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Home My WebLink About5A - #06-184 Twin Island Maintenance Center 17073 Adelmann Street S.E. Prior Lake, Minnesota 55372 PLANNING REPORT PREPARED BY: PUBLIC HEARING: DATE: SA PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 1104.309 OF THE ZONING ORDINANCE TO ALLOW 832 SQUARE FOOT ACCESSORY STRUCTURES ON TWIN ISLAND JANE KANSIER, PLANNING DIRECTOR X YES NO N/A NOVEMBER 13, 2006 AGENDA ITEM: SUBJECT: INTRODUCTION: The purpose of this public hearing is to consider an amendment to Section 1104.309 (10) of the Zoning Ordinance. The proposed amendment, initiated by the City Council on October 16, 2006, would increase the allowable size of accessory structures on Twin Island from 240 square feet to 832 square feet. DISCUSSION Prior to 2001, the Zoning Ordinance did not permit accessory structures on Twin Island. In February of2001, the Planning Commission considered an appeal to the Planning staffs interpretation ofthe Zoning Ordinance. The appellant contended the provisions of the ordinance allowed accessory structures on islands. The Commission adopted Resolution 01-04PC upholding the Planning staffs' interpretation of the Zoning Ordinance that does not permit accessory structures on the islands. However, the Commission directed staff to research the issue and prepare language for an ordinance amendment for consideration. In April, 2001, the Planning Commission held a public hearing on a proposed amendment to allow a 300 square foot accessory building on the lots on Twin Island. The Planning Commission heard testimony from John Meyer, who stated his need for a 24' by 24' accessory building (576 square feet). After a lengthy discussion, the Planning Commission continued the public hearing and directed staffto redraft the ordinance to allow an accessory structure which does not exceed the size of the principal structure, or 576 square feet, whichever is less. The Commission also directed staffto notify all Twin Island property owners. The Planning Commission continued the public hearing until May, 2001. The Planning Commission heard testimony from Dave Wuellner, a property owner on Twin Island, who was opposed to the size ofthe proposed accessory structure. He felt 576 square feet was excessive, and that most property owners were able to stay under 120 square feet. The 1:\06 files\06 ordin amends\zoning\twin island accessol\XlW1AJt~l:jfptm/;:l',,,,AA9m Page I Phone 952.440.9675 / Fax 952.440.9678 Planning Commission also heard testimony from John Meyer who stated the square footage was necessary because the size ofthe cabins is getting larger, and some people have more toys than others. The Planning Commission held a lengthy discussion on the size of the accessory structures. Some Commissioners felt these structures should be limited to 12' by 12' while others thought it could be larger. The Commission compromised on 240 square feet, based on the following factors: . 240 square feet is large enough to accommodate what is used on the island during the summer, such as water skis and lawn mowers. . There are no paved roads on the island, so there should be no motor vehicles. Large boats should be stored off the island. . Larger accessory structures would fundamentally change the density and the character of the island. This amendment does not apply to just one person, but to every property owner on the island. . Larger accessory structures would require the removal of more trees. . Concerns about the amount of impervious surface on the island. The City Council considered the proposed amendment on June 4,2001. The Council voted to approve the amendment to allow accessory structures no larger than 240 square feet, based on the Planning Commission's recommendation and the following rationale: . Twin Island is a very unique piece of property with just seasonal cabins. . Garages similar to those on the mainland are not necessary since the accessory structures on the island should be needed only for minimal storage. . There is no vehicular traffic on the island so a 240 square foot accessory structure should be sufficient. As with any City Ordinance, the purpose of the Twin Island regulations is to enhance the health, safety and welfare of the general population of the City. At the same time, the ordinance must consider the property rights of all property owners. ANALYSIS: Section 11 04.309 (10) currently reads as follows: One detached accessory structure is permitted per lot on general development lakes subject to the issuance of a building permit and the following conditions: ~ The lot must meet the minimum area and dimensional requirements listed in Section 1104.309; and );> The structures shall comply with all other required conditions and yard setbacks as stated in Section 1102.800 (8); and ~ The structures shall not occupy an area greater than the principal structure (seasonal cabin) or 240 square feet, whichever is less; and ~ The maximum height of the structure shall not exceed 15 feet; and 1:\06 files\06 ordin amends\zoning\twin island accessory structures\II-13 pc report. doc Page 2 ) The structure shall be setback a minimum of 100 feet from the ordinary high water mark (OHWM); and );> The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. However, the structure may contain an electrical system, with the proper permits; and ~ The structure shall be compatible in design and materials with the principal structure (seasonal cabin); and ~ If the structure is located below the regulatory flood plain elevation it shall be built in compliance with the applicable flood proofing requirements of the building code and Section 1105 of this Ordinance; and ~ The structure shall be attached to a permanent foundation so as to be immovable from its approved location. The proposed amendment deals primarily with the third and fourth bullet points. The staff is suggesting the following language changes: ~ The total wound floor area of the accessorv structures shall not exceed the f!round floor area of eeeftp:,: :;,; 3i-etl gf'Cator than the principal structure (seasonal cabin). 25% of the area between the vrincival structure and the rear lot line. or J4() 832 square feet, whichever is less; and ~ The maximum height of the structure shall not exceed 15 feet from the ?rade adiacent to the structure; and The intent of these changes are to allow a larger accessory structure, but at the same time to limit the proportion in relation to the size of the principal structure and the lot. ISSUES: An amendment to the Zoning Ordinance to allow a larger garage size would apply to all the property owners on Twin Island. When the Planning Commission and the Council weighed the Meyers desire to build a 576 square foot accessory building (now 832 square feet) against the impact on the island should all property owners decide to build an accessory building of this size, they felt the potential impact to the island was just too great. There are few opportunities to build additional cabins on the island, while any owner of an existing cabin could build an accessory structure of some sort. This would impact the trees on the island, the impervious surface and the general look of the island. It is possible to amend the ordinance to allow a larger accessory building on Twin Island. An amendment ofthis type is a policy question to be ultimately determined by the Council. ZONING ORDINANCE AMENDMENT FINDINGS 1:\06 files\06 ordin amends\zoning\twin island accessory structures\II-13 pc report.doc Page 3 Section 1108.600 of the Zoning Ordinance states that recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: 1. There is a public need for the amendment. The proposed amendment allows the construction of larger accessory structures on Twin Island. The question of need is a policy question. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. Goals and objectives of the 2030 Comprehensive Plan include: . Support development designs that are tailored to environmentally sensitive areas containing rugged topography, wetlands, and woodlands. . Promote sound land use; and . Ensure the security of individuals, human rights, and property. Purposes ofthe Zoning Ordinance include: . Enhance the aesthetic character and appearance of the City. . Conserve natural resources and environmental assets of the community. The proposed amendment strives to accomplish these goals, objectives and policies by providing strengthening the existing ordinance. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with federal and state laws. CONCLUSION The proposed amendment is consistent with the goals and objectives ofthe 2030 Comprehensive Plan, the Zoning Ordinance and the enabling legislation set forth in Minnesota statutes. Based upon the findings set forth in this report, staff recommends approval. ACTION REOUIRED: A motion and second recommending approval of the proposed amendment as recommended by staff and indicated in the attached draft ordinance. ALTERNATIVES: 1. Recommend the Council approve the amendment as proposed, or with changes specified by the Planning Commission. 2. Recommend the Council deny the proposed amendment. 1:\06 files\06 ordin amends\zoning\twin island accessory structures\II-13 pc report.doc Page 4 3. Table or continue discussion of the item for specific purpose. RECOMMENDATION: The staff recommends Alternative #1. ATTACHMENT: 1. Draft Ordinance Amendment 1:\06 files\06 ordin amends\zoning\twin island accessory structures\II-13 pc report.doc Page 5 CITY OF PRIOR LAKE ORDINANCE NO.1 06- XX AN ORDINANCE AMENDING SECTIONS 1101.400,1106, AND 1107.2100 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1104.309 (10) of the Prior Lake City Code is hereby amended to delete the section in its entirety and to add the following language: 1104.309 (10) One detached accessory structure is permitted per lot on general development lakes subject to the issuance of a building permit and the following conditions: ~ The lot must meet the minimum area and dimensional requirements listed in Section 1104.309; and );> The structures shall comply with all other required conditions and yard setbacks as stated in Section 1102.800 (8); and ~ The total ground floor area of the accessory structures shall not exceed the ground floor area oCthe principal structure (seasonal cabin), 25% of the area between the principal structure and the rear lot line, or 832 square feet, whichever is less; and ~ The maximum height of the structure shall not exceed 15 feet from the grade adjacent to the structure; and ~ The structure shall be setback a minimum of 100 feet from the ordinary high water mark (OHWM); and ~ The structure shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities. However, the structure may contain an electrical system, with the proper permits; and ~ The structure shall be compatible in design and materials with the principal structure (seasonal cabin); and ~ If the structure is located below the regulatory flood plain elevation it shall be built in compliance with the applicable flood proofing requirements of the building code and Section 1105 of this Ordinance; and ~ The structure shall be attached to a permanent foundation so as to be immovable from its approved location. This ordinance shall become effective from and after its passage and publication. day of ,20_. ATTEST: Passed by the City Council of the City of Prior Lake this City Manager Mayor 1:\06 files\06 ordin amends\zoning\twin island accessory structures\draft ord.doc Published in the Prior Lake American on the day of ,20_. Drafted By: Prior Lake Planning Department 17073 Adelmann Street SE Prior Lake, MN 55372 1:\06 files\06 ordin amends\zoning\twin island accessory structures\draft ord.doc 2