7.9. SR 03-21-1994
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AGENDA ITEM 7.9.
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM:
GARY SCHMITZ
PLANNING ASSISTANT
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DATE:
MARCH 21, 1994
SUBJECT: CODE AMENDMENTS FOR
ACCESSORY STRUCTUREI
PUBLIC HEARING
CASE NO. OA-94-
ISSUE
Consider request by the City of Elk River to amend section 900.20, 900.12,
and section 900.08 of the Elk River City Code related to accessory structures.
e ATTACHMENTS
Ordinance 94-_
Copy of February 22, 1994, and January 25, 1994, Planning Commission
memos.
ANALYSIS
Staff is proposing several modifications to the standards relating to accessory
structures. Throughout the past year, the City processed several conditional
use permits applications for accessory structures that exceeded City
standards. The number of requests for large accesory buildings (as well as a
lack of standards by which to gauge each request) led to several proposed
changes. The major changes were identified in the attached memos to the
Planning Commission.
SUMMARY OF MAJOR CHANGES
1.
The proposed ordinance combines the size of attached garages as well
as detached accessory structures in computing the maximum size.
Currently there is no minimum size standard for attached garages.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Accessory Structures, OA
March 21, 1994
Page 2
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2.
The proposed ordinance offers several changes to the size limitations in
all districts. The proposed ordinance also 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 standard.
3. The proposed ordinance does not distinguish between agricultural
accessory structures and non-agricultural accessory structures.
4. The proposed ordinance would no longer allow metal skin accessory
structures in the RIB, RIC, RID, and RIE zoning districts as a
conditional use.
5. Metal skin buildings in the Al and RIA zoning districts will be
allowed on all parcels without requiring a 300 foot setback from
neighboring homes. Accessory buildings containing livestock will still
need to meet the 300 foot setback. Metal skin accessory structures
must be painted to be compatible with the existing home.
PLANNING COMMISSION RECOMMENDATION
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The Planning Commission unanimously recommended approval of the code
amendments. There were very few comments from the public on these
particular changes.
RECOMMENDATION
It is recommended the City Council approve the code amendment as
presented in the attached ordinance.
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ccaccess.doc
ORDINANCE 94 -
CITY OF ELK RIVER
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AN ORDINANCE AMENDING SECTIONS 900.20,
900.12, AND 900.18 OF THE CITY OF ELK RIVER CODE
OF ORDINANCE 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 is hereby
amended to read as follows:
3. Accessorv 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-I zone two (2) detached accessory buildings are allowed per single family
parcel. The total area of attached garages and accessory buildings shall not exceed
3,000 square feet. Restrictions on agricultural accessory structures shall not apply to
parcels that are 40 acres or larger.
c. In the R-lA zone, two (2) detached accessory buildings are allowed per single
family parcel. The total area of attached garages and accessory buildings shall not
exceed 2,000 square feet.
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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 respect with the
requirements of this ordinance 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 (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 required minimum
setbacks and that the structures be anchored to the ground.
g. No metal construction/exterior accessory building will be allowed in the R-lb, R-
lc, R-ld, or R-le zoned areas. In the R-lA and A-I zoned areas, metal
construction/exterior accessory buildings shall be constructed with painted metal
which is compatible with the existing home.
h. Garage stalls must be a minimum often (10) feet in width.
Section 2. Section 900.20 of the City of Elk River Code of Ordinances is hereby
amended to add a new Section 900.20 (14) as follows:
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14. Temporarv Structures/Residences
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The use of anyone (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.
1. 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 principal
income from the farm operations.
111. 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.
Section 3. Section 900.12 of the City of Elk River Code of Ordinances is hereby
amended to delete the following sections:
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Section 900.12 (4) (c) xvi
Section 900.12 (4) (c) xvii
Section 900.12 (4) (c) xviii
Section 900.12 (4) (c) xix
Section 900.12 (5) (c) x
Section 900.12 (5) (c) xi
Section 900.12 (5) (c) xii
Section 900.12 (5) (c) xiii
Section 4. Section 900.18 (2) of the City of Elk River Code of Ordinances is hereby
amended to read shown on the attached Exhibit A to this ordinance:
PASSED AND ADOPTED by the Elk River City Council this _ day of March,
1994.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
oaaccess.doc
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2. Accessory Use Setbacks Accessory structures shall comply with the following
dimensional regulation:
Front Side Rear Max.
District Setback Setback Setback Height Fences Ag.Bldg.
------------------------------------------------------------------------------------------------------
A-I 50' 25' 50' 22' (1 ) 0'(3) 300'
R-1a 35' 20' 30' 22' (1 ) 0' (3) 300'
R-1b
Non-sewered 35' 10' 20' 15'(1) 0'
Sewered 35' 5' 5' 15'(1) 0'
R-lc 30' 5' 5' 15'(1) 0'
R-1d 35' 5' 5' 15'(1) 0'
R-1e 35' 10' 10' 15'(1) 0'
R-2a
e Duplex 30' 5' 5' 15'(1) 0'
R-2b
Townhouse 30' 10' 10' 15'(1) 0'
R-3
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-I 30' 10' 10' 40' 0'
1-2 30' 10' 10' 60' 0'
Swimming (4) 8' 8' 0'
e Pools
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(1) A maximum of one story is permitted.
(2) The keeping of livestock (fences) is prohibited within two hundred (200) feet of an
adjacent dwelling.
(3) 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.
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codeacc.doc
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ITEM 10
MEMORANDUM
rt(J 1ft Jr
River
TO:
PLANNING COMMISSION
GARY SCHMITZ, PLANNING ASST. G,~
FEBRUARY 22, 1994
FROM:
DATE:
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 900.08 of the City Code related to accessory structures.
ATTACHMENTS
.
Ordinance 94 - -' Copy of January 25,1994, Planning Commission memo.
BACKGROUND
At the January 25, 1994, Planning Commission meeting, several draft
ordinance amendments relating to accessory structures were presented to the
Commission. The Commission proposed several changes to the drafts
allowing more flexibility in terms of size and to consider the possibility of
architectural standards on metal skin buildings. Please refer to the attached
memo from the January 25, 1994, Planning Commission meeting which
explains the ordinance amendments in detail. The following is a summary of
the changes the Planning Commission requested. These changes have been
incorporated into the proposed ordinance.
1. In the Al zoning district, the total size of detached accessory buildings
and attached garages was increased from 2,500 square feet to 3,000
square feet.
2.
In the RIA zoning district, the total area of detached accessory
buildings and attached garages was increased from 1,500 square feet
to 2,000 square feet. Most of the requests in the RIA zoning district
for general storage buildings, were between 1,200 and 1,400 square
feet. By increasing the standard to 2,000 square feet, it should
considerably reduce the requests to exceed maximum standards.
.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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Code Amendments, Accessory Structures
February 22, 1994
Page 2
3.
At the last Planning Commission meeting, the Commission requested
that the 300 foot setback for metal skin buildings be removed in the
RIA zoning district. It was determined that architectural standards
could dictate the quality of these structures, therefore, the 300 foot
setback would be unnecessary. Please keep in mind that accessory
structures containing livestock will still need to meet the 300 foot
setback requirement from any neighboring dwelling.
4.
City staff proposed that metal skin buildings be restricted in the RIA
and Al zoning districts to parcels larger than three acres. It was the
consensus of the Planning Commission that architectural standards of
metal skin buildings have increased considerably over the past ten
years and would like to see the City relax some of the restrictions on
these types of structures. The Commission proposed to allow metal
skin buildings on all lots in the RIA and Al zoning districts and
regulate the buildings by architectural standards. The Commission
directed staff to incorporate architectural standards into the proposed
ordinance.
Staff researched this idea by talking with several metal skin accessory
structure companies (i.e., Morton, Lester, and Structural Building) to
get their ideas on the City's ordinance. All the representatives felt it
would be difficult to impose technical standards such as gauge of
metal, truss design, and style because of the extremely wide variety of
construction standards. Taste is also very difficult to regulate and
enforce because it is subjective. Certain architectural standards (such
as a brick decorative wainscot or a concrete floor) may work for some
people but not for others. Staff feels comfortable requiring that any
metal skin building must be painted to be compatible with the existing
home. Please refer to Section 900.20 (3)(6) of the proposed ordinance
for the specific language. Other issues such as fading, rusting,
concrete floor, etc., could also be incorporated into the ordinance, but
would be difficult to regulate.
Most of the metal skin buildings constructed today are of a decent
quality. What the City hopes to avoid is the unpainted, galvanized
metal building. Requiring painted metal that is compatible with the
existing home should alleviate most of the concern. Adding
requirements beyond this may infringe on individual preferences and
would be difficult to enforce.
"'
Code Amendments, Accessory Structures
February 22, 1994
Page 3
--------------------------------------------------
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RECOMMENDATION
Staff recommends the Planning Commission move to approve the code
amendments as presented in the attached ordinance.
.
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ORDINANCE 94 -
CITY OF ELK RIVER
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AN ORDINANCE AMENDING SECTIONS 900.20,
900.12, AND 900.18 OF THE CITY OF ELK RIVER CODE
OF ORDINANCE 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. Accessorv Building-s
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-I zone two (2) detached accessory buildings are allowed per single family
parcel. The total area of attached garages and accessory buildings shall not exceed
3,000 square feet. Restrictions on agricultural accessory structures shall not apply to
parcels that are 40 acres or larger.
c. In the R-IA zone, two (2) detached accessory buildings are allowed per single
family parcel. The total area of attached garages and accessory buildings shall not
exceed 2,000 square feet.
.
d. in the R-Ib, R-Ic, R~ld, and R-Ie 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 respect with the
requirements of this ordinance 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 (5) feet to the main building.
f. Portable utility structures not exceeding one hundred twenty (12) 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 required minimum
setbacks and that the structures be anchored to the ground.
g. No metal construction/exterior accessory building will be allowed in the R-Ib, R-
lc, R-Id, or R-Ie zoned areas. In the R-IA and A-I zoned areas, metal
construction/exterior accessory buildings shall be constructed with painted metal
which is compatible with the existing home.
h. 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)(1) is renumbered to Section 900./20 (14)(a) titled "Temporary
Structure/Residences"
(2) Section 900.20 (3\1:\ is deleted
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Section 3. Section 900.12 of the Elk River Code of Ordinances is hereby amended as
follows:
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(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) XL" 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 Ordinance titled "Schedule
of Dimensional Regulations" is hereby amended to read as follows:
2. Accessorv Use Setbacks. Accessory structures shall comply with the following
dimensional regulations:
See Attached
.
PASSED AND ADOPTED by the Elk River City Council this _ day of March,
1994.
Henry A. Duitsman, Mayor
41
ATTEST:
Sandra A. Thackeray, City Clerk
.
)
.
2. Accesso:::-v Use Setbacks. Accesso:::-y
following dimensional regulations:
st:::-uc~u:::-es shall comply with the
----------------------------------------------------------------------------
District
F:::-ont
Setback
A-l 50'
R-la 35'
R-lb
Non-Sewered 35'
Sewered 35'
R-lc 30'
R-ld 35'
R-le .35'
R-2a
Duplex 30'
R-2b
Townhouse 30'
. R-3
Townhouse' & 30'
Other Multi-family
R-4
Townhouse & 30'
Other Multi-family
C-1
C-2 15'
C-3 25'
I-1 30'
I-2 30'
Sw~~ing Pools (4)
Side
Setback
Rear
Setback
Max.
Height
Fences
Ag. Bldg.
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25' 50' 22'(1) 0' (3) 300'ffl
20' 30' 22'(1) 0' (3) 300'~
10' 20' 15'(1) 0'
5' 5' 15 I (1) 0'
5' 5 ' 15' (1) 0'
5 ' 5 ' 15' (1) 0'
10' 10' 15 ' (1) 0'
5' 5' 15' (1) 0'
10' 10' 15 ' (1) 0'
1q' 10' 15' (1) 0'
10'
No Limits
10'
10'
10'
10'
8'
10'
15 ' (1) 0'
45' 0'
45' 0'
35' 0'
40' 0'
60' 0'
0'
la'
10'
10'
la'
8'
(1) A maximum of one story is permitted.
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ITEM 8
TO:
PLANNING COMMISSION
GARY SCHMITZ, PLANNING ASSISTANTG;t~
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FROM:
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.
. 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
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Accessory Struct~_es
January 25, 1994
Page 2
3) The proposed ordinance eliminates the conditional use permit
process as a means of exceeding maximum size and number
reauirements of accessory structures. Instead, applicants will
ne~d 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, Rlc, RId, 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
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 RIa 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.
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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 Buildinqs
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-I zone two (2) detached accessory buildings
are allowed per single family parcel. The total area of
attached garages and accessory buildings shall not exceed
2,500 square feet,. Restrictions on agricultural accessory
structures shall not apply to parcels that are 40 acres or
larger.
c. In the R-IA 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-Ib, R-lc, R-Id 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
required minimum setbacks and that the structures be
anchored to the ground.
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g. No metal construction/exterior accessory building
will be allowed in R-lb, R-lc, R-ld, and R-le zoned
areas. In the R-lA and A-I zoned areas, no metal
construction/exterior accessory buildings will be allowed
on parcels less than three (3) acres in size.
h. In the R-IA 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.
ATTEST:
Henry A. Duitsman, Mayor
e Sandra A. Thackeray, City Clerk
2. Accesso~v Use Setbacks. AcCesso~y structu~es shall comply with the
following dimensional regulations:
----------------------------------------------------------------------------
)
.
District
F::ont
Setback
A-I 50'
R-Ia 35'
R-Ib
Non-Sewered 35'
Sewered 35'
R-1c 30'
R-1d 35'
R-Ie ,35 '
R-2a
Duplex 30'
R-2b
Townhouse 30'
j R-3
Townhouse' & 30'
Other MUlti-family
R-4
Townhouse & 30'
Other Multi-family
C-I
C-2 15'
C-3 25'
I-1 30'
I-2 30'
Swimluing Pools (4 )
Side
Setback
Rea::
Setback
Max.
Height
Fences
Ag. Bldg.
H. E:Jl.:.n
25' 50' 22' (1) 0' (3) 300'trt
20' 30' 22'(1) 0' (3) 300'-R+
la' 20' 15' (1) A'
5' 5' 15 ' (1) A'
5' 5 ' 15 ' (1) A'
5 ' 5' 15'(1) A'
la' la' 15' (1) A'
5' 5' 15' (1) 0'
la' la' 15' (1) A'
1Q' la' 15 ' (1) 0'
la'
15' (1) A'
45' A'
45' A'
35' A'
40' A'
60' 0'
0'
la'
No Limits
la'
la'
la'
la'
8'
la'
la'
la'
10'
8'
(1) A maximum of one story is permitted.
(2) ~ccc=GO_Y 6t_uctu=e~ ~~ei fo_
~'"':~...._.''"'.... i:/e).....o-io-~ E~;" 1 ~e co....
.::0.... fr'"'r-- a~:' "1.eig.,~o-ing -es; den'"'", ,..,_
ag=:c~:t~~c~ p~=~eo~o or c: metal
~.cJ: a :::...-:' m"!':1 c: -:::1roo l:o''::1Grc~ f;;GG)
:"<;........;.d ;;<-e?, ":-loc~ \.i.....,I"j a :-l:''::-::oQ
:.=c.:. 3. oon~ition:;.l ucc pormi':: ::0= -::hs a,""cer;;sor:: s:....-.Jc....'J-l? ; <;; -::;-<>"....ed "''';~h
tpos.:.::icc di:::o=cnt cctBa~]: d':'Gt~:1cCC or~ndi-::ionc, in \lh_~i~h;~C~Gc......t3c
~=:1ci-::icn3.1 ~SQ =Q~~i=cmcn':: chall SU?S-EOQS ....he -8~1;-~~Q:1~~ o~ :A.D .ec O~.
.
9.43
(2)~ The keepi~g 0: livestock (fe~ces) is p~ohibited within two hund~ed
(200) feet of an adjacent dwelling.
(~ Swi~~ing pools shall be setback a minimum of eight (8) feet from the
side yard and r~ar 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.
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9.44
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COMMUNITY
1 )
OTSEGO
2 )
Rl>.MSEY
3)
HAM LAKE
4 )
ANDOVER
Ace. SORY BUILDING SU~YiliRY
ACCESSORY BUILDING SIZE
LOT SIZE
1,000 Sq ft
1,000-1,500 Sq ft*
1,500 Sq ft and larger **
-ANY
-ANY
-ANY
* Administrative Permit
** Only through C.U.P.
-Pole Buildings only allowed in A-1 & A-2
through a C.U.P.
624 Sq ft
800 Sq ft
1,200 Sq ft
1,600 Sq ft
1,600 Sq ft
2.000 Sq ft
2,400 Sq ft
2,400 Sq ft
2,800 Sq ft
3,200 Sq ft
4,000 Sq ft
4,400 Sq ft
4,800 Sq ft
1 acre or less
1 to 2.5 acres
2.5 acres
2.6 acres
3.0 acres
3.5 acres
3.6 acres
5.0 acres
5.6 acres
6.6 acres
8.6 acres
9.6 acres
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.
676 Sq ft
800 Sq ft
1,200 Sq ft
-Discretionary with
Council approval
Under 2.5 acres
2.5 to 5 acres
5 to 10 acres
10+ acres
* 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. .
75% of the land cover of
the principal structure
Less than 1
acre
Shall not exceed the total
Sq ft of land cover of the
principal building.
1 to 5 acres
* No pole buildings on parcels 3 acres in
size or less.
5)
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8)
9 )
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LINO LAKES
6 )
BROOKLYN
PARK
7)
l'offiPLE GROVE
LAKEVILLE
BLAINE
Total detached & attached
880 Sq ft
Total detached & attached
960 Sq ft
800 Sq ft
1,000 Sq ft
1,600 Sq ft
2,400 Sq ft
No Max
..-......-.'-.-
Less than
32,671 Sq ft
32,671/1-1/4
acres
1-1/4 to 2-1/2
acres
2-1/2 to 5 acre
5 to 10 acres
10 to 20 acres
20+ acres
* For lots less than five acres, building
materials must match the existing home.
Home and accessory
structures cannot
exceed 25% of lot.
Residential lot
* Metal skin buildings are not allowed
except for accessory buildings used for
farming with an interm use permit.
Total detached & attached
700 Sq ft
Total detached & attached
1,254 Sq it
Total detached & attached
2,150 Sq it
No limits
Total detached & attached
788 Sq it
Total detached & attached
1,100 Sq ft
Total detached & attached
1,500 Sq ft
Total detached & attached
2,000 Sq ft
Total detached & attached
13,068 Sq ft
10,000 Sq ft
10,000-20,000
Sq ft
10 acres
20+ acres
9,375 Sq ft
11,000 Sq ft
15,000 Sq ft
20,000 Sq ft
10+ acres
* The same or similar quality exterior
building material shall be used in the
accessory building and the principal
building.
Total detached & attached
1,200 sq ft
2,000 sq ft
10,000 sq ft
10 acres
* Metal skin building can only be constructed
for agricultural purposes.
.
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93-09
93-24
93-26
93-27
93-28
93-30
93-31
93-33
93-34
93-40
1993 CONDITIONAL USE PERMIT ACCESSORY BUILDING S~~.RY
Ed Stevens
21216 Vernon Street
Zoning: A1
william Palmer
11712-200 Avenue
zoning: R1a
David Gow
20493 Meadowvale Rd
Zoning: R1a
Glen Ertel
19075 Twin Lake Rd
Zoning: R1a
Donald Robideau
10654-201 Circle
Zoning: R1a
Vernon Dra:xler
13416 Islandview Dr
zoning: R1b
Michael Larson
12869 Ranch Road
Zoning: A1
Bart Boese
20337 Auburn Street
Zoning: R1a
Richard Peterson
11763-201 Avenue
Zoning: R1a
Steve LaTour
11063-207 Avenue
Zoning: A1
"In Progress"
- 1,400 sq. ft. metal skin
- storage
- 2 1/1 acre +, platted
- * Setback - 175' from neighbor
- 1,408 sq. ft. garage
- Storage
- 2 acres+, platted
- 2,000 sq. ft. metal skin
- Agricultural
- 20 acres, platted
- 2,280 sq.
- Storage
- 4.58 acres
.co.
.. ... .
metal skin
- 960 sq. ft. metal skin
- storage
1.58 acres, platted
- setback - 133' from neighbor
- 1,176 sq. ft. garage
- Storage
- 1 acre +
1,440 sq. ft. metal skin
- storage
- 3.8 acres
- * Setback - 250' from neighbor
- 1,380 sq. ft. metal skin
- storage
- 2 1/2 acres +, platted
- 3,190 sq. ft. metal skin
- Agricultural
27 acres
- 768 sq. ft. metal skin
- Agricultural
- 5 acres
- * Setback - 200' from neighbor
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EXISTING ORDINANCE
Al
1,400 sq ft combined total
detached non agricultural
1,000 sq ft max. size individual
non agricultural acc. structure
2,000 sq ft max. size individual
agricultural acc. structure
2 detached accessory structures,
maximum
R1a
1,400 sq ft combined total detached
non agricultural
1,000 sq ft max. size individual
non agricultural acc. structure
2,000 sq ft max. size individual
agricultural acc. structure
R1b, R1c, R1d, R1e
1,000 sq ft combined total detached
2 detached accessory structures,
maximum
*PROPOSED ORDINANCE
2,500 sq ft total
(attached and detached)
2 detached accessory
structures, maximum
1,500 sq ft total
(attached and detached)
2 detached accessory
structures, maximum
1,200 sq ft total
(attached and detached)
2 detached accessory
structures, maximum
*The proposed ordinance does not distinguish between
agricultural and non agricultural accessory structures.
~XISTING CITY CO"E
900.20 - GENERAL REGULATIONS
.
1. ScoDe of Reau1ations
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 PrinciDal Structures Per Lot. Except in
agricultural (A-I), 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 I} 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.
Accessorv BUildinqs
.
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
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b. In the A-I 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
pro~ided 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 co~ditional 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-Ib, R-1c, R-Id 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-Ia 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-I and R-Ia 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
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.
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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-Ib, R-1c, R-1d, and R-1e 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 anyone (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. Heiqht Recrulations.
a. Where the average slope of a lot is greater than one
(1) foot rise or fall in seven (7) feet of horizontal
distance from the established street elevation at the
property line, one story in addition to the number
9.47