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HomeMy WebLinkAbout4A Encroachments Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: APRIL 18, 2016 AGENDA #: 4A PREPARED BY: PUBLIC HEARING: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR YES AGENDA ITEM: HOLD A PUBLIC HEARING TO CONSIDER RECOMMENDING AMEND- MENTS TO SUBSECTION 1101.503 (YARD ENCROACHMENTS) AND SUB- SECTION 1102.700 (RESIDENTIAL PERFORMANCE STANDARDS) OF THE CITY CODE. DISCUSSION: Introduction The purpose of this agenda item is to consider a request by City staff to amend two sections of the Zoning Ordinance. These sections relate to yard encroach- ments and accessory structure setbacks. History Winkler Development and Lennar, in cooperation with City staff, previously pro- posed three Subsection code amendments. On February 16, the Planning Com- mission held a public hearing and recommended all amendments to the City Council. On March 14, the City Council denied all amendments and asked staff to have the Planning Commission review once again two Subsection amend- ments. Amendments related to the R-2 Use District are not being reviewed again based on City Council direction (they preferred that a PUD be used to make any setback adjustments versus changing all R-2 setbacks). Current Circumstances Subsection 1101.503, Yard Encroachments, applies to all zoning districts. The primary intent of these changes is to allow certain encroachments into side yards as long as they don’t extend within 5 feet of the side lot line; that 5-foot area is typically a drainage and utility easement provided for on plats. Clarifying allow- able encroachments within front and rear setback areas is also addressed in the proposed amendments. One item is removed from this second proposal that was previously included that relates to AC units on raised platforms. City staff is proposing a minor clarification amendment to Subsection 1102.700, Residential Performance Standards, related to detached structures. Currently, accessory structures may be located within five feet of any lot line abutting a “R” Use District. Since residential accessory structures also abut other commercial and industrial districts, the 5-feet setback should apply to any residential acces- sory structure whether or not it abuts a “R” Use District. Conclusion These proposed amendments are intended to clarify yard encroachments and accessory structure setbacks. 2 ISSUES: City staff supports all proposed amendments, which will both clarify these two ordinance subsections and allow greater flexibility for developers and home builders for yard encroachments. ALTERNATIVES: 1. Motion and a second to recommend amendments to Subsection 1101.503 (Yard Encroachments) and Subsection 1102.700 (Residential Performance Standards). 2. Motion and a second to deny recommending amendments to the City Code as requested by the applicant and City staff. 3. Motion and a second to table action and provide direction to staff and con- tinue discussion at a future specified meeting. RECOMMENDED MOTION: ATTACHMENTS: Alternative #1 1. Proposed amendments to Subsection 1101.503 (showing amendments) 2. Proposed amendments to Subsection 1101.503 (clean version) 3. Proposed amendments to Subsection 1102.700 (showing amendments) 4. Proposed amendments to Subsection 1102.700 (clean version) ZONING TEXT AMENDMENTS – YARD ENCROACHMENTS City of Prior Lake 4/18/16 1101.503 Yard Encroachments. The following shall not be deemed encroachments on yard requirements unless located less than 5 feet from a lot line, within a drainage and utility easement, or in violation of regulations below or elsewhere in the City Code. (1) All yards: a. Appurtenances associated with a principal structure such as Eeaves, gutters, and basement egress windows, balconies, bay windows (at least 18” above the corresponding floor level), fireplace bump-outs (no greater than 2 feet deep, 6 feet wide, and 10 feet high), and platforms meeting the definition in Subsection 1101.400, provided they do not extend more than 2 feet into a yard; and provided such encroachment is not closer than 5 feet from any lot line. b. Yard lights and nameplate signs for one and two family dwellings in the R-1, R- 2, and R-3 Districts. c. Floodlights or other sources of light illuminating authorized illuminated signs, or illuminating parking areas, loading areas, or yards for safety and security purposes all of which must if these meet the regulations of Subsection 1107.1800. d. Flag poles, bird baths and other ornamental features detached from the principal building which are a minimum of 5 feet from any lot line. e. Canopies no more than 12 feet wide are permitted in the "R-34", "C-1", "C-2", "C- 35" and "I-1" Districts if they are open at the sides, comply with provisions of Subsection 1101.506 and provide 14 feet of clearance if located over any access roadway or fire lane. (2) The following shall not be encroachments on fFront yards requirements: a. Awnings and door hoods which extend 5 feet or less into the required front yard. b. A vestibule which extends 5 feet or less into the required front yard under the following conditions:  The vestibule shall be designed, constructed and attached to the principal structure in compliance with the building code.  The vestibule shall be constructed of materials compatible with those of the principal structure which meet the requirements of Subsection 1107.2200.  The vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. c. Heating, ventilating and air conditioning equipment which extends less than 6 feet from the principal structure, is not more than 36 inches in height, and is screened from view. d. Platform decks meeting the definition in subsection 1101.1000. (3) The following shall not be encroachments on sSide and rear yards, including side yards abutting streets requirements: a. Eaves which extend no more than 6 inches into the required yard, gutters which extend no more than 12 inches into the required yard, b. Heating, ventilating and air conditioning equipment. in side yards abutting a street and rear yards, but is an encroachment in interior side yards. None of that equipment shall extend more than 6 feet from the principal structure. Platform deck meeting the definition in subsection 1101.1000. c. Recreational equipment meeting the requirements of Subsection 1102.700 of the City Code. (4) The following shall not be encroachments on rRear yards requirements: a. Heating, ventilating and air conditioning equipment, detached outdoor picnic shelters compost bins, firewood storage, play structures, outdoor fire places and fire pits. b. Recreational equipment meeting the requirements of Subsection 1102.700 of the City Code, if constructed as provided in this Ordinance. (5) New decks may not encroach into required yards. Decks not meeting the required setbacks may be replaced if the following criteria are met:  The deck existed on the date the structure setbacks were established;  The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established;  The deck is constructed primarily of wood and is not roofed or screened; and  The existing deck is not located within an easement, right-of-way, or over a property line. (6) Items not listed in Subsection 1101.503 (1)-(8) that may be similar are subject to approval by the Zoning Administrator according to Subsection 1101.304 of this Ordinance. The provisions of Subsection 1101.503 (1)-(48) shall not apply to the lakeshore or bluff setbacks required in Section 1104 of the Zoning Ordinance. (7) Accessory structures are further regulated in Subsection 1102.700(8) of this Ordinance. ZONING TEXT AMENDMENTS – YARD ENCROACHMENTS City of Prior Lake 4/18/16 1101.503 Yard Encroachments. The following shall not be deemed encroachments on yard requirements unless located less than 5 feet from a lot line, within a drainage and utility easement, or in violation of regulations below or elsewhere in the City Code. (1) All yards: a. Appurtenances associated with a principal structure such as eaves, gutters, basement egress windows, balconies, bay windows (at least 18” above the corresponding floor level), fireplace bump-outs (no greater than 2 feet deep, 6 feet wide, and 10 feet high), and platforms meeting the definition in Subsection 1101.400. b. Yard lights and nameplate signs for one and two family dwellings in the R-1, R- 2, and R-3 Districts. c. Floodlights or other sources of light illuminating authorized illuminated signs, parking areas, loading areas, or yards for safety and security purposes all of which must meet the regulations of Subsection 1107.1800. d. Flag poles, bird baths and other ornamental features detached from the principal building. e. Canopies no more than 12 feet wide are permitted in the "R-3", "C-1", "C-2", "C- 3" and "I-1" Districts if they are open at the sides, comply with provisions of Subsection 1101.506 and provide 14 feet of clearance if located over any access roadway or fire lane. (2) Front yards: a. Awnings and door hoods which extend 5 feet or less into the required front yard. b. A vestibule which extends 5 feet or less into the required front yard under the following conditions:  The vestibule shall be designed, constructed and attached to the principal structure in compliance with the building code.  The vestibule shall be constructed of materials compatible with those of the principal structure which meet the requirements of Subsection 1107.2200.  The vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. c. Heating, ventilating and air conditioning equipment which extends less than 6 feet from the principal structure, is not more than 36 inches in height, and is screened from view. (3) Side yards, including side yards abutting streets: a. Eaves which extend no more than 6 inches into the required yard, and gutters which extend no more than 12 inches into the required yard, b. Heating, ventilating and air conditioning equipment. c. Recreational equipment meeting the requirements of Subsection 1102.700 of the City Code. (4) Rear yards: a. Heating, ventilating and air conditioning equipment, compost bins, firewood storage, play structures, outdoor fire places and fire pits. b. Recreational equipment meeting the requirements of Subsection 1102.700 of the City Code. (5) New decks may not encroach into required yards. Decks not meeting the required setbacks may be replaced if the following criteria are met:  The deck existed on the date the structure setbacks were established;  The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established;  The deck is constructed primarily of wood and is not roofed or screened; and  The existing deck is not located within an easement, right-of-way, or over a property line. (6) Items not listed in Subsection 1101.503 (1)-(8) that may be similar are subject to approval by the Zoning Administrator according to Subsection 1101.304 of this Ordinance. The provisions of Subsection 1101.503 (1)-(4) shall not apply to the lakeshore or bluff setbacks required in Section 1104 of the Zoning Ordinance. (7) Accessory structures are further regulated in Subsection 1102.700(8) of this Ordinance. ZONING TEXT AMENDMENTS – RESIDENTIAL ACCESSORY STRUCTURES City of Prior Lake 4/18/16 1102.700: Residential Performance Standards. No structure or premises within any "R" Use District shall be used for one or more of the following uses unless its use complies with the following regulations: (1) All trash, garbage, waste materials, trash containers, and recycling containers shall meet parking setbacks and shall be stored in a manner provided in the City Code. (2) No vehicle shall be stored, displayed, parked or allowed in any of the required yard or landscaped areas; except as permitted by subsection 3 below, or by Subsection 1107.204 (12). (3) Currently licensed and operable winter recreational equipment, including fish houses, may be parked on or adjacent to a driveway on a lot in a "R" Use District from November 1 to April 1 each year. Currently licensed and operable summer recreational equipment may be parked on or adjacent to a driveway on a lot in a "R" Use District from April 1 to November 1 each year. At all other times, recreational equipment shall be stored in the rear or side yard. If topography or other natural conditions of the lot do not allow for storage in the side or rear yards, the recreational equipment may be parked adjacent to the driveway subject to written approval of the Zoning Administrator and the following standards: a. The recreational equipment must be located at least 5 feet from any side lot line. b. The recreational equipment shall not encroach into any public right-of-way. Boat lifts, rail systems and track systems must be setback at least 10 feet from a side lot line. (4) All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent unless used for service to single family or two-family houses. In addition, any new service to an existing building other than a single family or two-family dwelling shall be placed underground. (5) All access roads shall have a poured-in-place concrete curb measuring at least 6 inches above and below the grade in all developments except developments of single family or two-family dwellings. (6) Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall be provided where practically possible for all developments except developments of single family or two-family dwellings. (7) All single and two family homes shall: a. Be built on a permanent foundation; b. Be connected to the City sanitary sewer and water unless exempted under the provisions of Subsection 1101.505; and c. If the home is a manufactured home, it shall:  Have a permanent, completely enclosed foundation constructed around the entire circumference of the structure and which complies with the State Manufactured Home Building Code.  Meet the standards and be certified by the U.S. Department of Housing and Urban Development. (8) Accessory Structures. a. General requirements. Accessory uses and structures shall comply with the following standards and all other applicable regulations:  No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory.  The accessory use or structure shall be incidental to and customarily associated with the principal use or structure.  The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served.  The accessory use or structure shall be located on the same zoning lot as the principal use or structure, except for accessory off-street parking and loading facilities and as defined in Section 1101.501 (d), and subject to the provisions of Section 1107. b. Design criteria. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to the main building or shall be commonly associated with residential construction. In addition, the following shall apply:  Pole building structures are prohibited, except in the “A” Use District.  Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when it is structurally connected to the principal structure or located 6 feet or less from the principal structure. Such structures shall be subject to the provisions of this Ordinance applicable to principal structures including, but not limited to, setbacks, building height, and other dimensional requirements.  Detached structures. A detached accessory structure must be structurally independent from the principal structure. Detached accessory structures shall be permitted in residential districts in accordance with the following: 1. The total ground floor area of all detached accessory structures located on a single residential property in the R-1, and R-2 Use Districts shall not exceed 1,000 square feet or 30% of the rear yard. 2. The total ground floor area of all detached accessory structures in the R-4 Use District shall not exceed 30% of the rear yard. 3. No accessory building shall be located within five (5) feet of any lot line or within the limits set forth in Subsections 5, 6 and 7 below if more restrictive. 4. Maximum height shall not exceed fifteen (15) feet as measured from the mean grade level at the front face of the accessory structure to the top of the parapet or rooftop equipment, whichever is higher, of a flat roof; to the deck line of a mansard roof; to the uppermost point on a round or other arch type roof; or the mean distance of the highest gable on a pitched or hip roof. 5. Detached accessory structures shall be located to the side or rear of the principal building, and are not permitted within the front yard or within a side yard abutting a street except as provided in Subsections 6 and 7 below. 6. No detached accessory building erected to the side or rear of a principal building on a corner lot shall be located within 25 feet of any property line abutting a street. 7. On riparian lots in the Shoreland District, one (1) detached accessory building designed and used as a garage may be located between the front building wall and the street or private road providing access to the lot subject to the following conditions:  The accessory building must be located so that it meets all front and side yard requirements of a principal structure.  The accessory building must be compatible in design and materials with the principal structure.  The accessory structure may be used only for storage of vehicles and other equipment incidental to residential uses.  There shall be no home occupations or other nonresidential use of the building.  The accessory structure must meet all other requirements of subsection 1102.700(8). ZONING TEXT AMENDMENTS – RESIDENTIAL ACCESSORY STRUCTURES City of Prior Lake 4/18/16 1102.700: Residential Performance Standards. No structure or premises within any "R" Use District shall be used for one or more of the following uses unless its use complies with the following regulations: (1) All trash, garbage, waste materials, trash containers, and recycling containers shall meet parking setbacks and shall be stored in a manner provided in the City Code. (2) No vehicle shall be stored, displayed, parked or allowed in any of the required yard or landscaped areas; except as permitted by subsection 3 below, or by Subsection 1107.204 (12). (3) Currently licensed and operable winter recreational equipment, including fish houses, may be parked on or adjacent to a driveway on a lot in a "R" Use District from November 1 to April 1 each year. Currently licensed and operable summer recreational equipment may be parked on or adjacent to a driveway on a lot in a "R" Use District from April 1 to November 1 each year. At all other times, recreational equipment shall be stored in the rear or side yard. If topography or other natural conditions of the lot do not allow for storage in the side or rear yards, the recreational equipment may be parked adjacent to the driveway subject to written approval of the Zoning Administrator and the following standards: a. The recreational equipment must be located at least 5 feet from any side lot line. b. The recreational equipment shall not encroach into any public right-of-way. Boat lifts, rail systems and track systems must be setback at least 10 feet from a side lot line. (4) All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent unless used for service to single family or two-family houses. In addition, any new service to an existing building other than a single family or two-family dwelling shall be placed underground. (5) All access roads shall have a poured-in-place concrete curb measuring at least 6 inches above and below the grade in all developments except developments of single family or two-family dwellings. (6) Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall be provided where practically possible for all developments except developments of single family or two-family dwellings. (7) All single and two family homes shall: a. Be built on a permanent foundation; b. Be connected to the City sanitary sewer and water unless exempted under the provisions of Subsection 1101.505; and c. If the home is a manufactured home, it shall:  Have a permanent, completely enclosed foundation constructed around the entire circumference of the structure and which complies with the State Manufactured Home Building Code.  Meet the standards and be certified by the U.S. Department of Housing and Urban Development. (8) Accessory Structures. a. General requirements. Accessory uses and structures shall comply with the following standards and all other applicable regulations:  No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory.  The accessory use or structure shall be incidental to and customarily associated with the principal use or structure.  The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served.  The accessory use or structure shall be located on the same zoning lot as the principal use or structure, except for accessory off-street parking and loading facilities and as defined in Section 1101.501 (d), and subject to the provisions of Section 1107. b. Design criteria. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to the main building or shall be commonly associated with residential construction. In addition, the following shall apply:  Pole building structures are prohibited, except in the “A” Use District.  Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when it is structurally connected to the principal structure or located 6 feet or less from the principal structure. Such structures shall be subject to the provisions of this Ordinance applicable to principal structures including, but not limited to, setbacks, building height, and other dimensional requirements.  Detached structures. A detached accessory structure must be structurally independent from the principal structure. Detached accessory structures shall be permitted in residential districts in accordance with the following: 1. The total ground floor area of all detached accessory structures located on a single residential property in the R-1, and R-2 Use Districts shall not exceed 1,000 square feet or 30% of the rear yard. 2. The total ground floor area of all detached accessory structures in the R-4 Use District shall not exceed 30% of the rear yard. 3. No accessory building shall be located within five (5) feet of any lot line or within the limits set forth in Subsections 5, 6 and 7 below if more restrictive abutting lots in an "R" Use District. 4. Maximum height shall not exceed fifteen (15) feet as measured from the mean grade level at the front face of the accessory structure to the top of the parapet or rooftop equipment, whichever is higher, of a flat roof; to the deck line of a mansard roof; to the uppermost point on a round or other arch type roof; or the mean distance of the highest gable on a pitched or hip roof. 5. Detached accessory structures shall be located to the side or rear of the principal building, and are not permitted within the front yard or within a side yard abutting a street except as provided in Subsections 6 and 7 below. 6. No detached accessory building erected to the side or rear of a principal building on a corner lot shall be located within 25 feet of any property line abutting a street. 7. On riparian lots in the Shoreland District, one (1) detached accessory building designed and used as a garage may be located between the front building wall and the street or private road providing access to the lot subject to the following conditions:  The accessory building must be located so that it meets all front and side yard requirements of a principal structure.  The accessory building must be compatible in design and materials with the principal structure.  The accessory structure may be used only for storage of vehicles and other equipment incidental to residential uses.  There shall be no home occupations or other nonresidential use of the building.  The accessory structure must meet all other requirements of subsection 1102.700(8).