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HomeMy WebLinkAbout4A - Ordinance Amendment Section 1141 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: NOVEMBER 14, 2022 AGENDA #: 4A PREPARED BY: IAN COCHRAN, PLANNER PRESENTED BY: IAN COCHRAN AGENDA ITEM: CONSIDER AMENDMENTS TO PRIOR LAKE CITY CODE SECTION 1141, ACCESSORY STRUCTURES DISCUSSION: Introduction The purpose of this agenda item is to consider a recommendation to the City Council related to a proposed amendment to Prior Lake City Code Section 1141, Accessory Structures. Background Staff identified a section of the zoning code related to attached accessory struc- tures which can create issues for property owners seeking to place sheds under 200 square feet near their home. Staff discussed this concern with the Planning Commission on October 24, 2022 and the Planning Commission directed staff to propose amendments to Section 1141 of the Prior Lake Zoning Code to address placement of accessory structures under 200 square feet. Current Circumstances 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 , 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, the side and rear yard setbacks are five feet. The intent of the proposed amendment is 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. Conclusion The proposed zoning ordinance amendment provides a necessary correction of what may be an overly restrictive part of our zoning code. 2 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 review the proposed amend- ments to Section 1141, provide any comments, and recommend the City Council approve the proposed amendments. ALTERNATIVES: 1. Motion and a second recommend the City Council approve the proposed amendments to Section 1141 of the Prior Lake City Code. 2. Motion and a second recommend the City Council deny the proposed amend- ments to Section 1141 of the Prior Lake City Code. 3. Motion and a second to table discussion of the item to a future meeting date and provide staff with direction. RECOMMENDED MOTIONS: ATTACHMENTS: Alternative #1 1. Proposed Amendments SECTION 1141 AGRICULTURAL AND RESIDENTIAL PERFORMANCE STANDARDS 1141.207 Accessory Structures. (3) 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 when 200 square feet or greater in size and located six (6) feet or less from the principal structure. Such structures shall be subject to the provisions of the Zoning Code applicable to principal structures including, but not limited to, setbacks, building height, and other dimensional requirements.