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8 PCSR 01-25-1994 ty of ITEM 8 lk River TO:. PLANNING COMMISSION FROM: GARY SCHMITZ, PLANNING ASSISTANT DATE: JANUARY 25, 1994 SUBJECT: CODE AMENDMENTS FOR ACCESSORY STRUCTURES/PUBLIC HEARING, CASE NO. OA 94-01 ISSUE Consider a request by the City of Elk River to amend Section 900 .20, Section 900 . 12 , and Section 900 . 18 of the City Code related to accessory structures . ATTACHMENTS Ordinance 94 - 1, Summary of 1993 Accessory Structure Requests, Summary of Accessory Structure Ordinances of Other Cities, Current Ordinance Related to Accessory Structures, Chart Comparing Existing and Proposed Ordinances, Existing City Code. 411 ANALYSIS At the December 28, 1993, Planning Commission meeting, the issue of modifying standards relating to accessory structures was discussed. The point was made that the City processes several conditional use permit applications for accessory structures that exceeded City standards . The number of requests for large buildings as well as the lack of standards by which to gauge each request by, lead to several proposed changes . These changes will clarify the size, location, and architectural standards for accessory structures within each zoning district. Copies of both the existing and proposed ordinance are attached along with a chart comparing their differences . SUMMARY OF MAJOR CHANGES Section 900 . 20 - Accessory Structures 1) The proposed ordinance includes the size of attached garages as well as detached accessory structures in computing the maximum size. Currently the size of attached garages is not regulated. The proposed change should alleviate any concerns over extremely large attached garages . • 2 ) The proposed ordinance offers several changes to the size limitations in all districts (see attached chart for comparisons) . P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Accessory Structures Page 2 January 25, 1994 III3) The proposed ordinance eliminates the conditional use permit process as a means of exceeding maximum size and number requirements of accessory structures . Instead, applicants will need to obtain a variance and prove hardship in order to exceed the standards . A variance is the appropriate process for handling variations and modifications to standards of this ordinance. 4 ) The proposed ordinance does not distinguish between agricultural accessory structures and non agricultural accessory structures . Staff feels this distinction is difficult to regulate and enforce (especially if the property is sold) . In terms of size of accessory structures, the land use impact of agricultural versus non agricultural accessory structures are similar and such a distinction is unnecessary. 5) The proposed ordinance would no longer allow metal skin accessory structures in the Rib, Ric, Rld, and Rle zoning districts as a conditional use. Instead, it would eliminate such structures from these districts all together. It is staff ' s opinion that metal skin structures would be incompatible with surrounding residential areas . 6) Metal skin buildings in the Al and Ria zoning districts would be allowed on parcels three ( 3) acres in size, or 111 larger. Most parcels under three acres are platted and part of residential neighborhoods ( i .e. , Brentwood, Deerfield, Ridgewood, etc . ) . Typically, metal skin structures are not compatible with smaller lots and the close proximity to one' s neighbors . On parcels smaller than three acres, staff is proposing that the exterior materials of accessory structures match the existing home. Section 900 . 12 1) This ordinance amendment would eliminate the use of the conditional use permit as a mechanism to exceed the maximum size and number of accessory structures . As stated earlier,a variance will now be necessary to exceed the maximum standard. Section 900 . 18 1) In this ordinance amendment, staff is proposing to eliminate the 300 foot setback of metal skin buildings to neighboring dwellings in the Al zoning district. This setback would still apply in the Rla district. Please keep in mind that buildings containing livestock in the Al and Rla zoning districts will still need to meet the 300 foot setback requirement. RECOMMENDATION • Staff recommends the Planning Commission approve the code amendments as presented in the attached ordinance. ORDINANCE 94 - _ CITY OF ELK RIVER • AN ORDINANCE AMENDING SECTIONS 900 .20, 900 . 12 , AND 900 . 18 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATED TO ACCESSORY STRUCTURES IN RESIDENTIAL ZONING DISTRICTS The City Council of the City of Elk River does hereby ordain as follows : Section 1 . Section 900 .20 ( 3) of the City of Elk River Code of Ordinances titled, "Accessory Structures" is hereby amended to read as follows : 900 . 20 - GENERAL REGULATIONS 3 . Accessory Buildings a. 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. In the A-1 zone two (2) detached accessory buildings are allowed per single family parcel . The total area of attached garages and accessory buildings shall not exceed III 2,500 square feet. Restrictions on agricultural accessory structures shall not apply to parcels that are 40 acres or larger. c . In the R-1A zone, two (2) detached accessory buildings are allowed per single family parcel . The total area of attached garages and accessory buildings shall not exceed 1,500 square feet. d. In the R-lb, R-lc, R-ld and R-le zones two (2 ) detached accessory buildings are allowed per single family parcel . Also, the total area of attached garages and accessory buildings shall not exceed 1,200 square feet. e. In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five (5) feet to the main building. f . Portable utility structures not exceeding one hundred twenty ( 120) square feet in projected roof area may be permitted in any zone and may be constructed of metal, wood or masonry so long as the structures comply with the 411 required minimum setbacks and that the structures be anchored to the ground. g. No metal construction/exterior accessory building 411 will be allowed in R-lb, R-ic, R-id, and R-le zoned areas . In the R-1A and A-1 zoned areas, no metal construction/exterior accessory buildings will be allowed on parcels less than three ( 3) acres in size. h. In the R-1A zoned areas, metal construction/exterior accessory buildings shall be set back a minimum of three hunbred ( 300) feet from any neighboring residence. i . Garage stalls must be a minimum of ten ( 10) feet in width. Section 2 . Section 900 .20 is hereby amended as follows : ( 1) Section 900 .20 ( 3) (i) is renumbered to Section 900 . 20 ( 14 ) (a) titled "Temporary Structure/Residences" (2 ) Section 900 . 20 (3) ( j ) is deleted Section 3 . Section 900 . 12 of the Elk River Code of Ordinances is hereby amended as follows : ( 1) Section 900 . 12 (4) (c) xvi is deleted (2 ) Section 900 . 12 (4) (c) xvii is deleted ( 3) Section 900 . 12 (4) (C) xviii is deleted (4 ) Section 900 . 12 (4) (c) xix is deleted (5) Section 900 . 12 (5) (c) x is deleted ( 6) Section 900 . 12 (5) (c) xi is deleted ( 7 ) Section 900 . 12 (5) (c) xii is deleted ( 8) Section 900 . 12 (5) (c) xiii is deleted Section 4 . Section 900 . 18 of the City of Elk River Code of Ordinances titled "Schedule of Dimensional Regulations" is hereby amended to read as follows : 2 . Accessory Use Setbacks . Accessory structures shall comply with the following dimensional regulations : See Attached Passed and adopted by the Elk River City Council this 21st day of February, 1994 . Henry A. Duitsman, Mayor ATTEST: 411 Sandra A. Thackeray, City Clerk 2. Accessory Use Setbacks. Accessory structures shall comply with the following dimensional regulations: • Front Side Rear Max. Ag. Bldg. District Setback Setback Setback Height Fences H. Skin A-1 50' 25' 50' 22' (1) 0' (3) 300'(--) R-la 35' 20' 30' 22 ' (1) 0' (3) 300'{4-). R-lb Non-Sewered 35' 10' 20' 15' (1) 0' --- Sewered 35' 5' 5' 15' (1) 0' --- R-lc 30' 5' 5' 15' (1) 0' --- R-ld 35' 5' 5' 15' (1) 0' --- R-le 35' 10' 10' 15' (1) 0' --- R-2a Duplex 30' 5' 5' 15' (1) 0' --- R-2b Townhouse 30' 10' 10' 15' (1) 0' --- R-3 IP Townhouse & 30' 10' 10' 15' (1) 0' --- Other Multi-family R-4 Townhouse & 30' 10' 10' 15' (1) 0' --- Other Multi-family C-1 No Limits 45' 0' --- C-2 15' 10' 10' 45' 0' --- C-3 25' 10' 10' 35' 0' --- I-1 30' 10' 10' 40' 0' --- 1-2 30' 10' 10' 60' 0' --- Swimming Pools (4) 8' 8' -- 0' --- (1) A maximum of one story is permitted. (2) Accc000ry otructurco uocd for agricultural purpooco or of ictal • ... ...- ... .... ' ...-. . . . - . .. . 9.43 (2) ±.11.9— The keeping of livestock (fences) is prohibited within two hundred (200) feet of an adjacent dwelling. 410) 14H— Swimming pools shall be setback a minimum of eight (8) feet from the side yard and rear yard lot lines and must comply with the required front yard setback as per Section 900.18. Swimming pools must be completely enclosed with an opaque chain link or equivalent fence at least four (4) feet high with a lockable gate. • • 9.44 ACCESSORY BUILDING SUMMARY • COMMUNITY ACCESSORY BUILDING SIZE LOT SIZE 1) OTSEGO 1,000 Sq ft -ANY 1, 000-1,500 Sq ft* -ANY 1,500 Sq ft and larger ** -ANY * Administrative Permit ** Only through C.U.P . -Pole Buildings only allowed in A-1 & A-2 through a C.U.P. 2 ) RAMSEY 624 Sq ft 1 acre or less 800 Sq ft 1 to 2 .5 acres 1,200 Sq ft 2 . 5 acres 1, 600 Sq ft 2 . 6 acres 1, 600 Sq ft 3 . 0 acres 2 . 000 Sq ft 3 . 5 acres 2 ,400 Sq ft 3 . 6 acres 2 ,400 Sq ft 5 . 0 acres 2 ,800 Sq ft 5 . 6 acres 3,200 Sq ft 6 . 6 acres 4 ,000 Sq ft 8 . 6 acres 4,400 Sq ft 9 . 6 acres 4 , 800 Sq ft 10 . 6+ acres * On parcels of land less than 2-1/2 acres in size, accessory structures must be built with the same type of construction materials used on the home. 3) HAM LAKE 676 Sq ft Under 2 .5 acres 800 Sq ft 2 .5 to 5 acres 1,200 Sq ft 5 to 10 acres -Discretionary with 10+ acres Council approval * For lots less than five acres building materials must match existing house. ** An administrative permit approved by staff can exceed the size requirements . Exterior construction materials provide that a list of stipulations are met. 4 ) ANDOVER 75% of the land cover of Less than 1 the principal structure acre Shall not exceed the total 1 to 5 acres Sq ft of land cover of the principal building. • * No pole buildings on parcels 3 acres in size or less . 5) LINO LAKES Total detached & attached Less than 880 Sq ft 32, 671 Sq ft Total detached & attached 32 , 671/1-1/4 960 Sq ft acres 800 Sq ft 1-1/4 to 2-1/2 acres 1, 000 Sq ft 2-1/2 to 5 acre 1, 600 Sq ft 5 to 10 acres 2 ,400 Sq ft 10 to 20 acres No Max 20+ acres * For lots less than five acres, building materials must match the existing home. 6 ) BROOKLYN Home and accessory Residential lot PARK structures cannot exceed 25% of lot. * Metal skin buildings are not allowed except for accessory buildings used for farming with an interm use permit. 7 ) MAPLE GROVE Total detached & attached 10, 000 Sq ft 700 Sq ft Total detached & attached 10,000-20, 000 1,254 Sq ft Sq ft Total detached & attached 10 acres 2 , 150 Sq ft No limits 20+ acres 8 ) LAKEVILLE Total detached & attached 9 , 375 Sq ft 788 Sq ft Total detached & attached 11, 000 Sq ft 1, 100 Sq ft Total detached & attached 15, 000 Sq ft 1,500 Sq ft Total detached & attached 20,000 Sq ft 2, 000 Sq ft Total detached & attached 10+ acres 13, 068 Sq ft * The same or similar quality exterior building material shall be used in the accessory building and the principal building. 9 ) BLAINE Total detached & attached 10, 000 sq ft 1,200 sq ft 2 , 000 sq ft 10 acres * Metal skin building can only be constructed for agricultural purposes . 110 1993 CONDITIONAL USE PERMIT ACCESSORY BUILDING SUMMARY 93-09 Ed Stevens - 1,400 sq. ft. metal skin 21216 Vernon Street - Storage Zoning: Al - 2 1/1 acre +, platted - * Setback - 175' from neighbor 93-24 William Palmer - 1,408 sq. ft. garage 11712-200 Avenue - Storage Zoning: Rla - 2 acres+, platted 93-26 David Gow - 2,000 sq. ft. metal skin 20493 Meadowvale Rd - Agricultural Zoning: Rla - 20 acres, platted 93-27 Glen Ertel - 2,280 sq. ft. metal skin 19075 Twin Lake Rd - Storage Zoning: Rla - 4.58 acres 93-28 Donald Robideau - 960 sq. ft. metal skin 10654-201 Circle - Storage Zoning: Rla - 1.58 acres, platted - Setback - 133' from neighbor • 93-30 Vernon Draxler - 1,176 sq. ft. garage 13416 Islandview Dr - Storage Zoning: Rib - 1 acre + 93-31 Michael Larson - 1,440 sq. ft. metal skin 12869 Ranch Road - Storage Zoning: Al - 3.8 acres - * Setback - 250' from neighbor 93-33 Bart Boese - 1,380 sq. ft. metal skin 20337 Auburn Street - Storage Zoning: Rla - 2 1/2 acres +, platted 93-34 Richard Peterson - 3,190 sq. ft. metal skin 11763-201 Avenue - Agricultural Zoning: Ria - 27 acres 93-40 Steve LaTour - 768 sq. ft. metal skin 11063-207 Avenue - Agricultural Zoning: Al - 5 acres "In Progress" - * Setback - 200' from neighbor • • EXISTING ORDINANCE *PROPOSED ORDINANCE Al 1,400 sq ft combined total 2,500 sq ft total detached non agricultural (attached and detached) 1,000 sq ft max. size individual 2 detached accessory non agricultural acc . structure structures, maximum 2, 000 sq ft max. size individual agricultural acc. structure 2 detached accessory structures, maximum Rla 1,400 sq ft combined total detached 1,500 sq ft total non agricultural (attached and detached) 1,000 sq ft max. size individual 2 detached accessory non agricultural acc. structure structures, maximum 2,000 sq ft max. size individual agricultural acc. structure . Rlb, Ric, Rld, Rie 1,000 sq ft combined total detached 1,200 sq ft total (attached and detached) 2 detached accessory structures, 2 detached accessory maximum structures, maximum *The proposed ordinance does not distinguish between agricultural and non agricultural accessory structures . EXISTING CITY CODE 900 . 20 - GENERAL REGULATIONS • 1 . Scope of Regulations a. Except as may be otherwise provided in Section 900 . 34 , all buildings erected, all uses of land or buildings established, all structural alterations or relocations of existing buildings, and all enlargements or additions to existing uses occurring hereafter shall be subject to all regulations of this Ordinance which are applicable to the zoning districts in which such buildings, uses or land shall be located. b. No application for a building permit or other permit or license, or for a certificate of zoning compliance shall be approved by the Building and Zoning Administrator and no permit or license shall be issued by any other City officer or department which would authorize the use or change in use of any land or building contrary to the provisions of this Code, or the erection, moving, alteration, enlargement, or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this Code. c. Area Regulations : Except as authorized pursuant to Sections 900 . 12 ( 12) and 900 .40, no lot area shall be so reduced or diminished that the yards or other open spaces • shall be smaller than prescribed by this Ordinance, nor shall the density or population be increased in any manner except in conformity with the area regulations as hereinafter provided, nor shall the area of any lot be reduced below the minimum requirement herein established. 2 . Number of Principal Structures Per Lot. Except in agricultural (A-1) , single family (R-1) , and duplex (R-2a and R-2b) districts and/or a plot in a mobile home park, multiple principal structures per lot may be allowed if 11 the lot is located in a planned development and allowed in accordance with Section 900 . 12 ( 13) ; or 2} the lot and structures therein comply with performance standards of this ordinance applicable to a particular zoning district and after public hearings by the City Council and receipt of recommendation by the Planning Commission are determined by the City Council to meet the standards and comply with the conditions set forth in Section 900 .42 . The allowance of multiple principal structures on a residential lot is considered to be equivalent to a subdivision and subject to the requirements of Section 1008 . 18 . Other than stated herein, more than one principal structure per lot shall not be permitted. 3 . Accessory Buildings a. 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. 9 .45 b. In the A-1 and R-la zones two (2) detached accessory buildings (not to include more than one ( 1) agricultural • building) are allowed per single family parcel except as provided in Section 900 . 20(4 ) (g) unless a conditional use permit has been issued for additional agricultural or non-agricultural accessory buildings as provided in Section 900 . 12 . In cases where a garage is not part of the principal structure, the two (2) accessory buildings are allowed in addition to a detached garage. The total floor area of the two (2) accessory buildings shall not exceed one thousand four hundred ( 1,400) square feet unless a conditional use permit has been issued to exceed the maximum square footage as provided in Section 900 . 12 or one of the accessory structures is used for agricultural purposes, in which case the maximum combined square footage is three thousand (3, 000) square feet. Restrictions on agricultural accessory structures shall not apply to parcels that are 40 acres or larger. c. In the R-lb, R-lc, R-ld and R-le zones two (2) detached accessory buildings are allowed per single family parcel except as provided in Section 900 . 20 (4 ) (g) unless a conditional use permit has been issued to allow additional accessory buildings as provided in Section 900 . 12 . Also, the accessory buildings shall not exceed one thousand ( 1000) square feet in combined floor area unless a conditional use permit has been issued to exceed • the maximum square footage as provided in Section 900 . 12 . d. In all zones no detached accessory building on single family parcels shall exceed one thousand ( 1, 000) square feet in area unless specifically used for agricultural purposes, in which case the accessory building shall not exceed two thousand (2, 000) square feet in area, unless a conditional use permit has been issued to allow a larger accessory building as provided in Section 900 . 12, except that agricultural structures on parcels of forty (40) acres or more in the A-i and R-la zones are not subject to the restrictions of this section. e. A detached accessory building not over one ( 1) story and not exceeding fifteen ( 15) feet in height may occupy not more than thirty percent (30%) of the area of any side or rear yard. Also, in A-1 and R-la zoned districts, a detached accessory building may be twenty-two (22 ) feet in height maximum. f. In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five (5 ) feet to the main building. 9 . 46 g. Portable utility structures not exceeding one hundred twenty ( 120) square feet in size may be permitted in any zone and may be constructed of metal, wood or masonry so long as the structures comply with the required minimum setbacks and that the structures be anchored to the ground. h. No metal construction/exterior accessory building will be allowed in R-lb, R-lc, R-ld, and R-le zoned areas unless allowed through a conditional use permit and used specifically for agricultural purposes or as provided in Section 900 .20(4) (g) . i . The use of any one ( 1) mobile home as a temporary residence may be allowed in accordance with the following requirements and following receipt of a conditional use permit as outlined in Section 900 . 42 . i . The mobile home must be occupied by a member of the farm operator' s immediate family. Immediate family shall mean the farm operator' s children, step-children, father, mother, brother, sister or ward. ii . Both the mobile home occupant and the farm operator must derive their princip::l income from the farm operations . • iii . The principal and predominant use of the property must be agricultural . iv. The conditional use permit is to be reviewed in two (2) years before renewal is granted and the operation is allowed to continue. v. The dimensional setbacks and on-site septic systems for the mobile home shall meet the minimum City requirements . j . Garages within multifamily zoned districts must have a minimum of forty (40) feet in front of the doors, clear of buildings and other obstructions or if uncovered parking stalls are opposite the garage doors, there must be a minimum of thirty (30) feet clear of obstructions from the garage doors to the end of the uncovered parking stall closest to the garage. k. Garage stalls must be a minimum of ten ( 10) feet in width. 4 . Height Regulations . a. Where the average slope of a lot is greater than one ( 1) foot rise or fall in seven ( 7) feet of horizontal 410 distance from the established street elevation at the property line, one story in addition to the number 9 .47