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HomeMy WebLinkAbout20100201 - VIII-B-2 Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner Date: February 1, 2010 SubjectOrder Public Hearing/First Reading : - Residential Accessory Structure Requirements REQUEST st The City Council is asked to consider 1 reading and order a public hearing to amend Chapter 155 of the City Code to require special use permits for accessory structures between 500 and 1000 square feet. ATTACHMENTS Ordinance Amendment PLANNING COMMISSION REVIEW January 25, 2010 – The Planning Commission voted (3-1) to amend Residential Accessory Structure Requirements. No one from the public spoke for or against the item; however staff shared concerns of a resident about the need for the provision, delay in permitting, and additional cost. Commissioner Stevens voted against the item as he desired the Special Use Permit for a 500 square foot structure to apply to homes with an attached garage and 750 square feet for homes with a detached garage. January 11, 2010 - The Planning Commission discussed potential changes to the accessory structure ordinance and the desire to notify neighboring property owners before construction of certain buildings. Requiring a Special Use Permit for structures over a certain square footage was discussed (both 500 and 750 square feet as the size threshold). November 9 and November 23, 2009 - The Planning Commission reviewed and discussed the Accessory Structure Ordinance at its November 9 and November 23, 2009, meetings. The two main points of the discussion at the November 23, 2009, meeting was: 1) Tree replacement and 2) Notification of neighboring properties when an accessory structure is proposed to be built. In response to these tree replacement concerns, staff changed the language on the Application for Accessory Structures and added a copy of the Tree Replacement Policy to the application. In response to the notification process, City Staff contact City Attorney Fluegel, who expressed concern regarding a notification process that did not have a set procedure in place (such as a Special Use Permit or other means for citizen input). September 28, 2009 - The review of the Ordinance was at the request of Commissioners, due to an OHDS review for a garage at the September 28, 2009, Planning Commission meeting. SPECIAL USE PERMITS The Zoning Code defines and regulates special uses as follows: Uses that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be permitted in a zoning district if specific provision of such special uses is made in this Zoning Ordinance. The City Council could not deny the request; but can set conditions to mitigate affects. AFFECT TO RESIDENTS Notification Public hearing notice would be mailed to all property owners within 350 feet of a proposed accessory building. Property owners would be invited to review and comment on the proposed request. Cost A fee would be charged to review the special use permit. The current fee for a Special Use Permit is $500. Staff recommends that the fee schedule be amended to reduce the cost of residential special use permits to $250. This is the same fee as a variance request, which requires generally an equal amount of staff time, postage, and public hearing notification fees. In addition, the permit fee for an Accessory Structure is on average $300. Time Review time for the permit would increase. Presently permits are issued by the Building Department within one week. The time to process a Special Use Permit would be three to five weeks and is dependent on submittal time and meeting dates. A Public Hearing would be held at the Planning Commission meeting. Per City Ordinance, a notice is required to be published in the newspaper for ten days prior to the Public Hearing. Following the Planning Commission review, the Special Use Permit would then be heard at the City Council meeting, which is normally one week after the Planning Commission meeting. Estimated Number of Permits Over the past five years the City has received 10-20 accessory structure permits. Most of the past permits would have triggered special use permit review. Number of Permits Number of Permits Total Permits Yearover 500 square feet over 750 square feet over 120 sq. ft. 2009 8 310 2008 7 612 2007 9 513 2006 12 815 2005 14 420 *Permits for accessory structures over 750 square feet are included in the permits over 500 square feet total. ORDINANCE NO.______________, SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING 155.22 R-1 LOW DENSITY RESIDENT AND155.05 APPLICATION OF DISTRICT REGULATIONS OF THE HASTINGS CITY CODE PERTAINING TO: ACCESORY STRUCTURES BE IT ORDAINED by the City Council of the City of Hastings as follows: Chapter 155.22 of the Hastings City Code is hereby amended as follows: (A)Intent. The intent of this chapter in establishing a low density residence district is to provide for the normal outward residential expansion of Hastings according to current standards of development, and to protect the desired quiet living environment from encroachment from potential conflicting uses. (B) Uses permitted. (1) One-family detached dwellings: (a) All single-family detached dwellings to be located on a lot in a residential zone shall be installed on perimeter foundations that form complete enclosures under exterior walls; (b) The width of a 1-family detached dwelling that is located on a lot in a residential zone, shall not be less than 20 feet.The width shall be the narrowest dimension measured to the exterior of the building regardless of how it is oriented on the lot. The width is the installed width and does not include bay windows, roof projections, overhangs or eaves under which there is not interior space. Provided, however, this minimum width regulations shall not apply to seasonal use rooms such as porches and breeze ways, nor to garages or carports, and provided further, that these minimum width requirements shall not apply to additions to existing structures, where the addition is less than 400 square feet in area; and (c) sheet metal siding shall not be permitted except that horizontal lap type metal siding with sections overlapping in sections no wider than 12 inches shall be permitted.Other metal sidings may be permitted on review by the Board of Design Control. (2) Public parks, playgrounds, country clubs, athletic fields, and other recreational uses of a non-commercial nature; (3) Churches, libraries, and public and parochial schools; (4) Home occupations, pursuant to § 155.07. (5) Cluster developments so as to provide an alternative to the conventional lot and block residential design. Cluster developments are intended to preserve and enhance open space and natural amenities. Cluster developments are subject to the requirements of this chapter, including, but not limited to, § 155.51 and Chapter 154. Variation in lot sizes and yards are permitted while maintaining the overall density required by the underlying zoning district; (6) Accessory uses if incidental to the foregoing principal uses such as private garages and sheds; and (7) Residential care facility - independent. (C) Uses by special permit. (1) Fire stations and cemetery; (2) Residential care facilities, dependent and semi-independent, subject to the conditions listed at § 155.07. (3) Towers are regulated by § 155.07. (Prior Code, § 10.12) Penalty, see § 10.99 (4) Accessory structures between 500 and 1,000 square feet. And; BE IT ORDAINED by the City Council of the City of Hastings as follows: Chapter 155.05 of the Hastings City Code is hereby amended as follows: (A)Generally. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class of structure or land, except as hereinafter provided. (B) Intent. No structure or land shall hereafter be used or occupied, and no structure or part thereof shall be hereafter erected, constructed, reconstructed, moved, or altered except in conformity with all of the regulations herein specified for the district in which it is located. (C) Building regulations. No structure shall hereafter be erected or altered to exceed the height or bulk; to accommodate a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards, or other open space than herein allowed; or in any other manner contrary to the provisions of this chapter. (D) Accessory building and structure requirements. Accessory buildings and structures shall meet the following requirements. (1) No accessory building shall be erected in any required front or side yard fronting a public street or right-of-way. (2) 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. (3) Accessory structures, except fences meeting the requirements of division (F) below, shall not be placed in any easements. (4) All accessory structures, except fences, shall meet the setbacks listed in the table in division (D)(11) below. (5) All accessory structures shall be setback at least 6 feet from all other structures. (6) At grade accessory structures such as basketball courts, patios, dog kennels shall meet the accessory structures setbacks listed in the table in division (D)(11) below. 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. (7) Accessory structures shall have weather resistive exterior finishes that are durable and architecturally compatible with and similar in design, color, and material to the principal structure. (8) Accessory structures shall not exceed 1 story in height and shall not exceed 16 feet in height as measured to the mean of the roofline, or the height of the principal structure, whichever is more restrictive. The roofline mean height shall be measured from the mean height of the ground grade surrounding the accessory structure. Sidewalls shall not exceed 10 feet in height as measured from the mean height of the floor of the structure. (9) The height of any accessory structure shall not be taller than the primary structure. (10) Accessory structures 120 square feet or less require a zoning permit. Structures over 120 square feet require a building permit. (11) The following table shall determine the number, size, and setbacks of accessory structures. In addition to the accessory structures listed in the table below, swimming pools meeting the requirements of § 150.09 are permitted. Accessory Building/Structure Number, Size, and Setbacks Setback Standards PropertyNumber of MaximumSideCorner Side Rear ZoningStructuresFloor Area (a) Size A 1500 R-1, R-2, R-3, square feet 5 10 5 R-4, R-5 with * see c below attached garage (b) 2 Combined total R-1, R-2, R-3, 5 10 5 500 R-4, R-5 square feet without* see c below attached garage R-6 1 1,000 square 5 10 5 feet Multi-FamilySite Plan Site Plan Site Plan Site Plan Site Plan Commercial/OffReview Review Review Review Review ice Districts Industrial Site Plan Site Plan Site Plan Site Plan Site Plan Districts Review Review Review Review Review NOTES TO TABLE: (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 120 square feet in size or less. (c) Accessory buildings between 500 and 1,000 square feet require a Special Use Permit. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED th ADOPTED by the Hastings City Council on this 16 day of February, 2010. _________________________________ 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, th on the 16 day of February, 2010, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________________________ Melanie Mesko Lee, City Clerk ( SEAL) This instrument drafted by: City of Hastings (KSB) 101 4th St. East Hastings, MN 55033