7.4. SR 12-15-1997ity of
MEMORANDUM
Item# ?.6.
TO:
FROM:
Mayor and City Council
Scott Harlicker, Planning Assistan~
DATE:
December 15, 1997
SUBJECT: Request by City of Elk River for
Ordinance Amendment relating to
Accessory Structures, Public Hearing
Case No. OA 97-15
Request
Consider an ordinance amendment relating to maximum square footage
allowed for accessory structures and the architectural standards applicable to
accessory structures.
Attachments
· Current ordinance
· Ordinance No. 97-
Background
Several recent variance requests have brought to our attention an issue
relating to accessory structures on large lots which are located within the
urban service area. The current regulations have different standards
regarding the maximum size allowed for accessory structures and
architectural standards for lots located within the urban service area and lots
outside the urban service area
For lots outside the urban service area, property zoned Rla or Al, the
maximum square footage allowed for accessory structures is based on lot size.
The larger the lot the more square feet is allowed. The total square footage
allowed ranges from 2,000 square feet for lots less than I acre to unlimited
amount for lots over 40 acres. However, in the urban service area, property
zoned Rlb, Rlc, Rld and Rle, the maximum square footage allowed is not
based on lot size. All lots, no matter what size, are allowed 1200 square feet
of accessory building area.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/OA 97-15
December 15, 1997
Page 2
There is also a difference in architectural standards for accessory structures
between property within the urban service area and property outside the
urban service area. Metal buildings are allowed in the Rla and A1 districts
as long as it is painted so it is compatible with the existing home. Metal
buildings are not allowed in the Rlb, Rlc, Rld and Rle districts.
Overview
The different standards applicable to lots within the urban service area and
those outside the urban service has been an issue with residents that own
large lots within the urban service area. Under the current ordinance, a
resident owning 20 acres of land within the urban service area could only
have 1200 square feet of accessory building area. However, if that same
property was outside the service area they could have 4,500 square feet of
accessory building area. The larger lot could easily accommodate more than
1200 square feet of accessory building area, but simply because it is within
the urban service area it is not allowed.
As the urban service area has expanded to the east, farmers, whose property
is located within the urban service area but is still being actively farmed, are
impacted. The farmer, if he exceeds 1200 square feet of accessory building
area, would not be able to construct the necessary outbuildings needed to
sustain a profitable farm.
In order to address the problems associated accessory structures on larger
lots within the urban service area, staff is suggesting an ordinance
amendment. This amendment would allow larger lots, 5 acres or larger in
size, located within the urban service area to have accessory structures
based on the same standards as property located in the Rla and A1 districts.
For instance, a 5 acre lot in the Rlb district would be allowed 3000 square
feet of accessory building area, same as in the Rla district. Lots less than 5
acres would be allowed 1200 square feet, same as the current requirement.
Five acres was picked as a cutoff point because that is the minimum size lot
needed for agricultural uses in the urban service area. The architectural
standards applicable in the Rla and A1 districts would also apply to lots
within the urban service area 5 acres and larger.
Planning Commission Meeting
At the November 25, 1997 Planning Commission meeting no one spoke at the
public hearing. The Commission recommended approval of the ordinance
amendment but modified the allowed maximum accessory structure area.
They increased the maximum square feet allowed as follows:
\\elkriver\sys\shrdoc\planning\scottXoa9715cc.doc
Memo to the Mayor and City Council/OA 97-15
December 15, 1997
Page 3
increased 5 acre lots from 3000s.f. to 3,500 s.f.
increased 10 acre lots from 3,500 s.f. to 4,500 s.f.
increased 20 acre lots from 4,500 s.f. to 6,000 s.f.
increased 40 acre lots from 6,000s.f. to unlimited square feet
These changes would apply to the table which is also applicable for property
zoned Rla and A-1 and is reflected in Ordinance 97-
Recommendation
The Planning Commission and staff recommend City Council approval of
Ordinance No. 97-__ amending the Zoning Code to allow lots in the
urban service district, 5 acres and larger, to have accessory structures based
on the same scale as the Rla and A-1 districts.
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4 o
B. In the A-! and R-la zoning districts, two (2) detached
accessory buildings are a!!cwed per single family ~arcel.
Restrictions on agricultural accessory structures shall not
apply to parcels that are 40 acres or larger. The toga!
area of attached garages and accessory buildings shall not
exceed the following scale:
PARCEL S I ZE
Less than 1 acre
>1 acre to 2.5 acres
>2.5 acres to 5.0 acres
>5.0 acres to 10 acres
>!0 acres to 20 acres
>20 acres to 40 acres
>40 acres
MAXIM UMACCESSORY STRUCTURE AREA
2,000 sq. ft
2,500 sq. ft
3,000 sq. ft
3,500 sq. f=
4,500 sq. ft
6,000 sq. ft
Unlimited
accac~ed anc Getac~eC
attached and detached
attached and detached
attached and detached
attached and detached
attached and Setached
C. in the R-lb, R-lc, R-Id, and R-le zones two (2) detached
accessory buildings are allowed per single family parcel.
Also, the ~ota! area of at~ached garages and accessory
buildings shall not exceed 1,200 square feet.
D. In case an accessory building is attached to the main
building, it shall be made structurally a part of the main
building and shall comply in all respect with the
requirements cf this ordinance applicable to the main
buildings. An accessory building, unless attached to and
made a part of the main building, shall not be closer than
five (5) feet to the main building.
E Portable utility structures not e ~== ~
· x~d_ng one hundred
twenty {!20) square feet in projecued too= area may be
permitted in any zone and may be constructed cf mesa!, wood,
or masonry so !cng as the structures ccmp!y with the
~=cu~-=~ minimum setbacks and that the structures be
=nchc_~_ 5o the ground.
F. No metal construction/exterior accessory building will
be allowed in 5he R-lb, R-lc, R-Id, or R-lo zoned areas, in
the R-IA and A-t zoned areas, metal construction/exterior
accessory buildings shall be constructed with painted metal
which is compatible with the existing home.
G. In a!~ single family residennia! zon~nc districts a
minimum 5wenty__~==5 by ~wen~y-two fee~ (20' x 22') sing__~=
garage shall be ccnstruc5ed with a minimum of 440 square
feet in area.
HEIGHT REGULATIONS.
A. Wh__~ ~he average s!ooe of a lot is grea%e_ ~han one
(1) foo~ rise or fall in seven (7) feet of horizontal
distance from %he estab!ished suree5 e!evation at uhe
property line, one story in addition %o ~he number oermi%ted
9.66
ORDINANCE 97 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.20 OF THE CITY CODE OF ORDINANCES RELATING
TO ACCESSORY STRUCTURES
CASE NO. OA 97-15
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 Ordinance
titled "General Regulations" is hereby amended to read as follows:
Parcel size
Maximum Accessory Structure Area
less than I acre
1 acre to ~ 2.5 acres
2.5acres to ~5 acres
5 acres to ~10 acres
10 acres to ~20 acres
20 acres to ~40 acres
40 acres or more
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 Ordinance
titled "General Regulations" is hereby amended to read as follows:
C. In the Rlb, Rlc, Rld and Rle zones two (2) detached accessory buildings
are allowed per single family parcel. Also, on lots less than 5 acres, the
total area of attached garages and accessory buildings shall not exceed
1,200 square feet. On lots 5 acres and larger, the total area of attached
garages and accessory buildings shall not exceed the following scale:
Parcel size
Maximum Accessory Structure Area
5 acres to ~10 acres
10 acres to ~20 acres
20 acres to ~40 acres
40 acres or more
3,500 sq. ft. attached and detached
4,500 sq. ft. attached and detached
6,000 sq. ft. attached and detached
Unlimited
Section 3. Section 900.20 (3) (f) of the City of Elk River Code of Ordinance
titled "General Regulations" is hereby amended to read as follows:
Fo
On lots less than 5 acres, no metal construction/exterior accessory
building will be allowed in the Rlb, Rlc, Rld and Rle districts. In the Rla
and A-1 districts and on lots 5 acres and greater in the Rlb, Rlc, Rld and
Rle districts, metal construction/exterior accessory buildings shall be
constructed with painted metal which is compatible with the existing
home.
Section 4. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this
City of Elk River.
__ day of
,1997, by the City Council of the
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
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