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4.1. SR 12-21-1995r �t "0" ry of I k� River TO: FROM: DATE: ITEM 4.1. MEMORANDUM Mayor and City Council Steven B. Ach, City Planner ,,1& December 21, 1995 SUBJECT: Ordinance Amendment Request by the City of Elk River, Case No. OA 95 -16 Background The City Council reviewed this Ordinance Amendment at their November 13, 1995, City Council meeting. After much discussion, the City Council voted to have this ordinance sent back to the Planning Commission for their review of increasing the maximum square footage of accessory buildings for larger parcels. • This item will be presented to the Planning Commission at their December 19th meeting. Results of the Planning Commission's meeting will be handed out to the City Council Thursday night. • 12 -21s co cil 13065 6rono"'ar� way • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425 ity of lk • River • Issue MEMORANDUM TO: Mayor and City Council FROM: Steven B. Ach, City Planner DATE: December 21, 1995 SUBJECT: Ordinance Amendment Request by the City of Elk River, Public Hearing Case No. OA 95 -16 The City Council is asked to consider Ordinance No. 95- , amending Section 900.20(6), increasing the allowable square footage for accessory structures in the A -1 (Agricultural Conservation District) and the R 1 a (Single Family Residential District). Planning Commission Recommendation At the request of the City Council, the Planning Commission discussed this proposed ordinance at their meeting on December 19, 1995. The Planning Commission's discussion concluded with the same recommendation as previously submitted to the City Council to adopt the ordinance as presented. The attached ordinance is the ordinance the Planning Commission has recommended for the City Council's consideration. Overview - Current Ordinance Zoning District Accessory Structure Area Rla 2,000 square feet, attached and detached A -1 3,000 square feet, attached and detached 13065 Orono Parkway - P.O. Box 490 - Elk River, MN 55330 - (612) 441 -7420 - Fax: (612) 441 -7425 • Ordinance Amendment Case No. OA 95 -16 Accessory Structure Area December 21, 1995 • Proposed 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 Recommendation Page 2 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 It is recommended the City Council adopt Ordinance No. 95- , as presented on the attached ordinance. s:counci1:oa95 -16x Planning Commission Minutes December 19, 1995 Excerpt of Minutes Page 3 Staff report by Steve Ach. This ordinance amendment is proposed to increase the maximum square footage for accessory structures in the R1 a (Single Family Residential) and A 1 (Agricultural Conservation) zoning districts. On October 24, 1995, the Planning Commission recommended approval of the ordinance amendment. The City Council discussed the amendment at their November 6th meeting, and moved to send the item back to the Planning Commission for further consideration. Commissioner Kreger questioned why Mr. Kramer's parcels can not be considered as total acreage when applying this ordinance, since the parcels are located adjacent to one another. Steve Ach explained the parcels are listed as separate parcels of record with Sherburne County. The City must consider the parcels separately when applying various aspects of the zoning ordinance such as minimum lot size, setbacks, etc. It was suggested that Mr. Kramer combine the two parcels to allow him to • construct a larger building. Commissioner Kreger stated Mr. Kramer was not in favor of this concept, since it would be costly for him if he should decide to split off a parcel for one of his children in the future, due to park dedication and surface water impact fees. Steve Ach explained the procedure for combining parcels of property can be done at the Sherburne County Assessor's office at no charge. Discussion followed regarding how the City applies the zoning ordinance to adjoining parcels of property that are separate parcels or lots of record. Chair Kuester opened the public hearing. Dennis Kramer, 20089 Meadowvale Road, requested that the Planning Commission recommend increasing the amount of square footage allowed for accessory structures. Mr. Krame stated that he has requested a variance from the City to allow a total of 5,878 square feet of accessory structures on his 12+ acre parcel. As an option, he asked that the Planning Commission to consider his total acreage (2 parcels) when applying the ordinance. There being no other comments from the public, Chair Kuester closed the public hearing. Other options for the scale of maximum square footage allowed were discussed. Discussion also followed regarding possible monitoring of requests that come through the building and zoning department for one year for increased accessory area. Planning Commission Minutes December 19, 1995 Page 4 is Commission Dillon felt there will always be requests for variances, regardless of how much the allowable square footage is increased. He stated there should be some permanence to the ordinance, and questioned if continguous parcels should be used in order to construct a larger building, if the intent is to split or sell off a parcel in the future. Steve Ach explained that staff could monitor the requests that come in during the spring of 1996 to estimate how many residents would exceed the maximum allowed in this proposed ordinance. COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RE- AFFIRM THEIR RECOMMENDATION FOR APPROVAL OF ORDINANCE NO. 95 -_, PUBLIC HEARING CASE NO. OA 95 -16, WITH AN ADDITIONAL RECOMMENDATION THAT STAFF MONITOR REQUESTS FOR BUILDING ACCESSORY STRUCTURES WHICH WOULD EXCEED THE MAXIMUM ALLOWED IN THIS PROPOSED ORDINANCE. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6 -0. •