HomeMy WebLinkAbout10C- Average Front Yard Setback
CITY COUNCIL REPORT
AGENDA ITEM:
AUGUST 4, 2003
10 C
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO ELIMINATE THE AVERAGE FRONT YARD SETBACK
REQUIREMENT IN RESIDENTIAL USE DISTRICTS
(Case File No.: 03-70)
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
INTRODUCTION:
History: The purpose of this agenda report is to consider an
amendment to the front yard setback provision in the R-S (Rural
Subdivision Residential), R-1 (Low Density Residential), R-2 (Low-
Medium Density Residential), R-3 (Medium Density Residential), and
R-4 (High Density Residential) use districts. The amendment would
eliminate the requirements for averaging the front yard setbacks of
the properties within 150', but would still allow averaging as a means
. to reduce the required front yard setback. The minimum front yard
setback in most districts would still be 25 feet. Averaging could still
be used to reduce this setback to 20' without a variance; however, a
greater setback would not be required if the average setback of
properties within 150' were more than 25 feet.
The impetus for this amendment is the construction of a detached
garage on property located on Manitou Road. Based upon the
average setback within 150 feet, the garage must maintain a 50 foot
front yard setback (as the average setback exceeds 154 feet).
However, due to topography the property owner proposes to locate
the garage 35 feet from the front lot line. Since the garage does not
meet the required 50 foot setback, staff would be required to process
a 15 foot variance or deny the building permit. Staff believes this
case provides an opportunity to revisit the average front yard setback
provision implemented in all residential use districts.
On July 14, 2003, the Planning Commission held a public hearing on
this item, and unanimously recommended approval.
DISCUSSION:
Current Circumstances: Currently, in the R-1, R-2, and R-3 use
districts the Zoning Ordinance reads, "the depth of the front yard of a
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
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lot shall be at least 25 feet. If the average depth of at least 2 existing
front yards, for buildings within 150 feet along the same block front of
the lot in question are less or greater than 35 feet, the required front
yard shall be the average depth of such existing front yards.
However, the depth of a front yard shall not be less than 20 feet or be
required to exceed 50 feet."
In the R-4 use district "the front yard depth shall be a minimum of 30 feet
or a distance equal to the building height, unless the average depth of at
least 2 existing buildings within 150 feet along the same block front of the lot
in question are less than or greater than 30 feet, then the required front yard
depth shall be the average depth of such existing front yards or the building
height whichever is greater. However, the depth of the front yard shall not
be less than 15 feet or be required to exceed 50 feet if the building height is
less than 50 feet."
As a result of the required average setback provision, the Planning
Commission has reviewed average front yard setback variance
requests that staff may be unable to support because a hardship is
lacking. In the Manitou Road case, staff could not support a front
yard setback variance because the garage could be reduced in area
and shifted to meet the maximum minimum 50 foot front yard setback.
However, a 35 foot front yard setback meets the intent of the zoning
ordinance.
Issues: Staff has prepared an ordinance amendment that would
eliminate the required averaging for front yard setback in residential
use districts. The attached draft ordinance would require a minimum
25 foot front yard setback, and if desired, the front yard setback could
be reduced to 20 feet, provided that the average front yard setback
within 150 feet is 20 feet or less in the R-1, R-2, and R-3 use districts.
In the R-4 use district, the minimum front yard setback is 30 feet and
the minimum average would be 15 feet. The average setback
provision would be voluntary. Typically, in the R-1 use district new
single family dwellings are set back 25 feet from the front lot line.
The historical purpose of a yard setback in all zoning districts was to
provide open space for light and air, lessen the congestion of public
streets, and decrease fire hazards. However, the modem practical
purpose of a residential minimum front yard setback is to provide
adequate off-street parking for the dwelling, as most garages protrude
further than the living space portion of the dwelling. It is also for
uniformity in building placement. The 25 foot front yard setback, or
the 30 foot setback in the R-4 use district, fulfills these intentions.
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The goal of the average setback is to create a uniform streetscape in
an established neighborhood. For instance, typically in a downtown
area built-to-lines provide the uniformity essential to protect the
character of historic structures or the built environment and create a
complete pedestrian experience.
Zonina Ordinance Amendment Findinas:
Section 1108.600 of the Zoning Ordinance states that
recommendations of the Planning Commission and final
determinations of the City Council shall be supported by findings
addressing the relationship of the proposed amendment to the
following policies:
1. There is a public need for the amendment.
The amendment would decrease the amount of impervious surface
on those lots that are required to maintain a 50 foot front yard setback
because the garage could be placed closer to the front lot line and
the driveway would be reduced in length. Furthermore, it would
ensure equal protection of all residential properties, including those
that are located on lots adjacent to structures set back more than 25
or 30 feet from the front lot line.
2. The amendment will accomplish one or more of the purposes
of this Ordinance, the Comprehensive Plan, or other adopted
plans or policies of the City.
One purpose of the Zoning Ordinance is to:
. Prevent overcrowding of land and undue concentration of
structures and population by regulating the use of land and
buildings and the bulk of buildings in relation to the land
surrounding them.
Goals and objectives of the Comprehensive Plan include:
. Ensure fair and impartial hearings and application of ordinances.
Ordinances, codes, and policies should be maintained through
regular review, evaluation, and when warranted, revisions or
repeal, to avoid obsolescence and ineffectiveness;
. Enact and maintain policies and ordinances to ensure the safety
and preservation of property. Require high standards of design
and materials used for all structures.
The proposed amendment strives to serve the purpose of the Zoning
Ordinance and accomplish the goals and objectives of the
Comprehensive Plan by allowing all structures in residential use
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districts to maintain a uniform front yard setback regardless of the
setbacks of adjacent structures.
3. The adoption of the amendment is consistent with State
and/or Federal requirements.
This amendment is consistent with Minnesota Statutes.
CONCLUSION:
The proposed amendment would allow a structure to maintain a 25
foot front yard setback regardless of the setback of adjacent
structures in R-1, R-2, and R-3 use districts. The 20 foot setback
would be voluntary. In the R-4 use district, the 30 foot setback would
apply. The 15 foot setback would be voluntary. This would still
prevent the overcrowding of land yet allow the fair application of
ordinances, in accordance with the Comprehensive Plan.
ALTERNATIVES:
The City Council has three alternatives:
1. Adopt the ordinance amendment eliminating the average front
yard setback requirement in residential use districts.
2. Deny the ordinance amendment.
3. Defer this item and provide staff with specific direction.
RECOMMENDED
MOTION:
Staff recommends Alternative #1. This requires the following motion:
REVIEWED BY:
1. A motion and second to adopt an ordinance eliminating the
average front Ya..[. setback requirement in the R-1, R-2, R-3, and
R-4 use districts.
7J
Frank 80 es ity anager
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CITY OF PRIOR LAKE
ORDINANCE NO. 03- XX
AN ORDINANCE AMENDING SECTIONS 1102.306, 1102.405, 1102.505, 1102.605
AND 1102.706 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1102.306 ill (R-S, Rural Subdivision Residential) of the Prior Lake City Code is
hereby amended as follows:
(4) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required
front yard may be reduced lif the average depth of at least 2 existing front yards, for
buildings within 150 feet along the same block front of the lot in question, at=@ ~ less eF
gnlat~r than ~ 25 feet, the required front yard shall be the a'lerage depth of EHUJh existing
front years. However, the depth of a front yard shall not be less than 20 feet or be required to
exceed 50 feet.
2. Section 1102.405 ill (R-1, Low Density Residential) of the Prior Lake City Code is hereby
amended as follows:
(4) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required
front yard may be reduced lif the average depth of at least 2 existing front yards, for
buildings within 150 feet along the same block front of the lot in question, at=@ ~ less eF
great~r than ~ 25 feet, the required front yard shall b@ the a'lerag@ depth of sllch existing
front years. However, the depth of a front yard shall not be less than 20 feet or be required to
exceed 50 feet.
3. Section 1102.505 ill (R-2, Low to Medium Density Residential) of the Prior Lake City Code
is hereby amended as follows:
(2) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required
front yard may be reduced lif the average depth of at least 2 existing front yards, for
buildings within 150 feet along the same block front of the lot in question, at=@ ~ less eF
greater than ~ 25 feet, the required front yard shall b@ the a'!@rage depth of sllch existing
front years. However, the depth of a front yard shall not be less than 20 feet or be required to
exceed 50 feet.
4. Section 1102.605 ill (R-3, Medium Density Residential) of the Prior Lake City Code is
hereby amended as follows:
(2) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required
front yard may be reduced lif the average depth of at least 2 existing front yards, for
buildings within 150 feet along the same block front of the lot in question, at=@ ~ less eF
greater than ~ 25 feet, the reqair@d front yard shall B@ the aJ!erag@ depth of s\leh ~xisting
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PAGE 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
front years. However, the depth of a front yard shall not be less than 20 feet or b@ r@qyif€ld to
@xc@@d 50 feet.
5. Section 1102.706 ill (R-4, High Density Residential) of the Prior Lake City Code is hereby
amended as follows:
(3) The front yard depth shall be a minimum of 30 feet or a distance equal to the building
height, unless the average depth of at least 2 existing buildings within 150 feet along the
same block front of the lot in question are less than or greater than 30 feet, then the required
front yard depth shall be the average depth of such existing front yards or the building height
whichever is greater. However, the depth of the front yard shall not be less than 15 feet-et=--b€
r@Qllired to exceed 50 feet if th@ building height is less t:AaH 50 fe@t.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council ofthe City of Prior Lake this 4th day of August, 2003.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 9th day of August, 2003.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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Planning Commission Meeting
July 14, 2003
FRONT YARD SETBACK AND A 2.57 FOOT VARIANCE FROM THE REQUIRED
5 FOOT SIDE YARD SEPARATION SETBACK FOR THE CONSTRUCTION OF A
GARAGE ADDITION WITH CONDITIONS INCLUDING AN ADDITIONAL 6TH
CONDITION UPDATING THE PLAN SHOWING THE HOUSE IMPROVEMENT.
Vate taken indicated ayes by all. MOTION CARRIED.
Stamson pointed out the appeal procedure.
C. Case #03-70 Consider a Zoning Ordinance Amendment that would eliminate
the requirements for averaging the front yard setbacks of the properties with 150
feet but would still allow averaging as a means to reduce the required front yard
setback.
Planner Cynthia Kirchoff presented the Planning Report dated July 14,2003, on file in
the office of the City Planning Department.
The purpose of this public hearing is to consider an amendment to the front yard setback
provision in the R-S (Rural Subdivision Residential), R-1 (Low Density Residential), R-2
(Low-Medium Density Residential), R-3 (Medium Density Residential), and R-4 (High
Density Residential) use districts. The amendment would eliminate the 50 foot
maximum minimum average front yard setback provision. This impetus for this
amendment is the construction of a detached garage on property located on Manitou
Road. Based upon the average setback within 150 feet, the garage must maintain a 50
foot front yard setback (as the average setback exceeds 154 feet). However, due to
topography the property owner proposes to locate the garage 35 feet from the front lot
line. Thus, since the garage does not meet the required 50 foot setback, staff would be
required to process a 15 foot variance. Staff believed this case provides an opportunity to
revisit the average front yard setback provision implemented in all residential use
districts.
The staff supported the proposed amendment as it would allow a structure to maintain a
25 foot front yard setback regardless of the setback of adjacent structures in all residential
use districts. This would still prevent the overcrowding of land yet allow the fair
application of ordinances, in accordance with the Comprehensive Plan.
There was no public comment.
Comments from the Commissioners:
Stamson:
. Agreed with staff. You can make an aesthetic argument for the greater setback
creating uniformity, but it shouldn't be a burden to the applicant because his
neighbors decide to set their structures further back.
. Does not see the justification to mandate what the neighbors do.
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Planning Commission Meeting
July 14, 2003
· It creates a city-wide equity. It gives some leeway in situations when one has to
be closer.
. Concurred with staffs findings.
Lemke:
· Agreed. Lemke gave an example of requiring more impervious surface
(driveway) with the ordinance.
. Support the change.
Criego:
· Does not feel strongly one way or another. The only downside is that there could
be a situation where you want to build a house and utilize that space taking up the
impervious surface.
· As long as it does not exceed 30 percent impervious surface.
. Support staff.
Ringstad:
· Agreed with Stamson but touched on Lemke's comments on ways to reduce
impervious surface, especially around the lakes.
. Supported the recommendation.
Atwood:
. Support staff s recommendation.
Stamson:
· This probably affects a small number of properties.
MOTION BY LEMKE, SECOND BY RINGSTAD, RECOMMENDING APPROVAL
OF ORDINANCE 03-XXX AMENDING SECTIONS 1102.306, 1102.405, 1102.505,
1102.605 AND 1102.706 OF THE PRIOR LAKE CITY CODE.
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on August 4,2003.
D. Case #03-71 Consider a Zoning Ordinance Amendment to Section 1104.308
(2) to allow a reduced rear yard setback on lots separated from the lakeshore by a
platted common open space.
Planner Cynthia Kirchoffpresented the Planning Report dated July 14,2003, on file in
the office of the City Planning Department.
The purpose oftms public hearing is to consider an amendment to the Zoning Ordinance
to reduce the rear yard setback to 10 feet on lots separated from lake shore by a platted
common open space. This amendment would impact shoreland property in any zoning
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