5.7 PCSR 10-24-1995 rk/ ~` ITEM NO. 5.7
MEMORANDUM
City of
lk/
River TO: Planning Commission
FROM: Gary Schmitz, Planning Assistant CC/-•
DATE: October 24, 1995
SUBJECT: Ordinance Amendment Request by the
City of Elk River, Public Hearing
Case No. OA 95-16
Request
The City of Elk River is requesting an ordinance amendment which would
increase the maximum accessory structure area in the Rla (Single Family
Residential) and Al (Agricultural Conservation) zoning districts.
Attachments
Ordinance 95 -
Background
• At the direction of the Elk River City Council and Planning Commission,
staff is proposing an ordinance amendment which would increase the amount
of accessory structure area for larger property owners in the Ria (Single
Family Residential) and Al (Agricultural Conservation) zoning districts. The
ordinance would provide a sliding scale which will allow more accessory
structure area as lot area increases in both zoning districts. The existing
ordinance in the Rla zoning district allows the same amount of accessory
structure area on a one acre parcel as on a 25 acre parcel. Both the Planning
Commission and City Council did not think this was fair and recommended
increasing the standards for larger property owners in both zoning districts.
Existing Ordinance
The existing accessory structure ordinance currently allows the following
accessory structure area per zoning district regardless of lot size:
Zoning District Accessory Structure Area
Rla 2,000 sq. ft. attached and detached
Al 3,000 sq. ft. attached and detached
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
The existing ordinance seems to work well for the smaller property owners
(i.e. 2-1/2 acres) in the Rla and Al zoning districts as they can typically build
0 between a 1200 and 1500 square foot detached pole building on their
property. Most of the requests do fall within those parameters. However, the
existing ordinance does not seem to work for the larger properties (i.e. 10
acre to 30 acre parcels) in these zoning districts. The larger property owners
often times have a greater need for accessory structure space, however are
treated the same as a 2-1/2 acre property owner.
Proposed Ordinance
In an effort to make the existing ordinance as fair as possible for larger
property owners in the Ma and Al zoning districts, staff is proposing the
following sliding scale for accessory structure area based upon lot area. The
following table highlights the proposed changes in both the Rla and Al
zoning districts.
Parcel Size Maximum Accessory Structure Area
Less than 1 acre 2,000 sq. ft. attached and detached
1 acre to 2-1/2 acres 2,500 sq. ft. attached and detached
III2.6 acres to 5 acres 3,000 sq. ft. attached and detached
5.1 acres to 10 acres 3,500 sq. ft. attached and detached
10.1 acres to 39.9 acres 4,500 sq. ft. attached and detached
40 acres plus unlimited
Parcels which are larger than 40 acres in the Rla and Al zoning districts can
be considered farms and should be exempt from the accessory structure
standards. Parcels in the Rla and Al zoning districts in the proposed
ordinance would be treated the same based upon their lot size. All other
ordinances related to accessory structures will continue to apply.
Pitfalls
As the city increases the size of accessory buildings allowed in the Rla and
Al zoning districts, one potential pitfall maybe the increase of home based
businesses starting out of these larger buildings. Businesses such as
trucking companies, small manufacturing uses, contractor yards, etc., which
will be difficult to regulate may start to occur more frequently as the larger
buildings offer a cheaper incentive to locate in these residential areas versus
411 the proper industrial zoning designation. Care will need to taken by the city
s:planning:pc:oa95-16
to ensure that these home based businesses will not become a competition
factor to the industrial zoned property, or jeopardize the residential qualities
IIIof these neighborhoods.
Recommendation
Staff recommends the Planning Commission consider the amendment as
proposed and offer modifications or concurrence with the proposed ordinance.
•
•
s:p lanning:p c:oa95-16
ORDINANCE 95-
• AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.20 (6) OF THE CITY OF
ELK RIVE CODE OF ORDINANCES RELATING TO
ACCESSORY BUILDINGS
(CASE NO. OA 95-16 )
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.20 (3)(B) of the City of Elk River Code of
Ordinances is hereby amended to add the following language:
Section 900.20 (3)(B) - In the A-1 and R-la zoning districts, two
(2) 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 scale:
Parcel Size Maximum Accessory Structure Area
III Less than 1 acre 2,000 sq. ft. attached and detached
1 acre to 2.5 acres 2,500 sq. ft. attached and detached
2.6 acres to 5.0 acres 3,000 sq. ft. attached and detached
5.1 acres to 10 acres 3,500 sq. ft. attached and detached
10.1 acres to 39.9 acres 4,500 sq. ft. attached and detached
40 acres + Unlimited
Section 2. Section 900.20(3)(C) of the City of Elk River Code of
Ordinances is hereby amended to delete this section.
Passed and adopted by the Elk River City Council this 20th day of
November, 1995.
Henry A. Duitsman, Mayor
Attest:
Sandra A. Thackeray, City Clerk
•
s:document:ordinance:oa95-16