5.4. SR 12-20-2004
Item #5.4.
MEMORANDUM
FROM:
Mayor and City Council
Chris Leeseberg, Planner ~
December 20, 2004
TO:
DATE:
SUBJECT:
Case No. OA 04-06
Request by Kevin and Kyleen Reiners to Amend Section 30-793
(Accessory Buildings) and Section 30-803 (Animals).
Request
The applicant is requesting an amendment to Section 30-793 regarding accessory structure
sizes. They are also requesting an amendment to Section 30-803 regarding the number of
agricultural animals allowed on a parcel.
60 Day Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by December 24, 2004.
Attachments
.
Percentage of Lot Coverage Chart
Section 30-793 Proposed Changes
Section 30-803 Proposed Language
Ordinance No. 04-
.
.
.
Analysis
A,,'essory Structure Sizes
In regards to the amendment to the accessory structure sizes, staff supports the request
given several conditions that are occurring within the city.
The first condition is the recent change to the Land Use Map from Agricultural to Rural
Residential for land located north of County Road 33. This will create a significant increase
City Council! OA 04-06
December 20, 2004
Page 2
to the 2 '/z- acre zoning area. Although the zoning will allow 2 '/z-acre lots, there will still be
a number of parcels that are 5 plus acres in size. These are the parcels that are being
considered for an increased accessory structure size.
The second condition is that there is an ever increasing usage on these larger parcels of land
for hobby farms and home occupations. Allowing larger accessory structures will allow the
city to require conditions to have these activities be placed inside a structure. For example, a
contracting busine~s could have conditions placed on it that all equipment shall be stored
inside the building, which now might be difficult with the limited accessory building sizes.
The third condition is the increasing level of extra vehicles, equipment and "toys" property
owners have. Many property owners that live on larger lots have items such as boats,
snowmobiles, A TV's, RV's and the equipment need to transport these items. Staff receives
many inquiries on why larger outbuildings cannot be built, as citizens want to store their
extra belongings under cover. Providing an increased allowed square footage would allow
these items to be stored indoors and out of sight.
ut Coverage Calculations
Staff assembled a chart showing the cw:rent percentage of lot coverage with the current
maximum allowed accessory structure sizes. It was found that the average percentage for lot
coverage for the 2 '/z-acre, Category C (which much of the city will eventually be zoned) was
2.1%.
Staff then computed the square footages based on the lot coverage percentages of 1.5% and
2.0%. The 1.5% was chosen as it was the average between the high end acreage of Category
C and the low end acreage of Category D. Again, the 2% was used as it is the average of
the current 2 '/z-acre, Category C.
After analyzing the numbers, it was decided that the average of the two percentages, or
1. 75%, should be used to determine the increased square footages of accessory structures for
lots 5-acres or larger. Staff used 1.75% of the smallest lot size of each category and then
rounded up to the nearest thousand. These are the proposed accessory structure sizes to be
allowed:
5 to 10 acres
10 to 20 acres
20 to 39 acres
40 plus acres
4,000 sqft
8,000 sqft
16,000 sqft
max of 2% of the lot area
Even though there are significant increases in the proposed sizes for lots 10-acres or larger,
the percentage of lot coverage is no where near those that are allowed on smaller lots. A
quarter-acre lot can have 18% of the lot covered with accessory structures, while the
proposal is to allow 1. 7 5% lot coverage on lots 5-acres or larger. The increased square
footages will not create an adverse impact due to total lot coverage. The number of
accessory structures shall not apply to parcels that are 40-acres of larger. This has not
changed as farmsteads typically require more than two detached accessory structures (barns,
silos, storage sheds, etc.)
S:\PLANNING\Case FiJes\2004\OA 04-06 Access StruccAgAnimals\OA 04-06_CC.doc
City Council / OA 04-06
December 20, 2004
Page 3
Agricultural Animals
The applicant is requesting an ordinance amendment to the total number of allowed animal
units per acre. They propose that the number may be increased, to no more than twice
currently allowed, provided there is an approved manure management plan following the
Minnesota Pollution Control Agency Technical Guidelines for Manure Management and
Applications and a Conditional Use Permit.
Planning Commission Actions
The Planning Commission unanimously recommended approval of the request with no
changes.
Recommendation
Staff and the Planning Commission recommend the City Council approve the proposed
changes to Section 30-793 regarding accessory structure sizes and Section 30-803 regarding
Agricultural Animals.
S: \PLANNING\ Case Files \2004\ OA 04-06 Access StrucCAg Animals \ OA 04-06_ CC.doc
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Sec. 30-793. Accessory buildings.
(a) Time of construction. No accessory building or structure shall be constructed on any
residential lot prior to the time of construction of the principal building to which it is
accessory.
(b) R-la district. In the R-la zoning district, two detached accessory buildings are allowed
per single-family parceL Restrictions on __ agricultural accessory structures shall
not apply to parcels that are 40 acres or larger. The total area of attached garages and
accessory buildings shall not exceed the following maximum square footage:
TABLE INSET:
Parcel size
Less than 1 acre
1 acre to
2.5 acres to
5 acres to
10 acres to
20 acres to
40 acres or more
Maximum Accessory Structure Area
2,000 sq. ft. attached and detached
2,500 sq. ft. attached and detached
3,000 s . ft. attached and detached
~ sq. ft. attached and detached
~ sq. ft. attached and detached
6;OOQ ..~:l.ft. attache~. and detached
Uft!iftlitea II'
See. 30-803. Animals.
(a) Definitions. The definitions in section 30-1 are applicable in this section.
(b) Purpose. It is the intent of this section to establish regulations which will allow the
keeping of animals within the city in a safe, clean, and healthy manner. The city recognizes
that certain types of animals require regulations and standards to ensure that the health,
safety, and welfare of the public is protected and to promote the compatibility of land uses
as it relates to the keeping of animals.
(c) Applicability of other regulations. The provisions of this section relate to the
regulation of animals in the context ofland use compatibility. These standards and
provisions are not exclusive of other regulations set forth in this Code. The provisions of
any other ordinance, statute or rule which impose other or greater restrictions shall also
apply.
(d) Agricultural animals.
(1) The keeping of agricultural animals in the .1 R-1a zoning district is a permitted
use on parcels which are five acres or larger and a conditional use on parcels which are
smaller than five acres. In the R-1b, R-1c, and R-ld districts, the keeping of agricultural
animals is a conditional use and shall be limited to parcels which are five acres or larger.
(2) The number of animals permitted shall be limited to one animal unit per acre of
fenced pasture land as outlined in the following table:
TABLE INSET:
Animal
Slaughter steer or heifer
Horse
Mature dairy cow
Swine under 55 pounds
Swine over 55 pounds
Sheep
Duck
Turkey
Chicken
Animal Unit Value
1.0
1.0
1.4
0.5
0.4
0.1
0.2
0.018
0.01
Note: For animals not listed in this table, the number of animal units shall be defined as the
average weight of the animal divided by 1,000 pounds.
l...nimab n1.fi') BE kept ~ii-th:in a snlaHer felu:ea area up8ft apple.. al sf a cSflditisf1al U3e pemIit.
E, Rh'RtfBa ef R ECaffitieaoJ. ,"Be permit wit! iflelttae sttbmtttoJ. Bf R "Rste rem'" at plRa.
ORDINANCE 04 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-793 AND 30-803
OF THE CITY CODE OF ORDINANCES
RELATING TO ACCESSORY BUILDINGS AND TO ANIMALS
Case No. OA 04-06
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-793 titled Accessory buildings of the City of Elk River Code of
Ordinances shall be amended by adding the following:
Sec. 30-793. Accessory buildings.
(a) Time of construction. No accessory building or structure shall be constructed on
any residential lot prior to the time of construction of the principal building to which it is
accessory.
(b) R-Ia district. In the R-Ia 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 accessory buildings shall not exceed the following maximum square footage:
TABLE INSET:
Parcel size
Less than 1 acre
1 acre to
2.5 acres to
5 acres to
10 acres to
20 acres to
40 acres or more
Maximum Accessory Structure Area
2,000 sq. ft. attached and detached
2,500 sq. ft. attached and detached
3,000 sq. ft. attached and detached
4,000 sq. ft. attached and detached
8,000 sq. ft. attached and detached
16,000 sq. ft. attached and detached
Not to exceed 20/0 of the lot area
Section 2. Section 30-803 titled Animals of the City of Elk River Code of Ordinances shall
be amended by amending the following:
Section 30-803. Animals
(a) Definitions. The deftnitions in section 30-1 are applicable in this section.
(b) Purpose. It is the intent of this section to establish regulations which will allow the
keeping of animals within the city in a safe, clean, and healthy manner. The city recoguizes
that certain types of animals require regulations and standards to ensure that the health,
safety, and welfare of the public is protected and to promote the compatibility of land uses
as it relates to the keeping of animals.
(c) Applicability of other regulations. The provisions of this section relate to the
regulation of animals in the context of land use compatibility. These standards and
provisions are not exclusive of other regulations set forth in this Code. The provisions of
any other ordinance, statute or rule which impose other or greater restrictions shall also
apply.
(d) Agricultural animals.
(1) The keeping of agricultural animals in the Al & R-la zoning district is a permitted
use on parcels which are five acres or larger and a conditional use on parcels which are
smaller than five acres. In the R-lb, R-lc, and R-ld districts, the keeping of agricultural
animals is a conditional use and shall be limited to parcels which are five acres or larger.
(2) The number of animals permitted shall be limited to one animal unit per acre of
fenced pasture land as outlined in the following table:
TABLE INSET:
Animal
Slaughter steer or heifer
Horse
Mature dairy cow
Swine under 55 pounds
Swine over 55 pounds
Sheep
Duck
Turkey
Chicken
Animal Unit Value
1.0
1.0
1.4
0.5
0.4
0.1
0.2
0.018
0.01
Note: For animals not listed in this table, the number of animal units shall be defined as the
average weight of the animal divided by 1,000 pounds.
The total number of allowed animal units per acre may be increased, provided there is an
approved manure management plan following the Minnesota Pollution Control Agency
Technical Guidelines for Manure Management and Applications. Such approval may be
obtained through the Conditional Use Permit process as noted in Section 30-651 through
30-657. In no event, however, shall the increased amount exceed twice the allowed animals
as indicated in Section 30-803 (d) (2).
Section 3. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 20th day of
December, 2004.
Attest:
Joan Schmidt
City Clerk
Stephanie Klinzing
Mayor
S:\PLANNING\Case Files\2004\OA 04-06 Access Struct_AgAnimals\Final Ordinance.doc