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HomeMy WebLinkAbout8D - Architectural Design Ord.STAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: 8D FRANK BOYLES, CITY MANAGER CONSIDER AMENDMENT OR REVOCATION ARCHITECTURAL DESIGN ORDINANCE - CITY SECTION 4-7-1 APRIL 18, 1994 OF CODE, Section 4-7-1 of the Prior Lake City Code establishes exterior facing requirements and architectural design guidelines for residential structures. While the objective of the code is laudable, its implementation is difficult and sometimes confusing. Council direction is required with respect to whether or not the code provisions should be revised or eliminated entirely. Prior Lake City Code Section 4-7-1 provides that together with the building permit a contractor must submit information which indicates exterior building architectural design so that the building will not dramatically depart from nor be very similar to the extedor architectural design of homes within two lots on each side, directly across or diagonally across from the proposed unit. If a proposed home is either substantially different from or substantially like any existing or proposed home then no building permit will be issued unless the design is changed to be acceptable. A building permit is to be issued as long as the applicant can prove to the building official that no more than two of five conditions are present with respect to the proposed home or those homes within two lots on each side, directly across or diagonally across from the proposed unit. The conditions are: 1. Roof style of the proposed structure is similar. 2. Roof pitch is less than three in twelve from the structure it resembles. 3. More than one-half of the exterior surface materials are the same as the structure it resembles. 4. Location of the garage, porch or other major design feature is similar to the structure it resembles. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ISSUES: ALTERNATIVES: The purpose of the ordinance was to encourage variation in housing styles within the same neighborhood to avoid the "row house" impression. To a large degree this ordinance attempts to define aesthetics by assuring that housing styles are not so dissimilar that they are seen as reducing the value in the neighborhood or so similar as to create monotony. While the goal of this ordinance may be appropriate its implementation is fraught with difficulties. For example: The ordinance does not indicate whether or not it applies to townhomes or apartment structures. As such the ordinance in its current state could require the redesign of townhome units currently considered for installation in The Wilds by Carlson Construction company. The Harbors would also be technically out of compliance. Exterior surface building materials which are different can look identical. For Example: Vinyl, metal or aluminum siding can be manufactured in the same widths and in the same colors and yet be a different material. It seems that the focus should be on the color of the materials rather than whether or not they are identical materials. The ordinance requires additional time on behalf of the building official to determine whether the proposed building is aesthetically 'appropriate for the neighborhood. While Gary has been very adept in this process it is not technically within the area of responsibility for a building official. The ordinance places the City in a lose-lose situation with new property owners. In some cases their first interaction with the City is the equivalent of being asked to revise their home exterior because the City doesn't like the way it blends with the remainder of the neighborhood. A number of alternatives are available to the City Council: Take no action. The Council may decide that while the ordinance is imperfect it is still important to maintain and administer. The Council could direct revisions in the ordinance to remedy some of the problems outlined in the issues above. -2- RECOMMENDATION: ACTION REQUIRED: The Council could direct the revocation of the ordinance on the basis that it no longer serves a purpose given present day values and building techniques. The Building Official recommends revocation of the ordinance because of the difficulty we have experienced in enforcement, The problem which the ordinance was designed to address does not appear to be significant in new subdivisions. The Council should provide the staff with their thinking on the current ordinance (copy attached), and direction on what steps if any should be taken to clarify or delete the existing provisions. A motion which specifically identifies the Council's desired action on this issue. FAGN8B.WRT -3- 4-7-1 CHAPTER 7 ARCHITECTURAL DESIGN AND MATERIAL8 SECTION: 4-7-1: 4-7-2: 4-7-3: 4-7-4: 4-7-5: 4-7-6: Elevations, Architectural Design, Extsrlor Fac, lng Useable Materials Alternate Materials Pole Building Zoning Cedes Appeals 4-7-1: ELEVATIONS, ARCHITECTURAL DESIGN, EXTERIOR FACING: (A) Building Permit: The applic:ation for a building permit, in addition to other information required, shall Include exterior elevations of the proposed structure which wtll adequately and accurately indicate the height, size, design and the appearance of all elevations of the proposed building and description of the construction and materials proposed to be used therein. Such Information shall Indicate that the exterior arohitectural design, when erected will not be so at variance with, nor so similar to, the exterior architectural design of any structure or structures already constructed, or In the course of construction, within two (2) lots on each side, directly aoross from or diagonally across from the same unit. The exterior architectural design of a structure shall not be so at variance with the character of the applicable zoning district established by the Zoning Code of the City as to cause a substantla~ dopre~lation in the property values of said neighborhood within said district or elsewhere, or adversely affect the public health, safety or general welfare. Individuals, builders, or groups of builders shall not construct a house design whioh has front elevations substantially like any 491 4-7-1 ^) (B) (c) home, or proposed home where a building permit has been Issued, located within two (2) lots on each side, directly across from or diagonally across from the same unit. No building permit shall be Issued to houses inconsistent with this requirement. The Building Official shall take into account the following criteria when reviewing plans to determine substantially like housing. A building permit will be Issued so long as the applicant can prove to the Building Official that no more than two (2) of the following five (5) conditions are present In the application with respect to any existing home, or proposed home where a building permit has been Issued, within two (2) lots on each side, directly across from or diagonally across from the same unit: 1. The roof style of the proposed structure Is similar to the structure It resembles. 2. The roof pitch of the proposed structure is less than three (3) vertical units In twelve (12) from the structure it resembles. 3. More than one-half (t/~) of the exterior surface materials of the proposed structure are the same as the structure it resembles. 4. The relative location of an attached garage, porch, portico, breezeway, gable or other major design feature attached to the proposed structure is similar to the structure It resembles. 5. The relative location of entry doors, windows, shutters or chimneys In the proposed construction Is similar to the structure it resembles. Required Submittals: When required by the Building Official, the permit applicant shall be required to submit exterior elevations of the proposed structure, and photographs of the front exterior of neighboring homes, In addition to all required materials for building permit application. A list of exterior finish materials and colors may also be required. Appeals Process: The Building Official will review proposed exterior elevations as part of the permit review process. In the event that an elevation is determined to be substantially like a neighboring home, the permit will be denied. The applicant will have an opportunity to revise front elevations to be compliant with this Code. 491