6.10. SR 12-16-2002TO:
FROM:
DATE:
SUBJECT:
Item #6. I 0.
MEMORANDUM
Mayor and City Council
Chris Leeseberg, Planner
December 16, 2002
Case No. OA 02-06
Request by City of Elk River to Amend Section 900.20 of the
Zoning Code relating to Accessory Structures
Request
The City Council is asked to approve an amendment to the Accessory Structure portion of
the Ordinance.
Attachments
· Existing Ordinance Language
· Images of canvas accessory structures
· Proposed Amendment
· Chart
· Ordinance No. 02-
Overview
This amendment request has two parts. First, the current ordinance uses the terminology
"metal construction/exterior" pertaining to building finishes. This was in reaction to
galvanized corrugated metal building systems and how that system was not desired. With
the advent of pre-finished metal pole shed construction and metal lap siding, staff feels that
this terminology needs to be further clarified.
Second, staff has received a complaint from a resident that his neighbor's canvas accessory
structure had blow into his yard. After this complaint was brought to the attention of staff,
staff began to analyze how these structures could be allowed and regulated or even if they
should be allowed. They are used as protection for boats and vehicles from the winter
elements.
Memo to Mayor and City Council
December 16, 2002
Page 2
Analysis
The current ordinance uses the terminology "metal construction/exterior" pertaining to
exterior building finishes. Staff has included two new definitions related to metal finishes on
accessory buildings. This is to help clarify the difference between typical metal pole barn
construction versus metal lap siding which is typical on many residential homes. The
purpose is to separate out the two types of metal construction finishes and to clarify what
will be acceptable metal exterior products by zoning district.
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Upon reviewing the current ordinance and the building code, it was found that the currently
available canvas structures cannot meet the wind and snow loads required by the building
code. Staff called seven different commercial businesses in Elk River and surrounding
communities to see if they carry this type of product and if they met any wind or snow loads.
Only two businesses carried them and neither had products that met the required loads.
Currently accessory structures that are less than 120 square feet do not require a building
permit. Once a structure exceeds this square footage, it requires a building permit and it
must meet all applicable building codes. The average size of the canvas accessory structures
was found to be about 200 square feet, which would place them in a category to require a
permit and meet all applicable building codes.
According to Appendix Chapter 31 of the Uniform Building Code, membrane structures
erected less than 180 days shall comply with applicable provisions of the Fire Code. This
states that if it is a temporary structure, it must still meet fire code, which the locally available
structures do not appear to do so.
Planning Commission Actions
The Planning Commission briefly discussed the issues pertaining to the metal exterior
finishes and was in favor of the language and definitions. One member questioned whether
or not larger plastic formed (Rubbermaid type) storage bins would be allowed. Staff stated
they would look into this type of product.
The Planning Commission recommended approval of the language pertaining to metal
exterior finishes.
There was considerable discussion about how and if canvas covered accessory structures
should be allowed. After discussion about safety, aesthetics, lot sizes, temporary uses, noise
and city staff limitations of monitoring them, the Planning Commission agreed that canvas
accessory structures should not be allowed at all.
The main reason for not allowing them was safety. If they cannot function as a building,
they should not be allowed. One commissioner stated that a temporary structure for only a
S:'~PLANNING\Case Files\OA 02-06 Accessory Stmctures\OA 02-06_CC.DOC
Memo to Mayor and City Council
December 16, 2002
Page 3
set amount o£ time is just a dangerous as a structure up £or 365 days. It was also stated that
safety should be considered regardless o£ lot size.
Another substantial issue discussed was the fact that it would be very difficult for city staff to
keep track of and monitor these structures on a temporary basis.
The aesthetics of these structures was agreed to be quite undesirable and that the life
expectancy of the structure will be short and it will quickly deteriorate.
At the public hearing, there was a resident that spoke of his disapproval of these types of
structures based on their poor aesthetic appeal, noise and safety concerns.
The Planning Commission recommended that the City Council approve the language as
written for the exterior metal finishes and directed staff to compose language that would not
allow canvas type accessory structures.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the
amendment to Section 900.20 of the Zoning Code relating to Accessory Structures.
S:\PLANNING\Case Files\OA 02-06 Accessory Structures\OA 02-06_CC.DOC
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
Less than t acre
1 acre to < 2.5 acres
2.5 acres to < 5 acres
5 acres to < 10 acres
10 acres to < 20 acres
20 acres to < 40 acres
40 acres or more
MAXIMUM ACCESSORY STRUCTURE AREA
2 000 sq. ft
2 500 sq. ft
3 000 sq. ft
3 500 sq. ft
4 500 sq. ft
6 000 sq. ft
Unlimited
attached and detached
attached and detached
attached and detached
attached and detached
attached and detached
attached and detached
C. in the R-lb, R-lc, R-Id, and R-le zones two (2) detached
accessory buildings are allowed per single family, parcel.
Also, on lots less than five (5) acres, the total area of
attached garages and accessory buildings shall not exceed
1,200 square feet. On lots five (5) acres and larger, the
total area of attached garages and accessory buildings shall
not exceed the following scale:
PARCEL SIZE
5 acres to < 10 acres
10 acres to < 20 acres
20 acres to < 40 acres
40 acres or more
MAXIMUM ACCESSORY STRUCTURE AREA
3,500 sq. ft. attached and detached
4,500 sq. ft. attached and detached
6,000 sq. ft. attached and detached
Unlimited
D. 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.
E. 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.
F. On lots less than five (5) acres, no metal
construction/exterior accessory building will be allowed in
the Rlb, Rlc, Rld, or Rle districts. In the Rla and A-1
districts, and on lots five (5) acres or greater in the Rlb,
Rlc, Rld and Rle districts, metal construction/exterior
accessory buildings shall be constructed with painted metal
which is compatible with the existing home.
G. In all single family residential zoning districts, a
minimum twenty feet by twenty-two feet (20' x 22') single
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