6.3 ITEM NO. 6.3.
ty of
Ak1 River MEMORANDUM
TO: Planning Commission
FROM: Steven B. Ach, City Planner
DATE: December 19, 1995
SUBJECT: Ordinance Amendment Request
by the City of Elk River, Public
Hearing Case No. OA 95-16
Request
This ordinance amendment is in reference to increasing the maximum square
footage for accessory structures in the R1a (Single Family Residential) and
Al (Agricultural Conservation) zoning districts.
• Background
The Planning Commission originally reviewed this item at their October 24
public hearing meeting, upon which a recommendation was made to the City
Council to approve an ordinance as drafted on the attached Exhibit A. The
City Council discussed this ordinance amendment at their November 6th
meeting and after much discussion, made a motion to have this ordinance
sent back to the Planning Commission for further consideration.
Overview
Attached for the Planning Commission's review is the ordinance that was
presented to the Planning Commission and recommended for approval to the
City Council. I have also attached previous staff reports which explain the
ordinance in more detail.
Recommendation
The Planning Commission is asked to either re-affirm their original
recommendation to the City Council, or, if the Planning Commission would
like to modify that recommendation, they are asked to do that at the
December 19th meeting. Staff believes that the Planning Commission's
• origin al recommendation to the City Council is a generous increase in
accessory structure space. Therefore, staff recommends implementing this
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• ordinance for the next year to gauge the community's acceptance or
continued opposition to these square footage thresholds.
•
•
s:p l annin g:p c:oa95-16x
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ORDINANCE 95-
Com,ostr.SZ
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:
10,4i Parcel Size Maximum Accessory Structure Area
Less than 1 acre 2,000 sq. ft. attached and detached
>1 acre to 2.5 acres 2,500 sq. ft. attached and detached
>2.5 acres to 5.0 acres 3,000 sq. ft. attached and detached
>5.0 acres to 10 acres 3,500 sq. ft. attached and detached
>10 acres to 20 acres 4,500 sq. ft. attached and detached
>20 acres to 40 acres 6,000 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
• MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, NOVEMBER 13, 1995
Members Present: Mayor Duitsman, Councilmembers Holmgren, Farber, and Dietz
Members Absent: Councilmember Scheel
Staff Present: Pat Klaers, City Administrator; Steve Ach, City Planner; Kendra
Lindahl, Planning Assistant; Michelle Dwyer, Recording Secretary
1. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 7:00 p.m. by Mayor Duitsman.
2. Consider Agenda
COUNCILMEMBER DIETZ MOVED TO APPROVE THE NOVEMBER 13, 1995, CITY
COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
• 3. Consider Minutes
COUNCILMEMBER DIETZ MOVED TO APPROVE THE NOVEMBER 6, 1995 CITY
COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION . THE
MOTION CARRIED 4-0.
4. Planning Items:
4.1 Ordinance Amendment Request by the City of Elk River, Public Hearing Case
4*
Pslo. OA 95-16
Steve Ach, City Planner reviewed the proposed ordinance amendment which
relates to the size of accessory structures in the Al and Rio zones and stated the
Planning Commission recommended approval of the ordinance amendment.
Mayor Duitsman opened the public hearing.
Arne Engstrom, 20800 Meadowvale Road, expressed his concerns regarding the
limits on accessory structure sizes if a parcel is not over 40 acres. He indicated
that many farms are smaller parcels of land that are not technically combined
but function as one piece of property or farm.
Dennis Kramer, 20789 Meadowvale Road, stated he would like the Council to
. change the 10 to 20 acres size limits to 6,000 square feet because of his
variance. He does not want to combine his two parcels.
Elk River City Council Meeting
November 13, 1995 Page 2
IP
City Planner Steve Ach stated the proposed ordinance was the consensus of the
Planning Commission and he did not see the commission changing the
allowable sizes for these categories. The City Planner suggested a solution for
Mr. Kramer is to combine his parcels and then no variance is required for his
proposal.
Councilmember Holmgren thinks 10 to 20 acres allowing 6,000 square feet and
20 acres on up allowing unlimited size for accessory structures is fair.
Councilmember Dietz does not feel a need to change the Planning
Commissions recommendations.
Dick Hinkle, 13432 Meadowvale Road, supports Mr. Kramer's request and would
ike to commend the Planning Commission and City Council for looking at this
size of accessory structure issue.
COUNCILMEMBER HOLMGREN MOVED TO SEND ORDINANCE AMENDMENT OA 95-
16 BACK TO THE PLANNING COMMISSION FOR RECONSIDERATION.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL
MEETING ON MONDAY, DECEMBER 21, 1995 AT 6:00 P.M. TO RECONSIDER
ORDINANCE AMENDMENT REQUEST BY THE CITY OF ELK RIVER, PUBLIC HEARING
CASE NO OA 95-16. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
4.2 Variance Request by Dennis Kramer, Public Hearing Case No. V 95-8
COUNCILMEMBER HOLMGREN MOVED TO TABLE CONSIDERATION OF THE
VARIANCE REQUEST BY DENNIS KRAMER, PUBLIC HEARING CASE NO. V 95-8 UNTIL
(DECEMBER 21, 1995 AT 6:00 P.M.. COUNCILMEMBER FARBER SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
6. Adjournment
There being no further business. COUNCILMEMBER FARBER MOVED TO ADJOURN
THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
The meeting of the Elk River City Council was adjourned at 7:40 p.m.
Respectfully submitted,
Ma L2-
Michelle Dwyer
Recording Secretary
/ ITEM 4 . 1 .
'ity of MEMORANDUM
•
ElkRiver TO: Mayor& City Council
FROM: Steven B. Ach, City Planner_
DATE: November 13, 1995
SUBJECT: Ordinance Amendment Request by the
City of Elk River
Public Hearing Case No. 0A95-16
Issue
The City of Elk River is requesting an ordinance amendment which would increase the
maximum accessory structure area in the R1A (single family residential) and Al
(agricultural conservation) zoning districts.
Attachments
• Ordinance No. 95-
• Report to the Planning Commission dated October 24, 1995.
Background
Approximately two years ago, the Planning Commission and City Council approved an
ordinance amendment which established a maximum accessory structure area for
property owners in all residential zoning districts. In reviewing that ordinance,the most
difficult districts to establish a maximum accessory structure area happen to be the R1 A
and Al zoning districts. These two districts have varying lot sizes along with a variety of
residential uses. The R1A zoning district, which allows a minimum of 2 1/2 acre lot size
was in particular a difficult district to deal with. In this zoning district there are operating
farms as well as semi-rural subdivisions.
Over the past two years, the accessory structure ordinance has not created a problem in
the urban residential zoning districts, however, there has been a few cases in the R1A and
Al which have demonstrated that the maximum accessory structure area maybe too
restrictive. Therefore, at the direction of the Planning Commission and City Council,
staff has prepared a ordinance which will hopefully accommodate the variety of lot sizes
in both the R1A and Al zoning districts, while at the same time still maintain some
maximum threshold.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• Existing Ordinance
The existing accessory structure ordinance currently allows the following:
Zoning District Maximum Accessory Structure Area
R1A 2,000 square feet attached and detached
Al 3,000 square feet attached and detached
Proposed Ordinance
As discussed earlier, the RIA and Al zoning districts have a variety of lot sizes ranging
anywhere from 1 acre up to 40 or even 80 acres in size. Given this variety of lot sizes, it
seemed to make sense to have a"sliding scale" for accesory structure that would parallel
the varying lot sizes. Therefore, the following maximum accessory structure areas are
proposed with the accompanying lot sizes:
Parcel Size Maximum Accessory Structure Area
Less than 1 acre 2,000 square feet attached and detached
1 acre to 2 1/2 acres 2,500 square feet attached and detached
41) 2.6 acres to 5 acres 3,000 square feet attached and detached
5.1 acres to 10 acres 3,500 square feet attached and detached
10.1 acres to 19.9 acres 4,500 square feet attached and detached
20 acres to 39.9 acres 6,000 square feet attached and detached
40 acres plus Unlimited
Planning Commission Recommendation
The Planning Commission recommended approval of the proposed ordinance for the
maximum accessory structure area based on the sliding scale outlined in the ordinance 95-
. Please refer to the Planning Commission report for additional information.
Recommendation
Staff recommends the Council consider ordinance No. 95- amending the maximum
accessory structure area in the R1A and Al zoning districts as outlined in the attached
ordinance.
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4
5.7. City of Elk River Request for Ordinance Amendment to Increase Maximum
1.*
Accessory Structure Area allowed in the A-1 and Rla Zoning Districts, Public
Hearing Case No. OA 95-16
11
Staff report by Steve Ach. The City of Elk River is requesting an ordinance
amendment to increase the maximum accessory structure area in the R-1 a
DOS' (Single Family Residential) and A-1 (Agricultural) zoning districts. This amendment
would establish a sliding scale for accessory structure area allowed, based upon
lot area. Staff has some concern that it may be difficult in the future to determine
if some of the larger structures are being use for the owners personal use, or if
some type of home occupation is being conducted. Steve offered an additional
step in the parcel sizes with a corresponding maximum accessory structure area.
Chair Kuester opened the public hearing.
Jerry Johnson, resident on Viking Boulevard, also speaking for Sharon Bauer,
questioned how the ordinance amendment would impact his plans to build an
accessory structure on his 10 acre hobby farm, and questioned the difference
between "attached" and "unattached" accessory structures. Steve Ach
- explained that it makes no difference whether the structures are attached or
unattached, and that the total amount will be considered. Steve noted that the
current ordinance allows up to 2,000 square feet of accessory structure area in
the R-1 a and 3,000 square ft. in the A-1 zoning district.
' Arne Engstrom,20800 Meadowvale Road, expressed his support for the proposed
ordinance amendment. He felt it was a fair way to deal with the various lot sizes
in the A-1 and Ria zoning districts, and allows the larger property owners to do
more with their property, as well. He expressed his agreement with staff's
recommendation for an addition step in the scale for accessory structure.
` '` uennis Kramer, 20789 Meadowvale Road, stated he was in support lof the
=t proposed ordinance amendment, and that it would allow him to construct the
4 ' accessory building he originally proposed.
posed.
,,,. .,,,, There being no further comments from the public, Chair Kuester closed the public
M;'° hearing.
f A'.
N.. ` Commissioner Kreger proposed several changes to the ordinance at this time.
COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND
API'WVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE
AMENDMENT, PUBLIC HEARING CASE NO. OA 95-16,WITH CHANGES TO THE
SLICING SCALE AS FOLLOWS:
PARCEL SIZE MAXIMUM ACCESSORY STRUCTURE AREA
1 ACRE OR LESS 2,000 SQ. FT. ATTACHED AND DETACHED
> 1 ACRE TO 2.5 ACRES 2,500 SQ. FT. ATTACHED AND DETACHED
>2.5 ACRES TO 5.0 ACRES 3,000 SQ. FT. ATTACHED AND DETACHED
>5.0 ACRES TO 10.0 ACRES 3,500 SQ. FT. ATTACHED AND DETACHED
> 10.0 ACRES TO 19.9 ACRES 4,500 SQ. FT. ATTACHED AND DETACHED
> 19.9 ACRES TO 39.9 ACRES 6,000 SQ. FT. ATTACHED AND DETACHED
40 ACRES AND OVER UNLIMITED
COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0.
ITEM No. 5.7
City of ��/
RiverM
• lk 1TO: Planning Commission
�
FROM: Gary Schmitz, Planning Assistant Cv
V
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 Ria (Single Family
Residential) and Al (Agricultural Conservation) zoning districts.
Attachments
Ordinance 95 -
Bach ;'round
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 Rla (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.
ExistinR 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
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 Rla 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
0) 2.6 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 may be 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
411/ buildings offer a cheaper incentive to locate in these residential areas versus
the proper industrial zoning designation. Care will need to taken by the city
s:plannin :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
• of these neighborhoods.
Recommendation
Staff recommends the Planning Commission consider the amendment as
proposed and offer modifications or concurrence with the proposed ordinance.
s:plannin :pc:oa95-16