for accessory structure space, however are
treated the same as a 2 -1/2 acre property owner.
•
Proposed Ordinance
In an effort to make the existing ordinance as fair as possible for larger
property owners in the Rla and Al zoning districts, staff is proposing the
following sliding scale for accessory structure area based upon lot area. The
following table highlights the proposed changes in both the Rla and Al
zoning districts.
Parcel Size
Less than 1 acre
1 acre to 2 -1/2 acres
2.6 acres to 5 acres
5.1 acres to 10 acres
10.1 acres to 39.9 acres
40 acres plus
Maximum Accessory Structure Area
2,000 sq. ft. attached and detached
2,500 sq. ft. attached and detached
3,000 sq. ft. attached and detached
3,500 sq. ft. attached and detached
4,500 sq. ft. attached and detached
unlimited
Parcels which are larger than 40 acres in the Rla and Al zoning districts can
be considered farms and should be exempt from the accessory structure
standards. Parcels in the Rla and Al zoning districts in the proposed
ordinance would be treated the same based upon their lot size. All other
ordinances related to accessory structures will continue to apply.
Pitfalls
As the city increases the size of accessory buildings allowed in the Rla and
Al zoning districts, one potential pitfall may be the increase of home based
businesses starting out of these larger buildings. Businesses such as
trucking companies, small manufacturing uses, contractor yards, etc., which
will be difficult to regulate may start to occur more frequently as the larger
buildings offer a cheaper incentive to locate in these residential areas versus
the proper industrial zoning designation. Care will need to taken by the city
s:p1annin g:pc:oa95 -16
to ensure that these home based businesses will not become a competition4
• factor to the industrial zoned property, or jeopardize the residential qualities
of these neighborhoods.
L.
•
Recommendation
Staff recommends the Planning Commission consider the amendment as
proposed and offer modifications or concurrence with the proposed ordinance.
s:pIannin g:p c: oa95 -16
•
•
ORDINANCE 95-
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.20 (6) OF THE CITY OF
ELK RIVE CODE OF ORDINANCES RELATING TO
ACCESSORY BUILDINGS
(CASE NO. OA 95-16)
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.20 (3)(B) of the City of Elk River Code of
Ordinances is hereby amended to add the following language:
Section 900.20 (3)(B) - In the A -1 and R -la zoning districts, two
(2) detached accessory buildings are allowed per single family
parcel. Restrictions on agricultural accessory structures shall
not apply to parcels that are 40 acres or larger.The total area of
attached garages and accessory buildings shall not exceed the
following scale:
Parcel Size
Less than 1 acre
1 acre to 2.5 acres
2.6 acres to 5.0 acres
5.1 acres to 10 acres
10.1 acres to 39.9 acres
40 acres +
Maximum Accessory Structure Area
2,000 sq. ft. attached and detached
2,500 sq. ft. attached and detached
3,000 sq. ft. attached and detached
3,500 sq. ft. attached and detached
4,500 sq. ft. attached and detached
Unlimited
Section 2. Section 900.20(3)(C) of the City of Elk River Code of
Ordinances is hereby amended to delete this section.
Passed and adopted by the Elk River City Council this 20th day of
November, 1995.
Attest:
Sandra A. Thackeray, City Clerk
s:document:ordinance:oa95 -16
Henry A. Duitsman, Mayor