7 PCSR 02-23-1993 -(./
\� ITEM 7
ligTO: PLANNING COMMISSION �1Y
lkRiver FROM: JANELLE SCHMITZ 7—ej
DATE: FEBRUARY 12, 1993
SUBJECT: ORDINANCE AMENDMENT SECTION
900.20 "GENERAL REGULATIONS" (ZERO
LOT LINE) /PUBLIC HEARING
The City is initiating an ordinance amendment to Section 900 . 20
which would allow zero lot line developments in the C2 and C3
zoning districts . This issue was discussed with the Planning
Commission and City Council when Dennis Chuba applied for a
zone change to PUD to construct a zero lot line office building
at the corner of Evans and Main. The current ordinance
addresses zero lot line situations in residential districts to
accommodate townhouses and duplexes, however, commercial zero
lot line developments are not addressed. The exception is the
Cl zoning district where no setbacks are required. I am
enclosing a copy of the June 23, 1992, Planning Commission
minutes in which the commission discussed this issue.
Staff feels this ordinance amendment is needed to provide
• developers with some flexibility in the development of
commercial property. As in the residential zero lot line
requirements, all other setbacks in a commercial district
should be met. The zero lot line would only apply to the side
yard setbacks along common wall lines . In addition, the
property would have to be platted to accommodate the zero lot
line situation as in the case of the Chuba development. Staff
does not feel zero lot line commercial developments would be
receiving special treatment because all other standards of the
zoning district would apply.
I am attaching a copy of a draft ordinance amendment which
would allow zero lot line development in both the C2 and C3
zoning districts . Staff is recommending approval of the
attached ordinance.
•
720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420
IIIORDINANCE 93 - _
AN ORDINANCE AMENDING SECTION 900 .20
"GENERAL REGULATIONS"
An Ordinance amending Section 900 .20, "General Regulations . "
Subparagraph 5, "Yard Regulations"
The City Council of the City of Elk River does ordain as
follows :
Section 1 . That Section 900 .20 (5) , of the Elk River
Code of Ordinances titled "Yard Regulations"
be amended to add:
h. Zero lot line in commercial C2 and C3
developments, interior side lot lines which
correspond exactly with a common or party
wall between two adjoining structures
providing the following criteria are
• complied with:
i . Except along common wall lines,
all other setbacks shall be met.
ii . The subdivision of the lot shall
be accomplished by plat in
accordance with the subdivision
ordinance Section 1008 .
Passed and adopted by the Elk River City Council this 15th day
of March, 1993 .
Henry A. Duitsman, Mayor
ATTEST:
III Sandra Thackeray, City Clerk
Planning Commission Minutes Page 8
June 23, 1992
• Kenneth Dohrmann, 12758 206th Avenue NW, questioned why they did not
have any city services available to them, and further questioned why
the City would allow another house to be built in this location?
Mr. Rohlf addressed his concern stating that because they are on a
private road and not a City street, they would not have some city
services, such as road maintenance available to them. He stated that
they could petition for the City to upgrade their road to meet city
standards, but they would be assessed for these improvements. The
applicant is not creating a new lot, but would be building on an
existing lot which is located on a private road.
Rosalind Hoglund, 12846 206th Ave. , questioned the design of the septic
system and whether it meet the City standards. Mr. Rohlf stated that
the design of the septic system does meet the City and State standards.
Vice Chair Eberley closed the public hearing.
COMMISSIONER MINTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF
THE VARIANCE REQUEST FOR AN APPROXIMATELY 70 FT ENCROACHMENT ON THE 150
FT. SETBACK FROM THE ORDINARY HIGH WATER MARK BASED ON THE FIVE
STANDARDS FOR A VARIANCE AND CONTINGENT UPON CITY STAFF APPROVING THE
SEPTIC SYSTEM DESIGN AND THE HOUSE PLACEMENT. COMMISSIONER SPOTTS
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
• 10. Consider Zone Change Request (C-2 to PUD) By Dennis Chuba/P.H.
Steve Rohlf, Building & Zoning Administrator, explained that the
applicant (Dennis Chuba) is requesting a zone change from C-2/Office
District to PUD/Planned Unit Development to accommodate a zero lot line
situation for three office buildings that are proposed to be subdivided
into three parcels.
Mr. Chuba stated that the reason they were proposing to use the PUD
mechanism was to address the zero lot lines that are need to accomplish
this request.
Steve Rohlf, Building and Zoning Administrator, stated that the
underlying land use would not change as offices are a permitted use
with the current C-2 zoning designation.
Vice Chair Eberley opened the public hearing. No one appeared for or
against the request, Vice Chair Eberley closed the public hearing.
Commissioner Minton questioned whether it was more feasible to change
the ordinance to allow zero lot lines in commercial situations rather
than use the PUD Mechanism.
Mr. Rohlf stated that staff would look into seeing if the City
ordinance can be changed to accommodate these types of uses, with City
i • Council approval.
Planning Commission Minutes Page 9
June 23, 1992
Vice Chair Eberley stated that she would also like to see the ordinance
changed to accommodate these types of uses rather than using the PUD
mechanism.
Commissioner Spotts stated that the City ordinance addresses the zero
line situation for residential townhouses and duplexes and questioned
whether the ordinance could be changed to include commercial zero line
situations.
Peter Beck, City Attorney, stated that the City would need a separate
ordinance to address the issues of zero lot line development in
commercial situations.
COMMISSIONER SPOTTS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF
THE ZONE CHANGE REQUEST BY DENNIS CHUBA FROM C-2/OFFICE DISTRICT TO
PUD/PLANNED UNIT DEVELOPMENT CITING STAFF'S MEMO DATED 6/3/92 REGARDING
THE FINDINGS OF FACTS. COMMISSIONER MINTON SECONDED THE MOTION.
COMMISSIONER SPOTTS AMENDED THE MOTION TO INCLUDE A RECOMMENDATION TO
THE CITY COUNCIL THAT THEY REVIEW THE ORDINANCE TO ADDRESS THE ISSUES
OF ZERO LOT LINE DEVELOPMENT IN COMMERCIAL SITUATIONS. COMMISSIONER
MINTON SECONDED THE MOTION. THE MOTION CARRIED 4-0.
11. Consider Conditional Use Permit Request (Office Complex) by Dennis
Chuba/P.H.
• Steve Rohlf, Building & Zoning Administrator, stated that along with
the conditional use permit request, an administrative subdivision to
create three parcels is needed contingent upon the zone change and CUP
being approved.
Janelle Szklarski, Zoning Assistant, stated that she had received a
call from Glenn Sundeen, Elk River Utilities Electrical Department
stating his concern with the potential size of the green ash trees that
the applicant was planning on planting that they are very fast growing
trees which could interfere with the utility's overhead wires. Mr.
Sundeen would like to see the applicant substitute some other type of
trees, perhaps slower growing. Ms. Szklarski stated that she had
talked with Gary Schmitz, Recycling Coordinator, and he had given her a
list of slower growing and shorter trees that might meet this criteria.
Vice Chair Eberley opened the public hearing.
Donald Driessen, 324 Main Street, questioned whether the applicant had
a building permit for this project. Mr. Rohlf stated that the
applicant can be issued a building permit because office buildings
under the current C-2 zoning are a permitted use, although the
developer is at his own risk until the City Council allows the
developer to build with a zero lot line.
( • Stewart Wilson, 18975 Troy Street, asked if you zone change to a PUD,
does the developer have to enter into a PUD agreement with the City.
Mr. Rohlf addressed his question, by stating that typically there is a
PUD agreement, but staff is recommending that the conditions of the