6.7. SR 04-04-2005
Item #6.7.
MEMORANDUM
TO:
Mayor and City Council
FROM:
Chris Leeseberg, Planner If:
April 4, 2005
DATE:
SUBJECT:
Case No. OA 05-07
Request by City of Elk River to Amend Sections 30-1023, 30-
80 I, 30-938 and 30-2021.
Request
The City of Elk River is requesting ordinance amendments to these sections: Section 30-
1023: C-2 Office District; Section 30-801: Home Occupations; Section 30-938: Architectural
Standards; Section 30-2021: Lot Area and Width Standards.
The Planning Commission tabled Section 30-938 to a work shop meeting for further
discussion.
Attachments
. C-2 Office District: Section 30-1023 Proposed Language
. Home Occupations: Section 30-801 Proposed Language
. Architectural Standards: Section 30-938 Proposed Language (PC tabled this section)
. Lot Area and Width Standards: Section 30-2021 Proposed Language
. Ordinance 05-_
Analysis
Section 30-1023: C-2 Office District
The C-2 zoning district allows single-family dwellings as a Conditional Use. The ordinance
indicates setbacks for Accessory Buildings in the C-2 district but Accessory Buildings are not
allowed. Staff is proposing to allow Accessory Buildings as a Conditional Use in the C-2
district.
City Council / OA 05-07
April 4, 2005
Page 2
Section 30-801: Home Occupations
As a result of the recent application for a hair salon as a home occupation and the concern
of chemicals on the shared septic system, staff is proposing that all Home Occupations
obtain written permission from the Home Owners Association, when one is present. This
will be required for both Permitted Home Occupations as well as Conditional Use Home
Occupations.
Requiring written permission for all Home Occupations will provide a mechanism to the
Home Owners Association that a dwelling in their association is running a business. It also
coordinates communication between the City, applicant and the Association.
Section 30-2021: LotArea and Width Standards
The City has adopted a shoreland ordinance that regulates lot sizes, lot widths and lot areas
for properties adjacent to lakes, rivers and streams within the city limits. During its adoption
the lot width and area requirements for properties adjacent to natural environment lakes
were not included in the version that was adopted by the City. They are, however,
established by the State shoreland standards, which were created in 1989.
This correction was attempted in 2001, but the requirements did not get included in the
recodification of the ordinance.
Section 30-938: Architectural Standards (Planning Commission tabled this to a workshop)
This is basically a "housecleaning" amendment as this section is referred back to by other
sections and is outdated. The proposed language now deals with building/roofing materials
for the C-l, C-2, C-3, 1-1 & 1-2 districts.
Planning Commission Action
The Planning Commission recommended approval of Section 30-1023: C-2 Office District;
Section 30-801: Home Occupations and Section 30-2021: Lot Area and Width Standards.
Section 30-938: Architectural Standards was tabled to a workshop meeting for further
discussion.
Recommendation
Staff and the Planning Commission recommend the City Council approve of the proposed
changes to Sections 30-1023, 30-801 and 30-2021.
S:\PLANNING\Case Files\200S\OA 05-07 Housekeeping\OA OS-07_CC.doc
Proposed Housekeeping Language, OA 05-07
Section 30-1023 C-2 office district
(d) Conditional Uses
(9)Accessory Structures associated with single-family dwellings.
Section 30-801 Home occupations
(12) The applicant shall obtain and include with their application, written permission from
the Home Owners Association, when one is present.
Section 30-2021 Lot Area and Width Standards
A. Lakes (U nsewered Areas)
B. Lakes (Sewered Areas)
i. General Development
Riparian Lots N onriparian Lots
Area(sq.ft.) Width Area sq. ft. Width
Single 15,000 80' 10,000 80'
Duplex 26,000 135' 17,500 135'
Triplex 38,000 195' 25,000 190'
Quad 49,000 255' 32,500 245
11. Natural Environment
Riparian Lots
Area (sq.ft.)
40.000
70.000
100.000
130.000
N onriparian Lots
Single
Double
Triplex
Quad
Width
125'
225'
325'
425
Area (sq. ft.)
20.000
35.000
52.000
65.000
Width
125'
220'
315'
410'
This Section was table by the Planning Commission for further review
Section 30-938 Architectural standards
(2) Exterior
a. In R 3 and R 1 ~, 100 pereent of the exterior
building finish shall consist of materials comparable in grade and tttlaftty to the material;, on
the list of exterior building finishes in subsection (2)b of this section.
b. Approved exterior building finishes are as follows:
1. Face brick.
2. Natural stone.
3. Glass.
4. Wood.
5. Stucco.
6.
7.
8.
9. Integrally colored split face (rock face), burnished or glazed concrete masonry units
(excluding plain or painted) Specially dcsigned precast coaerete tlfl.ft3 or waCf"ete blocks,
Proposed Housekeeping Language, OA 05-07
only if the surfaces have been integrally treated ",:i-th an applied decorative materiill or
textured.
..:J:-9., Other approved architecturalmetal~:~~p:
(3) Rorging standards. In R 3 and R 4_~:::::1!__ '~"iiiiiiiiiI,",'Str1,",,'~,';~,',~, ' roofin sl1, all""",.",
consist of materials comparable in grade llnd quality to a shingled, I,cue;:' ".'<? or
membrane roof.
ORDINANCE 05 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-1023, 30-801 AND 30-2021
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 30-1023 titled C-2 Office District of the City of Elk River Code of
Ordinances shall be amended by adding the following:
Sec. 30-1023. C-2 office district.
(d) Conditional uses. Conditional uses in the C-2 district are as follows:
(1) Licensed day care facilities.
(2) Institutional uses.
(3) Single-family dwellings.
(4) Financial institutions.
(5) Funeral parlors.
(6) Boardinghouses.
(7) Governmental buildings and facilities.
(8) Sauna establishments.
(9) Accessory structures associated with single-family dwellings.
Section 2. Section 30-801 titled Home Occupations of the City of Elk River Code of
Ordinances shall be amended by amending the following:
Section 30-801. Home occupations
(c) Permitted home occupations. Permitted home occupation permits shall be issued subject to
the conditions of this section, other applicable city ordinances and state law. A permit for a
permitted home occupation may be issued by the city based upon proof of compliance with
the provisions of this section. Application for the permitted home occupation permit shall
be accompanied by a fee as adopted by resolution of the city council. If the city denies a
permitted home occupation permit to an applicant, the applicant may appeal the decision
pursuant to the provisions of subdivision II of division 2 of this article. Permitted home
occupations are subject to the following criteria:
(1) The occupation shall be carried on entirely within the dwelling unit or attached garage,
except that light construction contractors may use detached accessory structures which
would normally be allowed under the provisions of this article for storage. If the home
occupation is carried on in the garage, the minimum amount of required garage space shall
be maintained.
(2) There shall be no exterior evidence of the home occupation such as displays or
exterior storage of business equipment, materials, merchandise, inventory or heavy
equipment.
(3) No permitted home occupation shall require internal or external construction features
not customarily found in dwellings.
(4) A maximum of one full-time employee, or equivalent, other than those persons who
customarily reside on the premises shall be employed. Tbis provision shall not apply to
dwellings where the permitted home occupation is a meeting place for employees and the
work is done off-premises.
(5) Permitted home occupations involving teaching shall not exceed two pupils at a time.
(6) Any sign or visible advertisements shall not exceed two square feet in area and shall be
mounted flat on the outside wall of the dwelling.
(7) No permitted home occupation shall be serviced by delivery vehicles larger than
26,000 pounds gross vehicle weight.
(8) No home occupation shall have outside employees and/or customers between the
hours of 10:00 p.m. and 7:00 a.m,
(9) Permitted home occupations shall not create a parking demand in excess of that which
can be accommodated in an existing driveway, where no vehicle is parked closer than 15 feet
to the curbline or edge of the paved surface.
(10) The operation of any wholesale or retail business, unless it is conducted entirely by
mail, and does not involve the sale, shipment, or delivery of merchandise on the premises, is
prohibited. On-site sales shall be limited to those clearly incidental to services provided in
the dwelling.
(11) Permitted home occupations may not involve repair of internal combustion engines
or use of equipment which is not normally found in a home, except that equipment which is
typically in an office may be used.
(12) The applicant shall obtain and include with their application, written permission from
the Home Owners Association, when one is present.
Section 3. Section 30-2021 titled Lot Area and Width Standards of the City of Elk River
Code of Ordinances shall be amended by amending the following:
Section 30-2021. Lot area and width standards
(2) Lakes (Sewered Areas)
c. General Development
Riparian Lots
Single
Duplex
Triplex
Quad
Area(sq.ft.)
15,000
26,000
38,000
49,000
d. Natural Environment
Riparian Lots
Single
Double
Triplex
Quad
Area (sq.ft.)
40,000
70,000
100,000
130,000
Width
80'
135'
195'
255'
N onriparian Lots
Area sq.ft.
10,000
17,500
25,000
32,500
Width
80'
135'
190'
245
Width
125'
225'
325'
425'
N onriparian Lots
Area (sq.ft.) Width
20,000 125'
35,000 220'
52,000 315'
65,000 410'
S:\PLANNING\Case Files\200S\OA 05,07 Housekeeping\Final Ordinance,doc
Section 4. 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 4th day of
April, 2005
Attest:
Stephanie Klinzing
Mayor
Joan Schmidt
City Clerk
s: \PLANNING \ Case Files \2005 \ OA 05,07 Housekeeping\Final Ordinance,doc