4.3. PCSR 05-24-2022Request for Action
To Item Number
Planning Commission 4.3
Agenda Section Meeting Date Prepared by
Public Hearings May 24, 2022 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Ordinance Amendment – Section 30-793, Zack Carlton, Community Development Director
Accessory Buildings, Case No. OA 22-04
Reviewed by
Action Requested
Recommend, by motion, approval of the ordinance amendment.
Background/Discussion
Staff receives numerous calls from property owners that have 1+ acres of land within the Urban Service District
(USD) inquiring how much garage/shed space they can have and often are frustrated when they realize the size
limit applies to all properties less than 5 acres.
A one-acre parcel is allowed 1,200 sq.ft. but if that parcel were to be subdivided into three parcels (R-1c allows
11,000 sq.ft. lots) the allowed square footage for the same area would then be 3,600 sq.ft.
Staff recommends allowing 1+ acre parcels in the R-lb, R-lc, and R-ld zones to follow the one-acre limitation in
the R1-a district which would be 2,500 sq.ft.
Additionally, the table in Section 30-793 (c) should be removed as any remaining larger lots in the USD may be
subdivided. This prevents, for example, a 10-acre parcel building a 4,500 sq.ft. shop and then later subdividing the
10-acres into 11,000 – 14,000 sq.ft. parcels with one of them containing what would then be an out of scale, to the
development, legal non-conforming structure.
We also have residents within the USD that have 1+ acres and drive a tractor trailer for a living. The ordinance
limits tractor trailer parking in the R-1a district on parcels greater than five acres or with a CUP on lots less than
five acres in size. Further, the ordinance does not allow the parking of a truck tractor and/or trailer, in excess of
7,000 pounds gross weight, on public property (right-of-way) within an area zoned residential. The only option for
these residents is to park their tractor trailer in an accessory structure which needs approximately 800-1,000 sq.ft.
Staff is also recommending some “housekeeping” amendments.
During their work session on April 26, 2022, the Planning Commission was supportive of the proposed ordinance
amendment as it allowed property owners more opportunities to use their property.
Attachments
Ordinance
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
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Ordinance 22 - ____
An Ordinance Amending Chapter, Section 30-793, Accessory buildings of the City
of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § Section 30-793, Accessory buildings of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(a) Time of construction. 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.
(a)(b) All accessory structures greater than 200 square feet shall require a building permit
and comply with all applicable building codes. In any zoning district, all metal
finishes/coverings shall be factory pre-finished.
(b)(c) R-1a district. Restrictions on the number of agricultural accessory structures shall not
apply to parcels that are 40 acres or larger. The total area of attached garages and number of
detached accessory buildings shall not exceed the following:
R-1a Accessory Building Requirements
Parcel Size Max Accessory Number of
Structure Area Detached
Structures
less than 1 acre 2,000 sq. ft. attached and detached 2
1 acre to 2,500 sq. ft. attached and detached 2
< 2.5 acres
2.5 acres to 3,000 sq. ft. attached and detached 2
< 5 acres
5 acres to 4,000 sq. ft. attached and detached 4
< 10 acres
10 acres to 8,000 sq. ft. attached and detached 4
< 20 acres
20 acres to 16,000 sq. ft. attached and detached 4
< 40 acres
40 acres Not to exceed 2% of the lot area Unlimited
Last Updated January 2019
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(c)(d) Other R-1 districts. In the R-lb, R-lc, and R-ld zones, two detached accessory buildings
are allowed per single-family parcel. Also, on lots less than five one acres, the total area of
attached garages and accessory buildings shall not exceed 1,200 square feet. On lots fiveone
acres and larger, the total area of attached garages and accessory buildings shall not exceed
2,500 sq.ft.the following scale:
Parcel Size Maximum Accessory
Structure Area
5 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 or more Unlimited
(d)(e) Attached accessory buildings; separation between accessory building and main building. 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 article applicable
to the main buildings. An accessory building, unless attached to and made a part of the main
building, shall not be closer than five feet to the main building.
(e)(f) All accessory structures, whether a building permit is required or not, shall comply
with the required minimum setbacks and shall be anchored to the ground in compliance with
all applicable building codes. Accessory structures are permitted in any zone and may be
finished with metal panels, wood, vinyl lap siding, metal siding, and/or masonry. Canvas,
fabric or plastic covered structures and prefabricated molded plastic storage containers less
than 120 square feet in floor area are permitted as an accessory structure in any residential
zoning district.
(g) On lots less than 2½ acres in the R-1b, R-1c, R-1d, R-1e and residential PUD districts,
detached accessory structures greater than 120 200 square feet may be finished with wood,
vinyl lap siding, metal siding, and/or masonry. In the A-1 and R-1a districts, and on lots
greater than 2½ acres in the R-1b, R-1c, R-1d, R1e and residential PUD districts, accessory
structures may be finished with metal panels, wood, vinyl lap siding, metal siding, and/or
masonry.
(f)(h) Canvas, fabric or plastic covered structures and prefabricated molded plastic storage
containers less than 120 square feet in floor area are permitted as an accessory structure in
any residential zoning district. Accessory structures exceeding 120 square feet in floor area,
in any zoning district, may not be finished with canvas, fabric and/or plastic membranes
with the following exception:
In the R1a and A1 districts, engineered fabric accessory structures shall be allowed provided
the following conditions are met:
i. The parcel is ten acres or greater.
ii. The applicant shall obtain a building permit and the structure shall meet the wind
and snow load requirements of the building code.
Last Updated January 2019
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iii. The structure will be considered permanent and shall be included in the maximum
number of detached structures and total square footage of accessory structure
calculation.
iv. The structure shall meet the required accessory structure setbacks for the zoning
district and shall be no closer than 250 feet from a residential structure on any
adjacent lot.
v. The structure shall be removed if the parcel is subdivided into lots smaller than five
acres in area.
With the exception of the A-1 district, galvanized corrugated panels shall not be allowed. Metal
panels shall be allowed as a roofing material on any accessory structure.
(g) All accessory structures greater than 200 square feet shall require a building permit and
comply with all applicable building codes. In any zoning district, all metal finishes/coverings
shall be factory pre-finished.
(h)(g) Temporary tent structures of any size will be allowed for, but not limited to, family
gatherings, weddings and special occasions/events. Temporary accessory structures shall not
be erected for more than four consecutive days and shall not be erected again for a period of
three days thereafter. Temporary tent structures shall comply with the required minimum
setbacks and shall be anchored to the ground in compliance with all applicable building
codes. For events requiring more than four days, a general planning permit shall be required.
(i)(h) In all single-family residential zoning districts, a minimum 20-foot × 22-foot single
garage shall be constructed with a minimum of 440 square feet in area.
(Code 1982, § 900.20(3); Ord. No. 02-18, § 2, 12-16-2002; Ord. No. 04-21, § 1, 12-20-2004; Ord.
No. 05-16, § 1, 7-18-2005; Ord. No. 15-14, § 1, 5-18-2015; Ord. No. 15-19, § 1, 7-20-2015)
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 28th day of June, 2022.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated January 2019