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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 ' � . ���.. �. � C 1 TY O F RO S E M O U N T Z8�5-`iTMth"eet WeSt P.Q.Box 510 Ever thin s Comin U ROSemOu�'lt!! Rosemount,Mrv y g� g p 55068-0510 ��,'�� Phone:61 Z-423-441 l ���,�� �=i ;� � � ���;� Fax:61 Z-423-5z03 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 .. . . .. . . . .. . . . .� fh tedon�me cledN.vr.� et�n .0 �" .�unsurt+r•matrri�l.. . July 26, 1994 P.C. Meeting Reviews ~ ) Accessory Building Z.O. Text Amendment � � �. � Page Two 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%. k { ��i���'�'���;� � C I TY O F RO S E M O U N T Z875 C145th SAt eet West P.O.Box 510 Ever thin s Comin U Rosemount!! RosemoU�c,MN y g� g p 55068-0510 Phone:612-423-4411 Fax:612-423-5203 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 � Subscribed and sworn to before me this � y of - ' , 1994. � r j _��� C.L �,c�� Notary Public �,,;.,.•;d:rvwvvnr��,�:�;:.��.�vvwvW�wvW►*� DOlVNA L.QUINTttS � � NOiARY PUHLIGMINNESOTA DAKOTA COUNTY � My Com.mis�i�Expiros June 7.1999 •. . ,r-._. .,.,:•.,n�nnnnnnn�ti• .�.,,s�v��,.�+. .� .. � Pnnted on retyded paper� containing 30% poshconsumer materials. � � �-��,'��,� � ��, ��� ` CITY 4F ROSEMOU NT Z8�5-`�TMthA`�tW�t � P.O.Box 510 '��, Rosemount,MN � Everything's Coming Up Rosemount!! 55068-0510 -�`M �' �'` �' ��� �Phone:612-423-4411 � `�`+bb.x*as�� ..s . . � �.��;�� � Fax;612-423�-5203 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 P/ fC��OlI/PCK�PApdPPI . � . . . . .� onramin¢t0".. . . ,rn r.�onsumer marenals. r 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 . 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