Loading...
7.6. SR 05-18-2015 �j Elk = - Request for Action River To Item Number Mayor and City Council 7.6 Agenda Section Meeting Date Prepared by Public Hearin s May 18, 2015 Zack Carlton,Planner I Item Description Reviewed by Ordinance Amendment: Modifying the Minimum Chris Leeseberg, Park Planner/ Planner Accessory Structure Size Requiring a Building Reviewed by Permit Cal Portner, City Administrator Action Requested Adopt, by motion, the ordinance amendment increasing the minimum accessory structure size requiring a building permit from 120 square feet to 200 square feet. Background/Discussion Case No. OA 15-03 City ordinance reflects state building codes when identifying the need for an accessory structure building permit;the current size is 120 square feet. The state updated the building code in 2015 and increased the minimum size for permitting to 200 square feet. 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 square feet 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 periodically fields complaints when a neighbor constructs a shed on the property line or over the property line. Currently, all accessory structures must comply with the standards, and the change will improve consistency and clarity. Planning Commission Public Hearing No one spoke during the public hearing, and no comments have been received for or against the proposed amendment. Planning Commission The Planning Commission had no concerns and recommended approval 5-0. Financial Impact None Attachments • Ordinance Amendment Document • State Statute sec. 1300.0120 P0WIeIa 0 Template Updated 4/14 INAWREJ WA Stfikethfoughs to be removed Underlines to be added City of Elk -�-� River Ordinance IS - 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 420-200 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 P U N E R E O R Y Last Updated March 2014 INAT- UREI 1 REVISOR 1300.0120 1300.0120 PERMITS. 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 mm 2 ); (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 I,II,or III-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.