7.2. SR 07-20-2015
Request for Action
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public HearingsJuly 20, 2015Zack Carlton, Planning Manager
Item Description Reviewed by
Ordinance Amendment Increasing Number of
Chris Leeseberg, Senior Planner
Accessory Structures Allowed in the R-1a Zoning
Reviewed by
District
Cal Portner, City Administrator
Action Requested
Approve, by motion, 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-1a zoning district. The following chart identifies the current area limits in the R-1a
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 8,000 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 1 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
the larger garage area already provided for by ordinance. The proposed 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.
Planning Commission
The Planning Commission did not have any concerns with the request, and unanimously recommended
approval.
Public Hearing
The applicant spoke in support of the proposed amendment. Staff has not received additional comments
for or against the proposal.
Financial Impact
None
Attachments
Applicants Narrative
Ordinance Amendment
N:\\Public Bodies\\Agenda Packets\\07-20-2015\\Final\\x7.2 sr Nowak Ordinance Amendment.docx
Narrative for 10205 201st Ave NW, Elk River, MN
Terrence (Terry) Nowak
763-744-8833
Detailed Description/Scope of the Project Add a 60’ x 144’ pole building to this 25 acre property.
• What is being proposed?
o Per the ordinance, I am allowed (2) accessory buildings on this 25 acre property. I am asking for an ordinance
amendment to allow for a 3rd accessory 60’ x 144’ building.
• What are the reasons/purpose for the proposed Ordinance Amendment?
o 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.
o The existing (2) accessory buildings are in good repair and structural sound and therefore I do not want to tear
them down to accommodate 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.
o With adding the 3rd accessory building, the square footage of accessory buildings will be approx. 10800 ft^2 (32%
less than maximum allowed).
What has changed to warrant the Ordnance Amendment?
• I purchased the property in July 2014 under the belief that the property was zoned 101-Ag (per the counties 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.
• What are the benefits to the city? Increase the tax base for the property.
Strikethroughs to be removed
Underlines to be added
Ordinance 15 -
____
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 (b) of the City of Elk River Code of Ordinances shall be amended to
read as follows:
(b) R-la district. In the R-la zoning district, two detached accessory buildings are allowed per single-
family parcel. Restrictions on the number of agricultural accessory structures shall not apply to
parcels that are 40 acres or larger. The total area of attached garages and number of detached
accessory buildings shall not exceed the following: maximum square footage:
Parcel size Maximum Accessory Structure Area
Less than 1 acre 2,000 sq. ft. attached and detached
1 acre to ;lt;2.5 acres 2,500 sq. ft. attached and detached
2.5 acres to ;lt;5 acres 3,000 sq. ft. attached and detached
5 acres to ;lt;10 acres 4,000 sq. ft. attached and detached
10 acres to ;lt;20 acres 8,000 sq. ft. attached and detached
20 acres to ;lt;40 acres 16,000 sq. ft. attached and detached
40 acres or more Not to exceed two percent of the lot area
R-1a Accessory Building Requirements
Number of Detached
Parcel Size Max Accessory Structure Area Structures
less than 1 acre 2,000 SF attached and detached 2
1 acre to < 2.5 acres 2,500 SF attached and detached 2
2.5 acres to < 5 acres 3,000 SF attached and detached 2
5 acres to < 10 acres 4,000 SF attached and detached 4
10 acres to < 20 acres 8,000 SF attached and detached 4
20 acres to < 40 acres 16,000 SF attached and detached 4
40 acres Not to exceed 2% of the lot area Unlimited
Strikethroughs to be removed
Underlines to be added
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 20th day of July, 2015.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk