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4.4 PCSR 04-28-2015Elk River Request for Action To Item Number Planning Commission 4.4 Agenda Section Meeting Date Prepared by Planning Items Aril 28, 2015 Zack Carlton, Planner I Item Description Reviewed by Ordinance Amendment Modifying the Minimum Jeremy Barnhart, Deputy Director, CODD Accessory Structure Size Requiring a Building Permit, Public Hearing, Case No. OA 15 -03 Reviewed by Action Requested Recommend, by motion, approval of the ordinance amendment to increase the minimum accessory structure size requiring a building permit from 120 SF to 200 SF. Background /Discussion City ordinance identifies when a building permit is required for the construction of an accessory structure, currently 120 sf. The state updated the building code in 2015 and increased the minimum size for permitting to 200 s£ Staff proposes amending section 30 -793 (g) to reflect the change in the building code. Additionally, ordinance section 30 -793 (e) regulates accessory structure material and location. The ordinance currently states that accessory structures less than 120 sf in area must comply with minimum setbacks and follow specific material standards. With the change in permit requirements, staff is proposing to eliminate the size requirement for compliance, and expand the regulation to include all accessory structures. Staff does field complaints periodically when a neighbor constructs a shed on the property line, and, in some cases, over the property line. Currently, all accessory structures must comply with the standards, and the change will improve consistency and clarity. Financial Impact None Attachments • Ordinance Amendment Document • State Statute sec. 1300.0120 P O w E 8 E U A Y Template Updated 4/14 INAWR Elk i =I River Ordinance IS - to be removed Underlines to be added An Ordinance Amending Section, 30 -793, entitled "Accessory buildings" of the City of Elk River, Minnesota, City Code. The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 30 -793 (e) and (g) of the City of Elk River Code of Ordinances shall be amended to read as follows: (e) All accessory structures less than 120 square feet in floor area shall comply with the required minimum setbacks and shall be anchored to the ground in compliance with all applicable building codes. Accessory structures less than 120 square feet in floor area are permitted in any zone and may be finished with metal panels, wood, vinyl lap siding, metal siding, and /or masonry. Canvas, fabric or plastic covered structures and prefabricated molded plastic storage containers less than 120 square feet in floor area are permitted as an accessory structure in any residential zoning district. (g) All accessory structures greater than 120 200 square feet shall require a building permit and comply with all applicable building codes. In any zoning district, all metal finishes /coverings shall be factory pre - finished. SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 18th day of May, 2015. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Last Updated March 2014 P - UfEBEU 9Y NAWREI I REVISOR 1300.0120 PERMITS. 1300.0120 Subpart 1. Required. An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any gas, mechanical, electrical, plumbing system, or other equipment, the installation of which is regulated by the code; or cause any such work to be done, shall first make application to the building official and obtain the required permit. Subp. 2. Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical, or plumbing installation, the building official may issue an annual permit upon application for the permit to any person, firm, or corporation regularly employing one or more qualified trade persons in the building, structure, or on the premises owned or operated by the applicant for the permit. Subp. 3. Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under the annual permit. The building official shall have access to the records at all times or the records shall be filed with the building official as designated. Subp. 4. Work exempt from permit. Exemptions from permit requirements of the code do not authorize work to be done in any manner in violation of the code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: A. Building: (1) one -story detached accessory structures, used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 200 square feet (60,960 mm2); (2) fences not over seven feet (2,134 mm) high; (3) oil derricks; (4) retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class 1, 11, or 111 -A liquids; (5) water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1; (6) sidewalks and driveways that are not part of an accessible route; (7) decks and platforms not more than 30 inches (762 mm) above adjacent grade and not attached to a structure with frost footings and which is not part of an accessible route; Copyright ©2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.