5.1 PCSR 06-23-2015Request for Action
To
Item Number
Planning Commission
5.1
Agenda Section
Meeting Date
Prepared by
Planning Items
June 23, 2015
Zack Carlton, Planner I
Item Description
Reviewed by
Ordinance Amendment Increasing the Number of
Chris Leeseberg, Park Planner /Planner
Accessory Structures Allowed in the R -1 a Zoning
District
Reviewed by
Public Hearing, Case No. OA 15 -06
Action Requested
Recommend, by motion, approval of the ordinance amendment request by Terry Nowak to increase the
number of accessory structures allowed in the R -1a zoning district.
Background /Discussion
Current ordinances limit the number of accessory structures to two for single- family parcels below 40
acres. The city also regulates total garage/ accessory structure area (square feet), which is based on lot size
for parcels in the R -1 a zoning district. The following chart identifies the current area limits in the R -1 a
district:
Accessory Buildings in R -1a District
Parcel Size
Max Accessory Structure Area
less than 1 acre
2,000 SF attached and detached
1 acre to < 2.5 acres
2,500 SF attached and detached
2.5 acres to < 5 acres
3,000 SF attached and detached
5 acres to < 10 acres
4,000 SF attached and detached
10 acres to < 20 acres
8,000 SF attached and detached
20 acres to < 40 acres
16,000 SF attached and detached
40 acres or more
Not to exceed 2% of the lot area
The two structure limit applies to all properties below 40 acres. The maximum area permitted is not
equitably allocated for larger properties as two structures at nearly 7,500 sf for a 35 acre parcel may not be
as appropriate, or economically feasible, as two structures at 1,000 sf for a 2 acre parcel.
Staff feels the maximum permitted area is appropriate, as it scales with property size, but limiting a I acre
parcel to the same number of buildings as a 37 acre parcel, for example, is not. An evaluation of
surrounding municipalities revealed a range of accessory structure limits, ranging from two to seven for
similar zoning districts. Additionally, Elk River is near the upper end for maximum area. For example,
Ramsey allows seven accessory structures and 8,000 square feet for parcels between 20 and 40 acres in
their Rural Residential zoning district.
Staff recommends increasing the number of accessory structures in the R -1a zoning district from two to
four for parcels five acres or larger. The increase provides residents with more flexibility when utilizing
Po1EREa a
Template Updated 4/14 [NATURE]
the larger garage area already provided for by ordinance. The limit also maintains the intent of the
accessory structure regulation by ensuring future subdivisions do not create non - conforming lots or
reduce/ eliminate the possibility of subdividing in other situations.
Financial Impact
None
Attachments
■ Applicants Narrative
N: \Departments \Community Development \Planning \Case Files \OA \OA 15 -06 Nowak \OA 15 -06 PC sr Accessory Structures in R-1a.docx
Narrative for 10205 2015` Ave NW, Elk River, MN
Terrence (Terry) Nowak
763 - 744 -8833
B.1 Variance harmony with general purpose and intent of the ordinance.
• Per the ordinance, I am allowed (2) accessory buildings on this 25 acre property. I am asking for a variance to allow for a
3rd accessory building.
• My plans for this 3rd accessory building is to use it for storage and repair work on my collection of historical farm tractors,
implements and small construction equipment. My plan is to use this equipment to grow crops on —5 acres of this 25 acre
parcel along with supporting my plan of getting some livestock (beef cattle, chickens, etc.) at a certain point.
• The existing (2) accessory buildings are in good repair and structurally sound. Therefore, I would not want to tear them
down to be in compliance the ordinance.
• The 30'x 50' pole building would be used long term to house the animals.
• The 24' x 24' detached garage would be used long term to house some of my collection.
• With adding the 3rd accessory building, the square footage of all the accessory buildings will be approx. 10800 ft ^2 (32% less
than maximum allowed).
B.2 Variance is consistent with the City of Elk River comprehensive plan
• Per the ordinance, this area Is zoned R1A (R -1a district. The rural residential district is intended to allow for a rural lifestyle by permitting low density residential
development in areas that are marginal or non - feasible for agriculture. The R -1a district is intended to be primarily a residential district, but may also accommodate agriculture -
related and accessory uses. This is the general area of the city which is not primarily suited to farming due to soil conditions, slope, tree cover, and other physical features better
suited for non -farm housing and related accessory uses.) As I Interpret this definition, my plans for this 3rd accessory building seem to align
with the R1A designation.
C.1 Difficulties in complying: Petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance.
• With 25 acres and with the small footprint of the two current accessory buildings (2076 ft " 2), 1 believe that adding this
additional 3rd accessory building will not make the property look too congested or over built.
C.2 Circumstances unique to the property and not a consequence of petitioner's own action or inaction.
• 1 purchased the property in July 2014 under the belief that the property was zoned 101 -Ag (per the county's Beacon
Property Search website) and in researching that with the county, it I was clear to me that I had complete freedom to build
any buildings.
• Since purchasing the property, I have unknowingly brought it into compliance with the city ordinance. The following
structures were removed: (1) 12' x 50' mobile home, (4) —30'x 100'greenhouses and a 6' x 12' small shed.
C.3 Variance if granted will not alter the essential character of the locality.
• 1 think adding the shed I am proposing doesn't deter from the character of the area because:
o The property as recently as Aug 2014 had (6) other accessory structures that I have since dismantled and disposed
of properly.
• Parcel 75- 124 -3110 to my east of my parcel has 12.5 acres and (4) accessory buildings.
• Parcel 75- 124 -3105 to the southeast of my parcel has 24 acres and (3) accessory buildings