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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. Caraus S~ 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 9.84