HomeMy WebLinkAbout6B Motion Directing Staff to Initiate Amendment to Section 1141_Accessory Structures
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: OCTOBER 24, 2022
AGENDA #: 6B
PREPARED BY: IAN COCHRAN, PLANNER
PRESENTED BY: IAN COCHRAN
AGENDA ITEM:
PROVIDE DIRECTION TO STAFF RELATED TO AMENDMENTS TO SECTION
1141, ACCESSORY STRUCTURES, OF THE PRIOR LAKE ZONING CODE
DISCUSSION: Introduction
The purpose of this agenda item is to request a motion to have staff initiate pro-
posed amendments to Section 1141 of the Prior Lake Zoning Code relating to
Accessory Structures.
Background
Staff has identified a section of the zoning code related to the definition of an
attached accessory structure which can create issues for property owners seek-
ing to place sheds under 200 square feet near their home.
An Accessory Structure is a separate and subordinate structure, the use of which
is related to and is incidental to that of the principal structure, and which may
include, but is not limited to garages, carports, storage buildings, water oriented
accessory structures, pools, etc. The minimum setback to a side or rear property
line is five (5) feet for accessory structures.
Section 1141.207(3) considers accessory structures attached to the principal
structure when the accessory structure is either structurally connected to the prin-
cipal structure or when it is located six feet or less from the principal structure. If
an accessory structure is considered attached, then it must adhere to the same
setbacks as the principal structure. This can create issues when property owners
wish to place a storage shed near their home. Currently, if a shed is placed within
six feet of the home then the standard ten foot side yard and 25 foot rear yard
setbacks apply; however, if the shed is placed greater than six feet from the home
then the side and rear yard setbacks are five feet.
Staff is seeking to update the ordinance to consider accessory structures
attached when it is structurally connected to the principal structure or when 200
square feet or greater in size and located six feet or less from the principal structure.
If approved, this would allow for accessory structures under 200 square feet to
be placed immediately adjacent to residential homes provided a five-foot side and
rear yard setback is maintained.
By directing staff to update Section 1141 the commission will set forth the neces-
sary public hearing and public notice procedures relating to a zoning ordinance
amendment.
2
Current Circumstances
City Code Subsection 1153.201 details the four ways amendments to the Zoning
Code may be initiated, including:
➢ The Planning Commission may initiate such amendments by motion.
➢ The City Council may on its own motion initiate amendments by referring
them to the Planning Commission for review.
➢ Any property owner may formally petition the City to consider an amend-
ment to the Zoning Map for land for which he/she is property owner.
➢ Any individual may petition the City to consider an amendment to the text
of the Zoning Code.
Conclusion
The proposed zoning ordinance amendment provides a necessary correction of
what may be an overly restrictive part of our zoning code.
Subsection 1153.209 (Policy for Amendments) of the Zoning Code states recom-
mendations of the planning commission and final determinations of the city coun-
cil shall be supported by findings addressing the relationship of the proposed
amendment to the following policies:
In the case of amendments to the text of the Zoning Code:
➢ There is a public need for the amendment, or
➢ The amendment will accomplish one or more of the purposes of the Zon-
ing Code, the Comprehensive Plan or other adopted plans or policies of
the City, or
➢ The adoption of the amendment is consistent with State and/or federal
requirements.
In staff’s opinion, the proposed amendments will help accomplish the following
findings and purpose of the Zoning Code:
➢ Promote the most appropriate and orderly development of the residential,
business, industrial, public land, and public areas.
➢ Require that development proceed according to the goals and policies es-
tablished in the City's Comprehensive Plan.
➢ Conserve natural resources and environmental assets of the community.
ISSUES: City staff is requesting the Planning Commission direct staff initiate a zoning or-
dinance amendment for Section 1141 of the Prior Lake Zoning Code. The Plan-
ning Commission is not being asked to recommend approval of an ordinance
amendment at this time, only to provide direction to staff to initiate a potential
amendment. If staff direction is provided, the Planning Commission will review
the actual zoning ordinance language revisions at a future public hearing date.
ALTERNATIVES: 1. Motion and a second directing staff to initiate proposed amendments to Sec-
tion 1141 of the Prior Lake Zoning Code.
2. Motion and a second directing staff not to initiate proposed amendments to
Section 1141 of the Prior Lake Zoning Code.
3. Motion and a second to table discussion of the item to a future meeting date
and provide staff with direction.
RECOMMENDED
MOTIONS:
Alternative #1