Loading...
HomeMy WebLinkAbout8A - Architectural Design Ord.AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 8A GARY STABER, BUILDING OFFICIAL CONSIDER AMENDMENT OR REVOCATION OF ARCHITECTURAL DESIGN ORDINANCE - CITY CODE, SECTION 4-7-1 JANUARY 2'7, 1995 BACKGROUND: DISCUSSION: ISSUES: 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. This subject was originally brought before the City Council last year but due to activity levels, was left unresolved. The purpose of the ordinance is to require variation in housing styles within the same neighborhood to avoid the "row house" look. To a large degree, the ordinance attempts to define aesthetics by assuring that housing styles are not so dissimilar that they are seen as reducing property values or so similar as to create monotony. On one end of the spectrum we have chaos, on the other end of the spectrum, we have monotony. It is a very difficult task to regulate both ends of the spectrum without creating conflict. Forced difference can promote chaos. Complete randomness can create a "Christmas Package" design: All the houses are wrapped in different paper, but inside it's all the same. While the goal of this ordinance may be appropriate its implementation is fraught with difficulties. For example: o The ordinance does not indicate whether or not it applies to townhouses or apartment structures. As such the ordinance in its current state could require the redesign of townhome units cun'ently considered for installation in The Wilds by Carlson Construction Company. The Hat'bors 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 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER same colors and yet be a different material. It seems that the focus should be on the appearance of the materials rather than whether or not they are identical materials. o The ordinance requires additional time on behalf of the Building Department to determine whether the proposed building is aesthetically appropriate for the neighborhood. o 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. In other words it's a "sore thumb". ALTERNATIVES: A number of alternatives are available to the City Council: The Council could direct the complete revocation of the ordinance based on the following rationale: Ao The market will guard against identical house styles. Many developers believe it is in their best interest to avoid monotony. No matter what the price range is, distinctive homes sell better than anonymous ones. Bo People want their homes to be unique. Many planners feel the problem of sameness is resolved over time. People will change their homes in dramatic and personal ways as soon as they can get to the nearest do-it-yourself. C. Staff time used to enforce the ordinance is substantial while the effective results from enforcing such a subjective ordinance are minimal. D° Enforcing the ordinance has been a public relations nightmare. The City is in a "NO WIN" situation in that a new homeowner/citizen is being told that the City does not like the way their house looks. Often times this is the first contact with the City in which we say "Welcome to Prior Lake" but change your house because we don't like the way it looks. Eo An ordinance that requires diverse housing styles is in direct conflict with ordinances which required the design of homes "that 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 substantial depreciation in the property values of said neighborhood. " From an enforcement perspective, it is impossible to enforce a monotony ordinance without creating a direct conflict with existing "harmony" ordinances. RECOMMENDATION: ACTION REQUIRED: AGEN8A.WRT . F. Monotony ordinances can actually work in reverse by limiting architectural design. For example, if existing homes have steep pitched roofs, say 8:12 and 12:12 pitch, a designer could be forced to use a flatter roof such as a 4:12 roof pitch to comply with monotony ordinances. This example shows how a forced change could actually damage the appearance of a neighborhood. The Council could direct revisions in the ordinance to remedy some of the problems outlined above. Revisions could include: Ao The ordinance could be simplified by stating that identical front single family elevations may not be used on adjacent lots nor for more than 25% of lots in any platted block. Identical front elevations could also be prohibited on cul-de-sac turnarounds. Bo These provisions would also apply to PUD developments but may be modified with consent by the City. Co Multi-family housing would be exempt from ordinance requirements. Do Revise the appeal process to include the Building Official, Planning Commission, and City Council in that order. o The Council may decide to maintain and enforce the ordinance as is. City Staff recommends revocation of the ordinance because of the difficulty we have experienced in enforcement and 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 on this issue. identify_ps the C/~ncil's desired action Review~ ff 4-7-I CHAPTER 7 ARCHITECTURAL DESIGN AND MATERIALS SECTION: 4-7-1: 4-7-2: 4-7-3: 4-7-4: 4-7-5: 4-7-6: Elevations, Architectural Design, Exterior Facing Useable Materials Alternate Materials Pole Building Zoning Codes 4--7-1: ELEVATIONS, ARCHITECTURAL DESIGN, F.~TERIOR FACING: (A) Building Permit: The application for s building permiL in addition to other information required, ~hall include exterior elevations of the proposed structure which will adequately and accurately Indicate the height, size, design and the appearance of all elevations of the proposed bulb:ling and description of the construction and materials proposed to be used therein. Such Informa~Jon shall Indlcata 'that the exterior amhite~tural 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) Iota on each side, dlrectly across from or dlagonally across from the same unit. The sxterlor architectural design of a structure shall not be se at variance with the character of the applicable zoning dlstrict estabilshed by the Zoning Code of the Clty as to cause a subatantlaJ depreciation in the property values of said neighborhood within said district or elsewhere, or adversely affect the pubilc health, safety or general welfare. Indlviduais, builders, or groups of builders shall not construct a house design which has front elevations substantially tike any 4-7-1 A) home, or proposed home where · building permit has been Issued, located within two (2) lots on each side, directly across from or diagonally across from the same unit. No buildlng permit shall be Issued to houses Inconsistent with this requlremenL 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) condltlons are present in the appllcatlon wtth respect to a~y existing home, or proposed home where a building permit ha~ been Issued, within two (2) lots on each side, dlrectly 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/s) of the exterior surface materials of the proposed structure are the same as the structure It resembles. 4. The relative location of ~n 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 construc'~on is sim,ear to We structure It resembles. (B) (c) 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 aclditlon to all required materials for building permit al~llcaflon. A list of exterior flnlsl~ 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 4-7-3 c) The applicant may appeal the decision of the Building Official within thirty (30) days as follows: 1. The applicant shall file with the City Manager a notice of appeal stating the specific grounds upon which the appeal Is made. The City Manager shall attempt to resolve the appeal at this point. 2. In the event that the Issue is not resolved, the City Manager shall transmit the appeal to the Planning Commission for study and review at its next regular meeting. 3. The Planning Commission shall make its decision within thirty (30) days. 4. A further appeal of the Planning Commission decision may be made to the City Council. Applicant shall file with the City Manager a notice of appeal within thirty (30) days. The City Council shall thereafter make its decision within thirty (30) days. (Ord. 90-11, 10-15-90) 4-7-2: USEABLE MATERIALS: No building permit shall be Issued for any structure for which a building permit is required which contains exterior facing materials which rapidly deteriorate, of which for any reason are, or quickly become unsightly. The following are examples of such materials: concrete masonry units, common clay brick, sand lime brick, concrete brick, unfinished structural clay tile, sheet metal, either corrugated or plain, and exposed unfinished concrete. Such materials, however, may be used in a special arrangement or combination with other materials of a permanent nature with good architectural design and appeal. The provisions of this Section 4-7-2 shall not apply to building permits issued for structures in Zoning Districts A-1 or C-1. 4--7-3: ALTERNATE MATERIALS: In the event an owner, Intend- ing to apply for a building permit, desires to use any of the materials included under Section 4-7-2 above as exterior finish materials, such owner may present to the Building Inspector a request for preiimin- ary approval for the use of such materials prior to the preparation of final drawings and application required by other sections of this Chapter. Such request for preliminary approval shall Include such sketches and other Information as may be necessary to indicate accurately the use to be made of such materials and the appearance of the exterior of such structure when completed. 491 4-7-3 4-7-6 If such request for preliminary approval of materials granted by the City Planner and Building Inspector or the Council, as the case may be, the sketch and other Information shall be properly marked for Identification by the Building Inspector and be filed in his office and such data shall become a part of the building permit application when filed. 4-7-4: POLE BUILDING: A pole building which shall be under- stood to mean any building using wood or metal poles as a principle structural support to achieve alignment and bearing capacity shall be permitted in Zoning Districts A-1 or C-1 and only in any other district upon approval by the City Council. Said Council shall exercise its discretion in determining whether or not a building of such type will be compatible with the surrounding area. Such structures may be authorized by the Council for use as warehouse, heavy equipment storage, or other uses which would tend to be compatible with that type of structure and in a location where it would not be offensive to other property owners or persons within the City. 4-7-5: ZONING CODE: This Chapter shall be deemed supplemen- tary to the Zoning Code and the Construction Code of the City and shall be enforced in harmony and in conjunction with each. 4-7-6: APPEALS: Any person aggrieved by a decision of the Build- ing Inspector regarding the use of certain materials or regarding questions of architectural design shall be entitled to appeal the Building Inspector's decision to the City Manager and, if still aggrieved, he may appeal to the City Council. (Ord. 79-5,12-8-80) 491