HomeMy WebLinkAbout5. Zoning Ordinance Text Amendment for Accessory Structures t � City of Rosemount
Executive Summary for Action '
City Council Meeting Date: September 6, 1994 �
Agenda Item: Zoning Ordinance Text Agenda Section:
Amendment: Accessory PUBLIC HEA.RING
Structures
Prepared By: Richard Pearson Agenda No:
Assistant Planner '�E� � �
Attachments : P.C. Memo; Public Notice; Approved By:
Draft Ordinance.
The attached zoning ordinance text amendment will create some
ability for residents in the Rural Residential and Ag�iculture
Districts to build accessory structures larger than the current
maximum of 1, 200 square feet. The amendment also attempts to make
the accessory structure language "user friendly."
The Planning Commission discussed the amendment on July 26th and
again on August 9, 1994 when they passed a motion to recommend
approval. It should be noted that discussions centered on existing
standards that would be unaffected by the amendment.
Every year Planning staff responds to requests for accessory
structures in the Rural Residential and Agriculture Districts .
Pole barns are prohibited on non-agricultural uses of less than 20
acres, west of Akron Avenue. The original intent of the ordinance
was to eliminate or reduce rural home occupations that tend to
accumulate junk cars and debris as a by-product.
Other requests have to do with size. A structure as large as 3, 000
square feet can be attached to a house and called an attached
garage. Detached accessory buildings and garages are limited to
1, 200 square feet total . The text amendment xecommendation is
intended to provide some flexibility to the size limitation while
still providing the needed prohibitions . This is in light of 'the
fact that several people have recently constructed massive
"attached" garages .
Recommended Action: A MQTION to adopt Ordinance No. B-46 AN
ORDINANCE AMENDING ORDINANCE B - CITY OF RO5EMOUNT ZONING
ORDINANCE for the regulation of detached accessory structures in
the Rural Residential and Agriculture Districts west of Akron
Avenue .
City Council Action:
9-06-94.PbIHrg '
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TO: PLANNING COMNIISSION
FROM: RICHARD PEARSON, ASSISTANT PLANNER
DA�: Jui.Y 21, 1994
S[tsT: Ju�.Y 26, 1994 ItEGu�.�t 1VIEE'rnvG REv�ws AG�vna I� 6s.
ATTAC�Iv'rs: Application; Survey; Fxcerpt of Current Ordinance.
6b. Zoning Ordinance Text Amendment: Accessory Structures - Rura1 Residential District
(Badger Basen: 12250 Cobblestone Lane)
PttOPos�,:
Mr. Badger Basen lives in the Rura1 Residential district on a 4 acre lot. He owns a 40 foot
long motor home RV and is required to store it within a building according to the restrictive
covenants of his neighborhood development. To accomplish this, he wants to construct a 1500
sq. ft. building which is 300 sq. ft. larger than the maximum area allowed'for an accessory
structure including detached garages.
A variance was discussed originally to process the request. However, there was difficulty with
establishing the "hardship" needed according to the findings required to grant a variance. There
might also be circumstances in which other property owners in the rural residential district may
want a large accessory building - especially in Mr. Basen's neighborhood.
DISCUSSION:
Accessory structures are regulated in a variety of ways by other Cities. I have assembled
information from neighboring cities for comparison purposes.
APPLE VALLEY LOW DENSITY RESIDENTIAL DISTRICTS:
Maximum size is 750 sq. fi. which is equivalent to a detached three-car garage. '
BURNSVII..LE RESIDENTIAL DISTRICTS:
Accessory structures exceeding 1000 sq. ft. require a conditional use permit.
INVER GROVE HEIGHTS:
Single family uses limit accessory structures to 1000 ft. sq.
LAKEVII.LE:
MAXIMUM LOT COVERAGE MAXIMl1M SIZE
R A (Residential Agriculture) . 3 % . . . . . . . . . . . 13,0687 sq. ft.
_ R-1 (Estate Residential) . . . . . . . 10 % . . . . . . . . 2,000 sq. ft. ;
R-2 (Urban Residential) . - - . . . 10 % . . . . . . . . . . . 1,100 sq. ft.
similar to Rosemount's R-1 single family residential
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July 26, 1994 P.C. Meeting Reviews ~ )
Accessory Building Z.O. Text Amendment
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Cootv Rapms had an interesting approach which provides some flexibility:
768 sq. ft. or 75% of the,flvor area of the dwelling unit whichever is larger to a maximum
.. _ of 1200 sq.ft.
Ros�otm�r:
1 Z00 sq. ft. for Rural Residenrial or non-agriculture uses on less than 20 acres west of
� Akron Avenue.
Some of the above cities may not have the same type of rural residential uses if their residential
land is generally within the Metropolitan Urban Service Area (MUSA). Lakeville makes such a
distinction between R-1 and R-2 and 3 with the latter two being in the MUSA with sewer and
water.
CONCLUSION
The important aspect of raising the allowable size requirements for accessory structures is
ensuring that the residential use remains the principal use in terms of function as well as
appearance. To that end, no accessory structure in a residential setting should be similar in size
or larger than the principal structure which is the dwelling unit. The solution is to lirnit the size
of accessory structures to be proportionately smaller than the principal structure.
Anotl�er concern is the possible proliferation of undesirable home occupations in the rural
residential district. There are restricrions on home occupations that are intended to eliminate
the nuisances of some home occupations. Additional current standards require compatibility of
accessory structures with dwelling units aesthetically through the use of like materials and the
requirement for minimum roof pitch and shingles for buildings exceeding i50 sq. ft.
RECOlvIl1TENDATION
Planning Staff recommends a text amendment allowing an increase in the maxunum area
standard for accessory structures in the Rural Residential districts based upon the following
criteria:
1. Accessory buildings over 150 sq. ft. in size shall ha�e a minimum 3:12 roof pitch;
2. Roofs shall be shingled with asphalt, wood or tile to match the home;
3. An adequate number of windows shall be provided to break up the solid plane or
exterior walls to simulate the character of the home;
4. Siding which is identical or closely matches the home shall be incorporated in the
design of the accessory building;
5. The maximum aga egate area for accessory structures shall not exceed fifty percent of
_ the area of the principal structure including attached garage;
6. The minimum setback standards for accessory structures exceeding 150 sq. ft. shall be
the same as principal structures; and
7. Maximum lot coverage shall not esceed 10%.
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Affidavit of Posted Hearing Notice
TEXT AMENDMENT TO ORDINANCE B - CITY OF
ROSEMOUNT ZONING ORDINANCE
(Accessory Structures)
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) SS
CITY OF RO5EMOUNT )
Susan M. Walsh, being first duly sworn, deposes and says:
I am a United States citizen and the duly qualified Clerk of the City of Rosemount,
Minnesota..
On August 19, 1994, acting on behalf of the said City, I posted at the City Hall, 2875
145th Street West, Rosemount, Minnesota, a copy of the attached notice of a Public
Hearing for consideration of a text amendment to Ordinance B - City of Rosemount
Zoning Ordinance regarding specific requirements for the permitting of arr increase in
maximum area for accessory structures in the RR Rural Residential District as outlined ,
in said notice.
,
Sus ' M. Wal
Ci Clerk
City of Rosemount
Dakota County, Minnesota
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Subscribed and sworn to before me this � y of - ' , 1994.
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Public Notice
TEXT AMENDMENT TO
CITY OF ROSEMOUNT ZONING ORDINANCE
(Accessory Structures) r
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public
hearing to consider the item listed below on Tuesday, September 6, 1994 in the Council
Chambers of the City I3all, 2875 145th Street West, beginning at 8:00 p.m. or as soon
thereafter as possible.
The purpose of this hearing is to consider a text amendment to Ordinance B - City of
Rosemount Zoning Ordinance to provide flexibility to the size limitation for accessory
structures in the Rural Residential and Agriculture Districts west of Akron Avenue and
establishing criteria and conditions for approval.
A copy of the proposed amendment is available for review and comrnent at City HaII
located at 2875 145th Street West, between the hours of 7:30 a.m. to 4:00 p.m„ Monday
through Friday.
Persons wishing to speak on the proposed amendment are invited to attend this public
hearing on TuesdaY. Se.�tember 6. 1994 at 8:00 p.m. Formai written comments will also
be accepted prior to the meeting date. Please forward all comments and inquiries to the
Planning Department.
Dated this 19nd da.y of August, 1994.
� Su M. Wals , City Clerk
City of Rose unt
Dakota County, Minnesota
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City of Rosemount
Ordinance No. B-46
AN ORDTNANCE A.MENDING ORDINANGE B
CITY OF ROSEMOUNT ZO1vING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS:
S�CTION I. Section 7.2 SUPPLEMENTARY REGULATTONS of Ordinance B - City of
Rosemount Zoning Drdinance is amended to read as follows:
6. Accessory Buildings: Prefabricated metal storage buildings are limited to one
hundred twenty (120) square feet maximum area in the R-1, R-1A, R-2; RL, RR,
and AG (under twenty (20) acres and/or for non-agricultural use west of Akron
Avenue) Districts. _
Maxiinum aggregate total for any accessory building(s), excluding attached garage,
is one thousand (I,000) square feet in R 1, R IA, R-2, and RL Districts.
Maximum aggxegate total for any accessory building(s), excluding attached garage,
is one thousand two hundred{I,200) square feet in the RR or AG (under twenty
(20) acres and/or for non-agricultural use west of Akron Avenue) Districts.
Any accessory building in the R 1, R-1A, R-2, RL, RR, orAG (under twenty(20)
acres and/or for non-agricultural use west o£Alcron Avenue) Districts over one
hwndred fifty (I50) square feet must be constructed of materials comparable with
and complimentary to the principal structure. Comparable txeatment includes the `
following requirements:
a. A minimum 3:12 roof pitch;
b. Roofs shall be shingled with asphalt, wood, or tile to match the home
(principal building).
c. Adequate nwmber of windows shall be provided to break up the solid plane or
e�cterior walls to simulate the character of the home (principal buildixtg).
d. Siding which is identical or closely matches the home (principal building) shall
be incorporated into the design of the accessory building.
EXCEPTIONs: In the RR or AG (under twenty (20) acres and/or for non-
agricultural use west of Akron Avenue) Districts accessory structures may
exceed one thousand two hundred (I,200) square feet under the following
circumstances:
a. The maximum aggregate area for accessory structures shall not exceed fifty
(50) percent of the ground floor area of the principal building, includi�ng
attached garage:
Ord#B-46
Page 1 of 2
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b. Maxiinum lot caverage shall not exceed ten (10) percent impezvious
surface.
SECTION IV. This ordinance shall be effective immediately upon its passage and
publication accarding to law.
Enacted and ordained into an Ordinance this day of , 1994.
CITY OF ROSEMOUNT
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published in the Rosemount Town Pages this day of > 1994.
Ord#B-46
Page 2 of 2