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HomeMy WebLinkAbout2.c. Ordinance Review - Sideyard SetbackCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COMMITTEE OF THE WHOLE MEETING DATE: January 14, 2004 AGENDA ITEM:. Ordinan ce Review— Sideyard Setback AGENDA SECTION: Discussion After discussion of a variance appeal in December the City Council requested discussion on side yard setbacks for single family properties. Staff has surveyed other communities in the metro area and that information is provided. We have also compiled some schematic drawings that attempt to show varying alternative setbacks. The memo attached provides some information to the Council for the discussion. PREPARED BY: Kim Lindquist, Community Development Dir. AGENDA NO: 2C ATTACHMENTS: Memo, Survey, Schematic Drawing APPROVED BY H MEMORANDUM TO: Mayor and Members of the City Council Jamie Verbrugge, City Administrator FROM: Kim Lindquist, Community Development Director RE: Side Yard Setback Requirements DATE: January 8, 2004 On December 22, 2003 the City Council voted to uphold a variance appeal which requested a 5' side yard setback to permit construction of a 3 rd garage stall on an existing single family lot. The property was located along Upper 149 Street West and is zoned R -1, Low Density Residential. The current standards for the R -1 District are: side yard setback 10' front yard setback 30' rear yard setback 30' lot size 10,000 sq. ft. or 12, 000 sq. ft on a corner lot lot width 80' or 95' on a corner lot The city also has an R -lA zoning district. The zoning ordinance standards are the same with the exception of the side and rear yard setback requirements. The side yard setback for the R -lA district is 10' for two -story buildings and 5' for single story buildings, regardless of whether it is a garage side or house side. The rear yard setback also is reduced from 30' to 25'. This zoning district was applied to older areas of the community, specifically areas developed prior to 1980. The reduced standards were drafted in part to recognize non - conforming situations and helped to bring some aspects of the site development into compliance. The R -IA ordinance was drafted in the early 1990's. Staff has surveyed other communities to see what their setback standards are, particularly for side yards. We received 28 surveys from various communities; please see the attached spreadsheet. Of the 28, nine communities indicated that they had a side yard setback below 10'. At least six of these communities are older more developed communities and would have a development pattern set earlier in their development history. Sixteen of the 28, including some of the 8 with a reduced side yard setback variance, indicated that they have some relaxation for the garage side of the residence. Therefore, in total, 22 communities had either smaller side yard setbacks than Rosemount's current standard or had a reduction for the garage side yard setback. Most of the reductions were to a 5' setback although there were some variations depending upon the community. The communities of Eden Prairie, Golden Valley, Hastings, Lakeville and Minnetonka do not allow any reduction for garage side yard setbacks. Their side yard setbacks are typically 10' although some require a 10' minimum with a 25' or 30' total. Staff has some reservation for reducing side yard setbacks in the R -1 zoning district. This is the district where new construction is occurring and most typically, have 3 -car garages constructed. It doesn't seem prudent to give new construction the "bonus" especially since many of the new homes are large, as compared to existing residences, and the added separation is desirable. One option the council may wish to consider is using a modified R- 1 A zoning district to address pre- existing development conditions. The R -lA district already permits 5' setbacks for single story structures, regardless of use. We would need to clarify the district as it relates to 1 % story structures as that is not currently addressed in the ordinance. After amendment, additional sections of the community could be rezoned R -lA to permit the relaxed standards. While this suggestion may aid some neighborhoods in obtaining 3 -car garages, staff would not expect that the ordinance would be applied universally. Again, as new construction occurs and home massing continues to increase, staff believes that greater setbacks should be built into the platting process. Another option to the council would be regulations similar to Lakeville. Lakeville side yard setbacks are 10' but for lots platted after 2/16/99, additional setback requirements apply. The side yard setbacks are 30' and 50' for rear yards. While we are not advocating such extreme setbacks, regulations could be drafted that permit a 5' side yard setback for the garage side on lots dated before a specific date. After that date all side yard setbacks would be 10'. Of course a third option for the Council is to maintain the existing regulations without change. These ordinance regulations have been in effect for some time and property owners and future buyers have the ability find out future "add -on" opportunities under the current conditions. In most cases the desire for greater side yard setbacks is aesthetic, in that there is a desire to provide more open space and building separation. This effect can soften the effects of development; provide a different type of rhythm in the development pattern than experienced in other areas. A relaxed setback standard may also raise issues of accessibility to easements and also some enforcement issues. Side yard easements are 5'. With a structure set at the 5' setback line, the overhang from the structure can be up to 2 %2 ` into the setback, and easement area. Work that may need to occur within the easement, generally private utilities or localized drainage would be more difficult. Another aspect the Council should be aware of relates to code enforcement and exterior storage. My previous experience indicates that people tend to stack or store items next to their garage, out of their sight but not always their neighbors. This may result in items being stored within the easement, or even over the property line as 5' does not accommodate many of the items people typically store outside. Staff is requesting direction from the Council. 0 O >, LOT Li NE-- RESIDENTIAL SETBACKS APPLE BROOKLYN BROOKLYN EDEN FALCON GOLDEN ROSEMOUNT ANDOVER VALLEY BLAINE CENTER PARK BURNSVILLE CHAMPLIN EAGAN PRAIRIE EDINA HEIGHTS FRIDLEY VALLEY HASTINGS FRONT YARD SETBACK 30' 35' 30' 30' 35' 30' T 30' 30' 35' 30' 30' 35' 35' 20' REAR YARD SETBACK 30' 30' 30' 30', 25' or 30% of lot area 30' 20' 15' 25' 25' 30' 25% of lot depth 20% of lot depth 20' 10' minimum SIDE YARD SETBACK 10' 10' 10' 10' 10' 7.5' 10' 10' 10' 25' combined 10' 5' 10' 12 -15' 10' 35' adjacent 17.5' SIDE YARD SETBACK to street 20' corner lot 7.5' 10' 10' 10' 5' corner lot IS THERE A REDUCED SIDE YARD = SETBACK FOR THE GARAGE SIDE NO Y es 6 ' Y es 5' Y es 5' 3' g es 5 Y ' Y es 5 ' no Y es 5 ' no es 5' Y�. no 10,000 interior - 11000 interior 9,500 interior 10,000 interior MINIMUM LOT SIZE FOR SFD 12,000 corner 11,400 12,500 corner 10,000 10,500 corner 11,475 12,000 corner 10,000 12,000 13,500 9,000 10,000 9,000 10,000 9,000 80' interior 95' 80' interior 80' interior 75' interior 90' 80' interior 75' interior MINIMUM LOT WIDTH FOR SFD corner 85' corner 90' corner 80' corner 85' 90' corner 80' 85' 85' 75' 90' corner 75' 80' 75' (1) Golden Valley - when in rear yard garage setback is 5' from rear or side propert line (2) Brooklyn Center - as close as 5' on other side if there are no doors, windows or other opeings on the side less than 10' (3) Burnsville - 5' if there is 15' separation between buildings (4) Burnsville - reduced front yard setback down to 20' for front porches /additions up to 120 sq. ft. (5) Burnsville - reduced rear yard setback do to 20' for 4- season porches and other habitable living space up to 300 sq. ft. (6) Maple Grove - not less than 5' on any one side and not less than 15' total (7) Lakeville - for lots of record established after February 16, 1999, additional setback requirements apply. Side yard 30' and rear yard 50' (8) St Louis Park - 5' less than average of existing, homes 150' each direction RFSIDFNTIAI SFTRAC.KS INVER WHITE GROVE MAPLE NORTH ST ST LOUIS ST PAUL BEAR HEIGHTS LAKEVILLE GROVE MAPLEWOOD MINNETONKA NEW HOPE NEWPORT PAUL OAKDALE RICHFIELD PARK PARK SHOREVIEW LAKE FRONT YARD SETBACK 30' 30' 25' 30 -35' 35' 25' 30' 30' 30' 30' F 30' 30' 30' 20% of lot 40' or 20 % of lot REAR YARD SETBACK 30' 30' depth depth 25' 30' 30' 40' 25' 25' 30' 30' 30' 10' minimum 30' SIDE YARD SETBACK 10' 10' combined 10' 10' 6' 10' 5' 5' or 7' 5' 10' 10' 10' minimum 30' 20 -25' if on 30' corner SIDE YARD SETBACK 10' 5' combined corner 10' 9' 5' 12' 9' or 6' lot 5' 10' IS THERE A REDUCED SIDE YARD yes 5' if SETBACK FOR THE GARAGE SIDE yes 5' yes 5' no yes 5' unattached no yes 5' no detached 2' no yes 5' yes 5' 11,000 interior MINIMUM LOT SIZE FOR SFD 12,000 12,500 corner 10,000 10,000 22,000 9,500 9,100 7,800 9,600 6,700 7,200 9,000 10,000 10,500 85' interior 100' 75' interior MINIMUM LOT WIDTH FOR SFD 85' corner 80' 75' 80' 90' corner . 70' 65' 80' 50' 60' 75' 75' 80' (1) Golden Valley - when in rear yard, - garage setback is 5' from rear or side property line (2) Brooklyn Center - as close as 5' on other side if there are no doors, windows or other opeings on the side less than 10' (3) Burnsville - 5' if there is 15' separation between buildings (4) Burnsville - reduced front yard setback down to 20' for front porches /additions up to 120 sq. ft. (5) Burnsville - reduced rear yard setback do to 20' for 4- season porches and other habitable living space up to 300 sq. ft. (6) Maple Grove - not less than 5' on any one side and not less than 15' total (7) Lakeville - for lots of record established after February 16, 1999, additional setback requirements apply. Side yard 30' and rear yard 50' (8) St Louis Park - 5' less than average of existing homes 150' each direction