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HomeMy WebLinkAbout8C - Invoices To Be Paid STAFF AGENDA REPORT DATE: SC JANE KANSIER, PLANNING COORDINATOR DONALD R. RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF ORDINANCE #96-XX AMENDING THE ZONING ORDINANCE AND CITY CODE TO ALLOW A 5' SIDE YARD SETBACK FOR EXISTING RESIDENTIAL STRUCTURES IN THE R-1 AND R-2 DISTRICTS NOVEMBER is, 1996 AGENDA #: PREPARED BY: REVIEWED BY: SUBJECT: INTRODUCTION: The purpose of this item is to consider approval of an amendment to the Zoning Ordinance and City Code pertaining to the required side yard setbacks for existing dwellings. BACKGROUND: On October 7, 1996, the City Council reviewed an appeal of a Planning Commission decision to deny a variance request for a reduced side yard setback. The variance involved an addition to an existing dwelling. The Council approved this variance on the basis it was consistent with the recent amendment to the Zoning Ordinance to allow one side yard setback of 5' on substandard lots. The Council then directed staff to draft an amendment to the ordinance which would allow a similar setback for additions to existing dwellings. The staff has proposed the following language: Existing Residential Dwellings: In the R-1 (Suburban Residential) and the R-2 (Urban Residential) Zoning Districts, an addition to any residential dwelling existing on the date of this ordinance may have one side yard setback of no less than five (5) feet, as long as a minimum separation of ten (10) feet is maintained between structures on the lot and adjoining lot. The Planning Commission held a public hearing on this amendment on October 28, 1996. After much discussion, the Commission recommended denial of this amendment. DISCUSSION: The attached minutes of the Planning Commission meeting summarize the discussion of this matter. The Planning 96099cc.doc PAGE 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ISSUES: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: REPORT ATTACHMENTS: 96099cc.doc Commissioners were mainly concerned this amendment would cause 5' to become the standard side yard setback. This in turn would cause a crowding, or a solid wall, effect, especially along the lakeshore. The Council directed the staff to prepare an amendment which would be consistent with the intent of the ordinance and would address the inequity which allows a 5' side yard setback on substandard lots but a 10' setback for standard size lots. The proposed amendment is one approach to meet this directive. There are other approaches the Council may wish to consider. For example, the side yard setbacks for all dwellings, new or existing could be reduced to 5 feet. Another approach is to allow averaging of the side yard setbacks, so that the setback may be less than 10' at any point, as long as the average is the minimum setback. 1. Adopt the amendment to the Zoning Ordinance as recommended by the staff. 2. Further discuss this issue and direct the staff to provide additional information to the City Council. 3. Deny the proposed amendment as recommended by the Planning Commission. Adopt Alternative #1. A motion and second to adopt the proposed ordinance. This action requires a 4/5 vote of the Council. 1. Proposed Ordinance 2. Planning Report dated October 28, 1996 3. Minutes of October 28, 1996, Planning Commission Meeting . PAGE 2 CITY OF PRIOR LAKE ORDINANCE NO. 96- AN ORDINANCE AMENDING SECTION 5-4-1 OF THE PRIOR LAKE CITY CODE AND AMENDING SECTION 4.1 OF THE PRIOR LAKE ZONING ORDINANCE 83-6. The City Council of the City of Prior Lake does hereby ordain: Section 5-4-1 of the Prior Lake City Code and Section 4.1 of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows: 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 (D) as follows, and renumbering the succeeding provisions: D. Existing Residential Dwellings: In the R-1 (Suburban Residential) and the R-2 (Urban Residential) Zoning Districts, an addition to any residential dwelling existing on the date of this ordinance may have one side yard setback of no less than five (5) feet, as long as a minimum separation of ten (10) feet is maintained between structures on the lot and adjoining lot. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 18th day of November, 1996. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of ~ 1996. Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 ord96xx.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AGENDA ITEM: SUBJECT: PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 40 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE PERTAINING TO REQUIRED SIDE YARD SETBACKS FOR EXISTING DWELLINGS (Case File #96-099) JANE KANSIER, PLANNING COORDINA TO~ DONALD R. RYE, PLANNING DIRECTOR U- -. -X- YES _ NO OCTOBER 28,1996 The purpose of this public hearing is to consider an amendment to the Zoning Ordinance to revise the required sideyard setback for an addition to an existing dwelling. BACKGROUND: On October 7, 1996, the City Council reviewed an appeal of a Planning Commission decision to deny a variance request for a reduced sideyard setback. The variance involved an addition to an existing dwelling. The Council approved this variance on the basis it was consistent with the recent amendment to the Zoning Ordinance to allow one sideyard setback of 5' on substandard lots. The Council then directed staff to draft an amendment to the ordinance which would allow a similar setback for additions to existing dwellings. DISCUSSION: In May, 1996, the Council adopted an amendment to the Zoning Ordinance allowing one 5' sideyard setback for substandard lots, as long as a minimum separation of 10' is maintained between structures on the lot and on the adjoining lot. The proposed amendment is very similar to this language; however it goes one step further. This amendment will allow an addition to any existing structure to have a sideyard setback of 5 feet. The proposed amendment reads as follows: 96099pc.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Existing Residential Dwellings: In the R-1 (Suburban Residential) and the R-2 (Urban Residential) Zoning Districts, an addition to any residential dwelling existing on the date of this ordinance may have one 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. ALTERNATIVES: 1. Recommend the Council approve the amendments as proposed, or with changes specified by the Planning Commission. 2. Recommend the Council deny the proposed amendments. 3. Table or continue discussion of the item for specific purpose. RECOMMENDA TION: The staff recommends alternative #1. ACTION REQUIRED: A motion and second recommending approval of the proposed amendments. REPORT ATTACHMENTS: 1. Draft Ordinance Language 2. Hearing Notice 96099pc.doc Page 2 "1f"'~_",'W CITY OF PRIOR LAKE ORDINANCE NO. 96- AN ORDINANCE AMENDING SECTION 5-4-1 OF THE PRIOR LAKE CITY CODE AND AMENDING SECTION 4.1 OF THE PRIOR LAKE ZONING ORDINANCE 83-6. The City Council of the City of Prior Lake does hereby ordain: Section 5-4-1 of the Prior Lake City Code and Section 4.1 of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows: 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 (D) as follows, and renumbering the succeeding provisions: D. Existing Residential Dwellings: In the R-l (Suburban Residential) and the R-2 (Urban Residential) Zoning Districts, an addition to any residential dwelling existing on the date of this ordinance may have one side yard setback of no less than five (5) feet, as long as a minimum separation of ten (10) feet is maintained between structures on the lot and adjoining lot. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this _ day of , 1996. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of , 1996. Drafted By: Jane Kansier, Planning Coordinator City of Prior Lake draftord.doc PAGE 1 NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 5-4-1 (C) OF THE CITY CODE AND TO SECTION 4.1 (C) OF THE PRIOR LAKE ZONING ORDINANCE TO ALLOW A 5' SIDE YARD SETBACK FOR AN ADDITION TO AN EXISTING RESIDENTIAL STRUCTURE IN THE R-l AND R-2 DISTRICTS You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection ofC.R. 21 and Fish Point Road), on Monday, October 28, 1996, at 7:00 p.m. or as soon thereafter as possible. The purpose of the public hearing is to consider an amendment to Section 5-4-1 (C) of the City Code and to Section 4.1 (C) of the Zoning Ordinance which will allow an addition to a residential structure existing on the date of the ordinance to have a 5' side yard setback, subject to certain conditions. If you wish to be heard in reference to this item, you should attend the public hearing. Oral and written comments will be considered by the Planning Commission. If you have questions regarding this matter, please contact the Prior Lake Planning Department at 447-4230 between the hours of8:00 a.m. and 4:30 p.m. Monday through Friday. Prepared this 9th day of October, 1996 by: Jane Kansier Planning Coordinator City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON OCTOBER 12, 1996 1:\96zoamnd\sideyard\96100pn.doc 1 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Jane Kansier, Planning Coordinator Gary Staber, Building Official October 28, 1996 SUBJECT: Amendments to Zoning Ordinance, file #96-099 ".",,'..,..-,",.,...... . ......."".... ..............,. _. ..,..w........,.,._ ~ . "...,....w.......w..,,_.,.. . "'._ -_.,.M'...M..... .... .,.,.._ "."W. I support a five foot setback on all substandard lots as specified in your memo dated October 16, 1996. I do not support an amendment that would use the year a structure was built to determine a setback requirement. In subdivisions that are partially developed we could have identical lots with different setbacks which would give the appearance of inconsistency. Prom an enforcement perspective it is difficult as you know to have any ordinance requirement structured on a lot by lot basis. If a setback requirement is based off year built it will require a good deal of research by staff to answer a relatively easy setback question. I think the ordinance needs more work before adoption. MEMJK.DOC PLANNING COMMISSION MINUTES _.~ ~ Vote taken Si~ues by VOnh9.uyKeiid;ill, Stamson, Wuellner and Criego. MOTIONC~ED~~~ -- -...- ---- .-~,--- ~- ~ A rece~'CaIled at 8:48 p.m. The meeting-~convened at 8:52 p.m. Public Hearing Continued. ~ -'~ D. CASE #96-099 CONSIDER AN AMENDMENT TO SECTION 5-4-1 (C) OF THE CITY CODE AND TO SECTION 4.1 (C) OF THE PRIOR LAKE ZONING ORDINANCE TO ALLOW A 5' SIDE YARD SETBACK FOR AN ADDITION TO AN EXISTING RESIDENTIAL STRUCTURE IN THE R-I AND R-2 DISTRICTS Criego read the Opening Statement for public hearing. There was no attendance by the public. Planning Coordinator Jane Kansier presented the staff report. The amendment is to the Zoning Ordinance revising the required side yard setback for an addition to an existing dwelling. On October 7, 1996, the City Council reviewed an appeal of a Planning Commission decision to deny a variance request for a reduced side yard setback. The variance involved an addition to an existing dwelling. The Council approved this variance on the basis it was consistent with the recent amendment to the Zoning Ordinance to allow one side yard setback of 5' on substandard lots. The Council then directed staff to draft an amendment to the ordinance which would allow a similar setback for additions to existing dwellings. Rye commented on the City Council's feelings that an amendment be brought forward which would be consistent with the intent of the ordinance. Staff approach was to allow one 5' setback to an existing structure. Comments from the Commissioners: Stamson: . The original ordinance was written for substandard lots and tries to make an exception for them. It seems backwards to give people with larger lots the same 5 feet side yard setback. If the City wants it uniform it should have been left at 10 feet. Wuellner: . This recommendation came up before the Commissioners by a previous staff. It did not pass at that time. Commissioners felt in time, it would become the norm. . Crowding along the lakefront is getting worse. This will exacerbate the problem. . Keep as is. Not in favor. MNI02896.DOC PAGEl 0 V onhof: . Staff was requested by City Council to do this. . Does not agree with it. It will not solve the problem. . There are still going to be large lots coming in asking for variances for other setbacks which could be denied and end up in front of the Council. Kuykendall: . Why do we have setbacks? Light, air, fire, do not want a wall effect. Safety issues. . Not unreasonable to have Council come back with request. There is no fixed rationale on 10 feet. Come up with a reasonable concept. What if you used a percent? . Rye addressed possible problems using a percentage. He also pointed out easements along the lot lines. Criego: . Why is a side yard variance more important than front and back setbacks or impervious surface? . This is just going to reduce standards. There is no logic. In a substandard lot variances should be given. Side yard made sense. . Just because a person wants to take care of a second family, the City should not have to change the ordinance to accommodate two families. . You don't stop at existing residential dwellings. If the City is going to implement this, do it across the board. . Does not like this and is not in favor of supporting. V onhof: . The toughest variances the Commissioners had, are the large lots not making the hardship criteria. MOTION BY WUELLNER, SECOND BY STAMSON, TO RECOMMEND CITY COUNCIL DENIAL OF THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE. Open Discussion: A wall effect on the lake is not wanted. Nothing wrong with 10' standard as it exists. People will take advantage of the setback. A neighbor can use an other's property to satisfy his addition leaving no alternative for his neighbor's potential use. Vote taken signified ayes by Criego, Wuellner and Stamson, nays by V onhof and Kuykendall. MOTION CARRIED. s. O)a.a...-smess: None ~ .~- MNI02896.00c PAGEII