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HomeMy WebLinkAbout8C Encroachments Text Amend 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: APRIL 25, 2016 AGENDA #: 8C PREPARED BY: PRESENTED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTIONS: (1) 1101.503 YARD ENCROACHMENTS AND (2) SUBSECTION 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 (preference 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 has been removed from this second proposal that was previously included for AC units on raised platforms to be allowed within the 5-foot setback/easement area. City staff is also 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 accessory structure whether or not it abuts a “R” Use District. A public hearing was held by the Planning Commission on Monday, April 18, which provided no public testimony for or against the proposed amendments. The Planning Commission voted 5-0 in favor of the recommended changes. 2 Conclusion The City Attorney has reviewed all proposed amendments, including making some further edits in this final version. These proposed amendments are in- tended to clarify what is permitted as yard encroachments in all zoning districts, and to clarify setbacks for residential accessory structures. 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. FINANCIAL IMPACT: No direct financial impact relates to the City; however, developers can gain greater flexibility on plats for yard encroachments. ALTERNATIVES: 1. Motion and a second to approve an Ordinance amending Subsections 1101.503 and 1102.700 of the Prior Lake City Code related to Yard En- croachments and Accessory Structure setbacks in Residential Performance Standards. 2. Motion and a second to approve a resolution approving the summary of the Ordinance and ordering the publication of said summary. 3. Motion and a second to deny the ordinance. 4. Motion and a second to table action and provide direction to staff and con- tinue discussion at a future specified meeting. RECOMMENDED MOTION: ATTACHMENTS: Alternatives #1 and #2 1. Proposed amendments to Subsections 1101.503 and 1102.700 (MARKUP version). 2. Proposed amendments to Subsections 1101.503 and 1102.700 (CLEAN version). 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-xx AN ORDINANCE AMENDING SUBSECTIONS 1101.503 AND 1102.700 OF THE PRIOR LAKE CITY CODE RELATED TO YARD ENCROACHMENTS AND RESIDENTIAL PERFORMANCE STANDARDS AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The City Council of the City of Prior Lake, Minnesota, does hereby ordain that: 1. Subsection 1101.503, Yard Encroachments, of the Prior Lake Zoning Ordinance is hereby deleted and replaced in its entirety with the following: 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. 2  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. 2. Subsection 1102.700, Residential Performance Standards, of the Prior Lake Zoning Ordinance is hereby amended by replacing number 3 of the following: (8) Accessory Structures. 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: 3  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: 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. 3. Penalty. City Code Section 103 entitled “Definitions” and Section 104 entitled “General Penalty” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 25th day of April, 2016. ATTEST: City Manager Mayor A summary is to be published in the Prior Lake American on the 30th day of April, 2016. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-xxx A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 116-_____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, WHEREAS, WHEREAS, In accordance with Minnesota Statute, the Planning Commission held a public hearing regarding amendments to Subsections 1101.503 and 1102.700 of the Prior Lake Zoning Ordinance on April 18, 2016; and The City Council has considered the advice and recommendation of the Planning Commission, city staff reports and others pertaining to the Zoning Ordinance amendments; and On April 25, 2016 the City Council adopted Ordinance 116-____ amending Subsections 1101.503 and 1102,700 of the Prior Lake City Code related to Yard Encroachments, and Accessory Structure setbacks in Residential Performance Standards; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the City Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Subsections 1101.503 and 1102.700 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 116-____ is lengthy. 3. The text of summary of Ordinance No. 116-____, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after April 25, 2016. PASSED AND ADOPTED THIS 25th DAY OF APRIL, 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 2 Exhibit A SUMMARY ORDINANCE NO. 116-xx CITY OF PRIOR LAKE ORDINANCE NO. 116-XX AN ORDINANCE AMENDING SUBSECTIONS 1101.503, 1102.505 AND 1102.700 OF THE PRIOR LAKE CITY CODE RELATED TO YARD ENCROACHMENTS, R-2 DIMENSIONAL STANDARDS AND RESIDENTIAL PERFORMANCE STANDARDS AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 116-____. The full text will available for public inspection after April 25, 2016 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance deletes Subsection 1101.503 in its entirety and replaces with Subsection 1101.503 relating to Yard Encroachments. The Ordinance amends Subsection 1102.700(8)b relating to Accessory Structure setbacks in Residential Performance Standards. The revisions include deletion and addition of various uses, revisions of conditions, and clarification of regulations. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 25th Day of April, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Summary Ordinance to be published in the Prior Lake American on the 30th day of April, 2016.