4.2 PCSR 08-25-2015 Et l Request for Action
River
To Item Number
Planning Commission 4.2
Agenda Section Meeting Date Prepared by
Planning Items August 25, 2015 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Request by City of Elk River for Ordinance Zack Carlton,Planning Manager
Amendment relating to Accessory Dwelling Units, Reviewed by
Case No. OA 15-09
Action Requested
Recommend,by motion, an ordinance amendment allowing Accessory Dwelling Units.
Background/Discussion
At their February 17,2015,meeting, the City Council discussed Accessory Dwelling Units (ADU's),how
to define family for zoning purposes, elderly/disability care,and profit versus non-profit rental units.
The council directed staff to review other communities and evaluate possible changes to the
definition/ordinance.
Staff contacted 25 communities and received 24 responses. Of those that responded, 12 do not allow any
ADU's and of the remaining 12, only two communities allow them to be detached, the rest require the
units to be within the principal single family dwelling unit.
The council reviewed and discussed the information from the responding communities at their July 20,
2015,meeting and the consensus was to allow ADU's either as attached or detached but not to redefine
"family".
From language and information gathered from the other communities, staff drafted the proposed
language in the attached ordinance amendment. The city attorney has reviewed the language.
ADU's ordinance summary:
• Only 1 ADU per property
• May be attached or detached
• Building permit required
• Rental license required
• Must be 250-1,000 square feet
• 2 sleeping rooms maximum
• No front yard entrance
• Same architecture as principal dwelling unit
• 1 additional off-street parking space
• Property owner must live on the property
• The ADU cannot be subdivided
• Single services only
• Only 1 address for property
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• ADU must meet principal dwelling unit requirements
Staff Review
During our internal site plan review process,it was asked if language should be added that discussed the
use of campers or trailer type houses as the accessory dwelling unit. Planning staff does not support their
use and believes that the requirement of a building permit will remedy the use of those temporary types
of structures.
Financial Impact
Publication Costs
Attachments
• Accessory Dwelling Unit Sketches
• Ordinance Amendment
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Ordinance 15 -
An Ordinance Amending Section, 30-991(b), R-I districts 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 § 30-991 (b),R-1 districts of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) Permitted uses. Permitted uses in the R-1 districts are as follows:
(14) Accessory Dwelling Units, on single family detached lots,provided:
a. Not more than one (1) accessory dwelling unit shall be allowed on a single-family
detached lot.
b. An accessory dwelling unit may be permitted within a principal single family dwelling
unit or in a detached accessory structure.
c. An accessory dwelling unit shall require a building permit that may only be applied for
concurrently with the application for a building permit for construction of the principal
single family dwelling unit on the lot or after the construction of the principal structure.
d. A detached accessory dwelling unit shall be counted towards the total number of allowed
accessory structures on a parcel.
e. A rental license for the accessory dwelling unit is obtained pursuant to Chapter 30,
Article III,Division 3 of the City Code.
f. An accessory dwelling unit shall be clearly a subordinate part of the principal single
family dwelling unit on the lot and the living area shall not be more than 1,000 square
feet, nor less than 250 square feet in size.
g. No more than two (2) sleeping rooms shall be allowed in an accessory dwelling unit.
h. The entrance to an accessory dwelling unit shall not be in the front yard of the principal
single family dwelling unit.
i. In the A-1 and R-1a districts, and on lots greater than 21/2 acres in the R-1b,R-lc,R-1d,
Rte,and residential PUD districts,detached accessory dwelling units may be finished
with wood,vinyl lap siding,metal siding,metal panels, and/or masonry. On lots less
than 21/2 acres in the R-lb,R-1c,R-1d,R-le and residential PUD districts, detached
accessory dwelling units may be finished with wood,vinyl lap siding,metal siding,
and/or masonry.
j. Accessory dwelling units in combination with their associated principal single family
dwelling unit must conform to all city code requirements for single family dwellings,
including but not limited to setback, height,impervious surface, and accessory structure
standards.
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k. In addition to the parking required for the principal single family dwelling unit on the lot,
there shall be one (1) off-street parking space provided on an approved surface for the
accessory dwelling unit.
1. The property owner must reside in the principal single family dwelling unit or in the
accessory dwelling unit.
m. An accessory dwelling unit must be on the same parcel of property as the principal single
family dwelling unit. A property may not be subdivided or otherwise segregated to
provide separate ownership of an accessory dwelling unit.
n. The principal single family dwelling unit and accessory dwelling unit shall have one
postal address.
o. The principal single family dwelling unit and accessory dwelling unit shall be served by
single well, septic,municipal water, sanitary sewer,gas and/or electric utility service lines.
Separate meters for the respective utilities are allowed.
p. The principal single family dwelling unit and attached accessory dwelling unit shall have
one heating and air conditioning system.
q. The accessory dwelling unit and the associated principal single family dwelling unit must
meet all current state building,plumbing, electrical,mechanical,and fire code provisions
including emergency vehicle access to any accessory dwelling unit.
SECTION 2. 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 21st day of September, 2015.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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