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AGENDA #
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DATE:
INTRODUCTION:
ANAL YSIS:
STAFF AGENDA REPORT
4J
R. MICHAEL LEEK, ASSOCIATE PLANNER
CONSIDER APPROVAL OF ORDINANCE 96-12
REGARDING SIDE YARD SETBACKS, REPLACEMENT
OF NON-CONFORMING DECKS, HOME OCCUPATION,
AND REIMBURSEMENT OF CITY COSTS.
MAY 20,1996
The purpose of this item is to consider amendments to
several sections of the City Code and Zoning Ordinance
as described above.
Amendment Permitting One 5' Side Yard Setback and
Permitting Replacement of Non-Conforming Decks:
These proposed amendments grew out of the 1995
variance summary report. The granting of one 5' side yard
setback, particularly on non-conforming lots of record in
the Shoreland District has become fairly commonplace.
The proposed amendment provides for a minimum
structure separation for health, safety and welfare reasons.
Similarly, the granting of variances to permit replacement
of non-conforming decks has become commonplace.
Indeed in 1995 the City Council passed an ordinance
which permits such replacement without a variance
everywhere but the Shoreland District. The proposed
amendment would allow replacement in all districts.
Home Occupations:
The proposed amendment would make home occupations
permitted, accessory uses in residential zoning districts
without the need for formal administrative or Planning
Commission review. This approach is viewed as desirable
in light of what appear to be increasing numbers of people
wishing to engage in home occupations which are
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compatible with residential districts. The criteria would
remain quite stringent, so that occupations like small
engine and marine repair would not qualify as permitted
uses.
Reimbursement of Costs:
As development activity increases, the types of projects
requiring review will become even more complex. The
City's current fee structure will not be able to keep up with
the costs that can be incurred in reviewing such a project,
especially if the review requires additional consultant or
attorney services. The proposed amendment sets up a
method for obtaining reimbursement for such costs. This
amendment is consistent with the Council's philosophy
that new development should not be subsidized by current
taxpayers.
The Planning Commission first reviewed the proposed
amendments at its meeting of April 8, 1996, and
recommended several changes. The draft ordinance with
the Commission's suggested amendments were reviewed
by the Commission at its meeting of May 13, 1996, and it
recommended approval of the amendments as presented
with this report.
1.
Adopt the attached Ordinance as presented or with
additional changes suggested by the City Council.
Continue or table this issue for specific reasons.
Determine that there is no need to amend the Zoning
Ordinance and deny the attached Ordinance as
recommended by the Planning Commission.
Adoption of a ~inance 96-12. A 2/3 vote is
reQuir1:1en ~inance.
Frank Boyles
2.
3.
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CITY OF PRIOR LAKE
ORDINANCE NO. 96-12
AN ORDINANCE AMENDING TITLE 5, SECTION 5-4-1, OF THE CITY CODE
AND SECTION 4.1 OF THE PRIOR LAKE ZONING ORDINANCE 83-6
PERTAINING TO SETBACKS; TITLE 5, SECTION 5-5-8, SECTION 6.8 OF
THE PRIOR LAKE ZONING ORDINANCE 83-06 PERTAINING TO HOME
OCCUPATIONS; AND SECTION 5-7 OF THE PRIOR LAKE CITY CODE AND
SECTION 7 OF THE PRIOR LAKE ZONING ORDINANCE PERTAINING TO
REIMBURSEMENT FOR CITY COSTS.
The City Council of the City of Prior Lake does hereby ordain:
Title 5, Section 5-4-1 of the City Code and Section 4.1 (B) of the Prior Lake Zoning
Ordinance 83-6 is hereby amended as follows:
B. All structures, whether attached to the principal structure or not, and whether open
or enclosed, including porches, carports, balconies, cantilevers and chimneys or
platforms above normal grade level, shall not project into any minimum front,
side, or rear yard setbacks. Provided, however, accessory structures for all
residential districts shall be permitted within ten (10') feet from the rear yard
setback. Provided, further, that decks not meeting the required setback may be
replaced if the following criteria are met:
1. The deck existed on the date the structure setbacks were established;
2. The replacement deck is the same size, configuration, location and elevation
as the deck in existence at the time the structure setbacks were established;
3. The deck is constructed primarily of wood, and is not roofed or screened.
Title 5, Section 5-4-1 of the City Code and Section 4.1 of the Prior Lake Zoning
Ordinance 83-6 is hereby amended by adding (C) as follows and renumbering the
succeeding provisions:
C. Substandard lots of record located in the RI-Suburban Residential and R2-Urban
Residential zoning districts may have one (I) side yard setback of no less than
five (5) feet as long as a minimum separation often (10) feet is maintained
between structures on the lot and adjoining lot.
Title 5, Section 5-5-8 of the City Code and Section 6.8 of the Prior Lake Zoning
Ordinance 83-6 is hereby amended as follows:
Awt home occupation, may be permitted as an accessory use in residential zoning
districts if it complies with the requirements of this section.
0RD96-12.00c
A. All material or equipment shall be stored within an enclosed structure.
B. Operation of the home occupation is not apparent from the street right-of-way.
C. The activity does not involve warehousing, distribution or retail sales of
merchandise produced off the site.
D. The home occupation may be carried on persons residing in the dwelling unit
and not more than one employee who does not reside in the dwelling unit.
E. The home occupation shall be carried on wholly within the principal structure.
Space within the dwelling devoted to the home occupation does not exceed
10% of the floor area or 300 square feet, whichever is greater. No portion of
the home occupation is permitted within any attached or detached accessory
building.
F. Exterior displays, signs (other than those permitted under the Sign Ordinance,
94-6), and outside storage of materials shall not be permitted.
G. Objectionable noise, vibration, smoke, dust, electrical disturbances, odors,
heat, glare or other nuisance factors shall not be discernible at the property
line.
H. The home occupation shall not create excessive automobile traffic within the
neighborhood.
Title 5, Section 5-7 of the City Code and Section 7 of the Prior Lake Zoning Ordinance
83-6 is hereby amended by adding the following:
7.12 REIMBURSEMENT FOR CITY COSTS
A. PURPOSE
The purpose of this section is to provide a procedure to reimburse the City for its
cost of review, analysis, and evaluation of development proposals, conditional use
permits, comprehensive plan amendments, zoning amendments, and enforcement
of this Ordinance in cases where, due to the level of complexity of the application
under consideration, excessive costs beyond those normally incurred by the City
as a result of the administration of this Ordinance are incurred. The excess costs
result from problems presented in review, analysis and evaluation which
necessitate intensive investigation and research. The intent of this section is to
insure an adequate level of review of these cases and to insure that the adverse
effects of development on the City are minimized and compliance with goals and
objectives of the Comprehensive Plan and this Ordinance are obtained.
B. CONDITIONS WHERE REIMBURSEMENT AUTHORIZED
1. When multiple Planning Commission and City Council meetings are required
to review a particular item and additional staff time is expended on that item
subsequent to the initial meeting.
0RD96-12.DOC
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2. When it necessary to retain consultants and experts to review requests and
advise its staff of specific impacts of a proposal, including but not limited to
impacts on traffic, utilities, drainage, and aesthetic or environmental
characteristics of the community.
3. When it is necessary for the City Attorney to review the proposal.
4. When other extraordinary costs are incurred by the City as a result of the
Administration of this Ordinance.
C. PROCEDURE
1. When the City Manager finds that the conditions outlined in Sec. 7.12(B)
exist, the City Manager shall recommend to the City Council that the
additional costs be reimbursed.
2. In the event that the City Council decides that additional costs will be incurred
which require reimbursement, the City shall notify the applicant that the City
will incur additional costs at the earliest possible time and, if possible, provide
the applicant with an estimate of the expected additional cost.
3. The applicant shall pay the estimated additional cost to the City by certified
check or bank money order. If the amount paid to the City initially is
insufficient to cover all City costs, the additional amount shall be billed to the
applicant. Any money which has not been used to pay additional costs after
the applicant's request has been processed shall be refunded to the applicant.
4. No Certificate of Occupancy for any project subject to this section shall be
issued until all money owing to the City has been received.
5. All costs billed under this section shall be based on the actual cost to the City
of staff time, overhead, material costs, and actual billings from consultants,
experts and attorneys.
Current Section 7.12 to be renumbered to Section 7.13.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 20th day of May, 1996.
ATTEST:
City Manager
Mayor
0RD96-12.DOC
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Published in the Prior Lake American on the _ day of
Drafted By:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372
0RD96-12.DOC
, 1996.
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