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HomeMy WebLinkAbout20070319 - VIII-B-1VIII-B-1 Memo To: Mayor Hicks and Council Members From: John Hinzman, Planning Director Date: March 19, 2007 Subject: Amend Chapter 10, Section 10.05, Subdivision 2A Accessory Building and Structure Requirements -Relating to portable carport Structures. REQUEST The City Council is asked to adopt the attached amendment to City Code Chapter 10.05 relating to portable carports. The following changes have been made since the last meeting: • Tarps and tents erected for up to one week are not considered carports • Carports shall not be considered as an approved shelter, cover or screening for miscellaneous materials and equipment. All structures used solely as a carport on the effective date of this ordinance shall be allowed to continue as a nonconforming structure as allowed by city code and state statute. This does not preclude them from meeting other code requirements including material, appearance, and storage provisions. Portable carport structures are not currently regulated under the building or zoning code. The Planning Committee of the City Council discussed the issue and directed staff to work with the Planning Commission to develop administrative regulations. ATTACHMENTS • Ordinance Amendment • City Council Minutes -February 5, 2007 • Planning Commission Minutes -December 11, 2006 BACKGROUND February 5, 2007 City Council -Public Hearing Public hearing held, no one spoke for or against the changes. City Council gave direction on appearance standards and enforcement of existing car ports. Please see attached minutes for further information. January 16, 2007 City Council -Order Public Hearing January 8, 2007 Planning Commission -Public Hearing Planning Commission held a public hearing and recommended approval with limited changes. December 11, 2006 Planning Commission -Public Hearing Planning Commission held a public hearing and discussed the enforcement and definitions of the proposal (see attached minutes). The Commission voted to table action and direct changes from staff. September 25, 2006 Planning Commission Planning Commission discussed aspects of a car port ordinance. No formal action taken. ORDINANCE NO. ,SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 10 OF THE HASTINGS CITY CODE PERTAINING TO: ACCESSORY BUILDING AND STRUCTURE REQUIREMENTS BE IT ORDAINED by the City Council of the City of Hastings as follows: Chapter 10 of the Hastings City Code is hereby amended as follows: SECTION 10.05 Application of District Regulations SUBD. 2A. Accessory Building and Structure Requirements. Accessory Buildings and Structures shall meet the following requirements: A. No accessory building shall be erected in any required front or side yard fronting a public street or right of way. B. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. C. Accessory structures, except fences meeting the requirements of Sec. 10.05 Subd. 4, shall not be placed in any easements. D. All accessory structures, except fences, shall meet the setbacks listed in Table 1. E. All accessory structures shall be setback at least six feet from all other structures. F. At grade accessory structures such as basketball courts, patios, dog kennels shall meet the accessory structures setbacks listed in Table 1. These accessory structures are not included in the total allowable square footage allowed, as long as the total impervious surface of the lot does not exceed 35% for the rear yard. The rear yard shall be measured from the rear building line to the rear lot line. G. Accessory structures shall have weather resistive exterior finishes that are durable and architecturally compatible with and similar in design, color, and material to the principle structure. H. The sidewall height of accessory structures shall be limited to ten feet, unless architectural elements are incorporated such as exterior materials change or building offset to reduce the massiveness and starkness of the wall. I. The height of any accessory structure shall not be taller than the primary structure. J. Accessory structures 120 square feet or less and portable car ports shall require a zoning permit. Structures over 120 square feet require a building permit. K. The following Table (Table 1) shall determine the number, size and setbacks of accessory structures. In addition to the accessory structures listed in Table 1, swimming pools meeting the requirements of Chapter 4 Sec. 4.15 Accessory Structures Subd. 2 Swimming pools are permitted. L. Portable carport - anon-permanent structure designed as a shelter for motor vehicles, boats, etc. Such structure shall not be permanently affixed to a foundation. Temporary tarps, tents, and the like erected for periods not to exceed one week are not considered portable carports. a) Portable carports must remain open on 4 sides, with no sidewalls. b) Portable carports must be anchored in such a manner as to prevent wind uplift. c) Portable carports may not be permanently anchored to concrete slabs or footings or otherwise anchored in a manner that would impede easy removal and portabilitLr. d) All anchoring systems must be inspected and approved by the City Building Inspector. e) Portable carports are allowed in the rear and side yards, not in the front yard. f) Portable carports must be setback six feet from the home and three feet from the garage. g) The sidewall height of a carport shall be limited to ten feet. h) Carports shall not be considered as an approved shelter, cover or screening for miscellaneous materials and equipment. i) A zoning permit will be required before installation of a portable car port. j) Pre-existing Portable Carports. All structures used solely as a carport on the effective date of this ordinance shall be allowed to continue as a nonconforming structure as allowed by city code and state statute; however pre-existing carports must adhere to all provisions of the Citv Code including but not limited to materials and appearance standards. Table 1 Accessory Building/Structure Number, Setbacks Size, and Setback Standards Maximum Property Number of Foundation Side Corner Rear Zonin Structures Size Side - a A R-1, R-2, R-3, R-4, R-5 1 1,000 sq. ft. 5 10 5 with attached ara e - b R-1, R-2, R-3, R-4, R-5 2 Combined total 5 10 5 without attached ara a 1,000 s . ft. R-6 1 1,000 s. ft. 5 10 5 Multi-Family Site Site Commercial/ Plan Plan Office Districts Review Review Site Plan Site Plan Industrial Districts Review Review a. Garages shall be setback 20 feet from the right of way. b. Residential properties with an attached garage are also permitted an accessory storage structure under 120 square feet in size. Source: Ordinance No. 462, 541, 553 Date: September 17, 2001, October 17, 2005, May 18, 2006 ALL OTHER SECTIONS SHALL REMAIN UNCHANGED ADOPTED by the Hastings City Council on this 19th day of February, 2007. Paul J. Hicks, Mayor ATTEST: Melanie Mesko Lee, City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19th day of February, 2007, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk This instrument drafted by: City of Hastings (KSB) 101 4th St. East Hastings, MN 55033 ( SEAL) Hastings, Minnesota City Council Minutes February S, 2ee~ Public Hearing-City Code Amendment #2006-59: Portable Carports Mayor Hicks opened the public hearing at 7:15 p.m. Planning Director Hinzman stated that the Council is requested to hold the public hearing and provide staff direction, but not formally approve at this meeting. Hinzman requested clarification on how existing carport-like structures should be dealt with if the ordinance amendment is approved. Hinzman provided visual examples of currently existing carports which would not be in compliance with proposed new regulations. There was discussion about how to interpret currently suggested language of "visually attractive" and whether alternative language would be prefer able. There was also discussion about the length of time noncompliant properties would have to come into compliance with revised standards. Hearing no further comments, Mayor Hicks closed the public hearing at 7:30 p.m. Hastings Planning Commission December 11, 2006 Regular Meeting 3. City of Hastings -City Code Amendment #2006-59 -Accessory Structure Ordinance relating to carports. Associate Planner Kari Barker gave a staff report. Chair Twedt opened and closed the public hearing at 7:09. Commissioner Heideman asked how portable carports would be defined. Planning Director Hinzman stated that a portable carport would be open on all four sides with a roof, but would not have a foundation. Commissioner Schmitt clarified the definition by asking if portable carports would not be attached. Planning Director Hinzman stated they would not as portable carports would be open on all four sides. He further stated that of all the examples shown during the staff report, only one would meet the new code. Commissioner Truax referenced a photo of a carport. He asked if the carport would be in compliance if it had a roof and solid walls. Planning Director Hinzman stated it would be in compliance of the carport ordinance. Commissioner Schmitt stated that he thought the definition was sufficient. He expressed concern over the regulation of seasonal satellite buildings to cover rv's and Easy-Up's. Commissioner Schmitt wanted to know how long the Easy-Up's could be up, if used for graduation or other events. Chair Twedt inquired if the enforcement was being driven by neighbors reporting violators, thus driving the enforcement. Planning Director Hinzman stated that this was the most likely case. Chair Twedt stated he was unsure if the Easy-Up's should be restricted. Planning Director Hinzman stated that language could be added to the ordinance to allow Easy- Up's for a temporary time period. Commissioner Schmitt stated it would be better to define the parameters, versus exclude them. Commissioner Peine stated that he was glad to see something in regards to anchoring for wind loads. He inquired how this would be verified. Planning Director Hirrzrrran stated that the Building Department was still contemplating specific requirements. Commissioner McInnis asked if colors should be restricted. Associate Planner Barker stated that this was covered in Letter G. Commissioner McInnis stated that existing portable carports should be taken case by case to bring them up to code. No motion was needed as the ordinance will be modified and another public hearing held at the January 8, 2007, Planning Commission meeting.