HomeMy WebLinkAbout6.g. Set Public Hearing - Zoning Ordinance Text Amendment / R-1A Zoning DistrictCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: August 18, 1992
AGENDA ITEM: Set Public Hearing - Zoning
Ordinance Text Amendment/R-1A Zoning District
AGENDA SECTION:
NEW BUSINESS
PREPARED BY:
Lisa Freese,
Director
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of Planning
ATTACHMENTS:
Proposed Ordinance; Proposed
APPROVED B .
Zoning Map;
Hearing Notice; Letter Requesting
Q
Legal Opinion; Z.O. Text Amendment Petition.
Since the Zoning Ordinance was revised in 1989, the flannikig Commission has
seen a significant increase in the number of variance requests,
particularly in the older established neighborhoods. As a result of the
changes in 1989, many of these homes were made legal nonconforming with
regard to side yard setbacks.
Many of these homeowners are choosing to improve their homes and
properties, but, now, are required to meet the new setbacks. It is often
difficult to put on additions or build accessory garages on their property
and meet current setbacks because of how the house was sited under old R-1
Single Family District requirements. To grant a variance in this instance
is difficult, because of the stringent findings that must be made.
Since my arrival, the Planning Commission has expressed concern about this
situation. At the July 28, 1992 meeting, after considering such a variance
request, the Planning Commission directed Planning staff to look at the
setback requirements in the older part of the City. In addition to the
Planning Commission request, a petition was submitted by the residents of
the Broback Tenth Addition.
Planning staff suggested that another Zoning District be created. In this
new district, side yard setbacks would be five feet for single story houses
and ten feet for two-story houses. The rear setback would be 25 feet
instead of 30 feet. The area of the City in which this Zoning District may
be appropriate are identified (shaded area) on the attached Zoning Map.
The Zoning Ordinance and Map Amendment will require a Public Hearing. We
have requested a legal opinion from City Attorney Mike Miles about the
notification requirements. After discussion amongst staff, however, we are
recommending that all affected property owners be notified. There are
approximately 975 residences and the mailing will take a significant amount
of time to prepare. Therefore, Planning staff recommends that the City
Council schedule a Public Hearing for September 15, 1992 at 8:00 p.m.
RECOMMENDED ACTION: A MOTION to schedule a Public Hearing for a Zoning
Ordinance Text and Zoning Map Amendment for Tuesday, September 15, 1992
to begin at 8:00 p.m. or as soon thereafter as possible.
COUNCIL ACTION:
8-18-92.002
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS:
SECTION 1. Section 6.5 R-1 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT of
Ordinance B - City of Rosemount Zoning Ordinance is amended to read as follows:
SECTION 6.5 R-1 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT
A. Purpose and Intent This is a low density residential district that is intended to accommodate
newer single family detached housing development within the Metropolitan Urban Service
Area.
B. Uses Permitted by Right
1. Single-family detached dweltiM, private garages, and accessory structures.
2. Day-care centers licensed by the State of Minnesota for twelve (12) or fewer persons.
Unlicensed centers shall comply with the requirements for Customary Home Occupations.
3. Residential facilities licensed by the State of Minnesota serving six (6) or fewer persons.
4. Home occupations subject to requirements established in Section 4.16 of this Ordinance.
5. Dav-care centers nursed and montessori schools licensed by the State of Minnesota
provided they are located within an elementary, junior high, or senior high school or a
religious institution.
6. Private non-commercial recreation subject to the restrictions established in Section 6.3 B4.
7. Roomers subject to the restrictions established in Section 6.3 B3.
C. Uses Permitted by Planned Unit Development (PUD)
1. Single-family detached cluster housing
SECTION 2. Section 6 DISTRICT REGULATIONS, of Ordinance B - City of Rosemount
Zoning Ordinance is amended by adding the following:
SECTION 6. R -1A SINGLE-FAMILY DETACHED RESIDENCE DISTRICT
A. Purpose and Intent This is a low density residential district intended to preserve the
character of existing single family neighborhoods platted on or before 1979 within the
Metropolitan Urban Service Area. Dwelling units within this district are intended to be
connected to the public sewer and water systems.
B. Uses Permitted by Right
1. Single-family detached dwellings, private garages, and accessory structures.
2. Day-care centers licensed by the State of Minnesota for twelve (12) or fewer persons.
Unlicensed centers shall comply with the requirements for Customary Home Occupations.
3. Residential facilities licensed by the State of Minnesota serving six (6) or fewer persons.
4. Home occupations subject to requirements established in Section 4.16 of this Ordinance.
5. Dav-care centers, nursery and montessori schools licensed by the State of Minnesota
provided they are located within an elementary, junior high, or senior high school or a
religious institution.
6. Private non-commercial recreation subject to the restrictions established in Section 6.3 B4.
7. Roomers subject to the restrictions established in Section 6.3 B3.
C. Uses Permitted by Planned Unit Development (PUD)
1. Single-family detached cluster housing
SECTION 3. Section 7.1 DIMENSIONAL STANDARDS of Ordinance B, City of Rosemount
Zoning Ordinance is amended to read:
Minimum Lot Size (ft) Minimum Yards(ft) Other Standards
Districts
Zone'
Ridth(ft)
Area
Depth
Front
Side1°
Rear
Maximum'
Density
11fax Bldg
Ht(ft)
Atex Lot'
Cover
QUOS/
Unit (sf)
AG
NIA
300
2.5 AC
50
30
30
1/10 AC
50
NIA
N/A
AG -P
N/A
300
2.5 AC
50
30
30
1/40 AC
50
NIA
N/A
RR
N/A
200`
2.5 AC
40
30
30
1/5 AC
35
N/A
N/A
RL
N/A
110
20,000
180
30
15
30
N/A
35
30%
N/A
R-1
NIA
80
10,000'
125
305
10
30
N/A
35
30%
N/A
R -IA
N/A
80
10.000'
125
305
5`
25
NIA
35
30%
N/A
R-2 (SF)
NIA
100
12,000
120
305
10
30
6/AC
35
30%
N/A
(3+F)
N/A
120
18,000
150
305
30
30
6/AC
35
75%
N/A
R-3
N/A
150
22,500
150
305
30
30
18/AC
35
75%
500
R-4
N/A
150
22,500
150
305
30
30
40/AC
35
75%
500
C -I
I AC'
150
15,000
125
305
106
101
N/A
35
75%
N/A
C-2(CBD)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
35
N/A
N/A
C-3
.5 AC
120
0.5 AC
30'
106
106
N/A
35
75%
NIA
C-4
1 AC
120
20,000
30'
106
106
N/A
35
75%
NIA
IP
5 AC
N/A
0.5 AC
30
30'
30'
NIA
40
75%
N/A
WNI
10 AC
N/A
5.0 AC
75
50'
50'
N/A
75
50%
N/A
IG
10 AC
N/A
5.0 AC
75
50'
50'
N/A
75
50%
N/A
P
N/A
N/A
N/A
30
30'
30'
N/A
40
75%
N/A
FW
NIA
N/A
NIA
N/A
N/A
N/A
ir7N/A
NIA
NIA
N/A
' For additional requirements refer to Section 7.2, Supplementary Regulations; Section 8, Off-street
Parking; and Section 9, Special Overlay Regulations.
2 Unless contiguous to an existing such district.
' "three (3) acres maximum zone size.
` 300 feet width and 5 -acre lot size minimum when land is not platted.
' Refer to Section 7.2 CA.a. for established front yards.
6 30 -foot minimum side or rear yard where abutting an "R" District.
Refer to Section 7.2 C.2.c. for buildings exceeding 35 feet in height.
' Units/Gross Acre.
' Includes structures, paved parking area, and other impervious surfaces.
0 See Section 7.2 C.2.a. and 7.2 C.2.b.
" Corner Lots in R -I shall have a minimum of 12,000 square feet in area.
u 5 feet for single story residences; 10 feet for two-story residences.
SECTION 4. Section 7.1 DIMENSIONAL STANDARDS, Subsection 6.
Accessory Buildings of Ordinance B, City of Rosemount Zoning Ordinance is
amended as follows:
Dimensional Standards for Accessory Buildings and Surface Parking
ACCESSORY BUILDINGS SURFACE PARKING
MININII.m YARDS (FT.) MAXIMUM i41INI1VIUNI YARDS (FT.)
DISTRICTS FRONT SIDE REAR BUILDING HT. (FT) FRONT SIDE REAR
AG
50 30
30 75
502
53
52
AG -P
50 30
30 75
502
53
5' -
RR
40 305
30 35
402
53
5' -
RL
30 15
15/30' 18
302
53
5
R-1
30' 105
5/30° 18
30'-
103
102
R -1A
30' 55
5/25° 18
302
53
102
R-2 (2F)
30' 105
5/304 18
302
53
52
(3+F)
30' 105
10 18
30
10
10
R-3
30' 105
10 18
30
10
10
R-4
50' 105
10 18
30
10
10
C-1
18
18
S AME 25
FOR 25
PRINCIPAL 40
BUILDINGS 75
75
40
N/A
20
10
10
C-2
N/A
N/A
N/A
C-3
20
10
10
C-4
20
10
10
IP
20
15
15
IG
40
25
50
W 1i
40
25
50
p
20
20
20
Fw
N/A
N/A
N/A
' Or the Required Front Yard as may be prescribed by Section 7.2 C. Established Front Yards.
2 Except parking may occur within a normal driveway that crosses a required yard.
' Driveways shall comply with yard setback requirements for surface parking.
120 square feet or less in R-1, R -1A, and R-2 District: five-foot (5') setback; in RL District: fifteen -
foot (15') setback; except double frontage or corner lots: thirty-foot (30') setback. Over 120 square
feet: thirty-foot (30') setback.
5 See Section 7.2 C.2.a. and 7.2 C.2.b.
SECTION 4. This ordinance shall be effective immediately upon its passage and
publication according to law.
ADOPTED this day of , 1992.
CITY OF ROSEMOUNT
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published in the Farmington Independent this day of
1992.
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Proposed R -1a Zoning District
(Pity of Rosemount
PHONE (512) 4234411 2675 - 145th Street West, Rosemount, Minnesota MAYOR
Edward B. MCMenomy
FAX (612) 423-5203 Mailing Address:
P O. Box 510, Rosemount, Minnesota 5 5068-0 51 0 COUNCILMEMBERS
Sheila Klassen
James (Red) Staats
Public Notice Harry Willcox
Dennis Wippermann
ADMINISTRATOR
Stephan Jilk
ORDINANCE B, CITY OF ROSEMOUNT ZONING ORDINANCE TEXT AMENDMENT
AND THE CITY OF ROSEMOUNT ZONING MAP
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public
hearing on Tuesday, September 1, 1992 in the Council Chambers of the City Hall, 2875 145th
Street West, beginning at 8:00 p.m. or as soon thereafter as possible.
The purpose of this hearing is to receive public input and comments on a proposed text
amendment to Ordinance B - City of Rosemount Zoning Ordinance and City of Rosemount
Zoning Map. At this Public Hearing the City Council will consider creating a new Zoning
District which would encompass specific older single family developments within the City.
The identified districts would be governed by the side yard setback requirements that were
established in the Zoning Ordinance prior to adoption of the current ordinance in 1989. This
new Zoning District is proposed to be identified as R -1A SINGLE FANHLY DETACHED
RESIDENCE DISTRICT.
Persons wishing to speak on these proposed amendments are invited to attend this meeting on
Tuesday, September 15, 1992 at 8:00 p.m.
Dated this 18th day of August, 1992.
Susan M. Walsh, City Clerk
City of Rosemount
Dakota County, Minnesota
vert��huzgrs �om>ng
(T6 gosemouvnl.1.1
(Pity of ( Rosemount
PHONE (612) 423-4411 2875 - 145th Street West, Rosemount. Minnesota MAYOR
FAX (612) 423-52C3 Mailing Address: Edward B. McMenomy
P 0, Box 510. Rosemount. Minnesota 55068-0510 COUNCILNEMBERS
Sheila Klassen
James (Red) Staats
August 12, 1992 Harry Willcox
Dennis Wippermann
ADMINISTRATOR
Stephan J,Ik
Mike Miles
Hertogs, Fluegel, Sieben, Polk, Jones, & LaVerdiere
999 Westview Drive
Hastings, MN 55033
RE: Creation of R-lA District Notification Requirements
Dear Mike:
At their meeting on August 11, 1992, the Planning Commission recommended that the City
Council schedule a Public Hearing to receive public input on a proposed amendment to
Ordinance B - City of Rosemount Zoning Ordinance and the Zoning Map. The Public Hearing
will most likely be held on September 1, 1992.
Adoption of this amendment proposal would result in the creation of a new Zoning District (R-
AA) that would encompass specific older developments within the City. The identified districts
would be governed by the setback requirements that were established in the Zoning Ordinance
prior to adoption of the current ordinance in 1989.
The proposed R -1A District would affect several hundred property owners. My question is
this: Would the City be required to notify each individual property owner that would be
affected by the creation of the R -1A Zoning District, or would publication of the Notice of
Public Hearing in the City's officially designated newspaper meet minimum notification
requirements?
I am requesting_ your response to me, in writing, by Thursday, August 13th, by noon to enable
me to include your legal interpretation in the City Council packets.
Thank you.
Sincerely,
Lisa J. Freese
Director of Planning
ver �t�tn y s �ominq (, %L -p osemount 11
MEMORANDUM
TO: LISA J. FREESE
DIRECTOR OF PLANNING, CITY OF ROSEMOUNT
%/
FROM: MIKE MILES/i/
DATE: August 14, 1992
RE: CREATION OF R -1A DISTRICT NOTIFICATION REQUIREMENTS
You have asked whether your decision to modify Ordinance B - City
of Rosemount Zoning Ordinance by creating a new zoning district R-
lA requires individual notice to all of the affected property
owners.
In response to your question I would direct your attention to
Section 16.2 D. of Ordinance B which reads as follows:
Public Hearing No amendment to this ordinance shall be
considered until a public hearing has been held by the
City Council. A notice of the time, place and purpose of
the hearing shall be published in the City's official
newspaper, at least ten (10) days prior to the hearing.
Amendments affecting changes in zoning districts shall
require mailed notice to each property owner within 350
feet of the affected property However, zoning changes in
the Agriculture District, Agriculture Preserve and Rural
Residential Districts shall require mailed notice to each
property owner within 1/4 mile of the affected property.
The City shall use its available records to determine the
names and addresses of property owners. Failure to give
notice to individual property owners or defects in the
notice shall not invalidate the proceedings, provided a
bona fide attempt was made to comply with these
provisions.
As you will observe from reading the foregoing, Ordinance B does
require individual notice to affected property owners or at least
a bona fide attempt to give such notice. Section 16.2 D also
requires that notice be published in the City's official newspaper.
Please contact me if you have any questions.
No:
Date: 8-4-92
City of Rosemount
ZONING ORDINANCE TEXT AMENDMENT PETITION
Applicant: Marcia Tyma, Joan Plan, Petitioners Phone: 423-3269
Address: 3582 147th St. W., Rosemount, MN 55068
STATIIJS OF APPLICANT:
LOCATION: Lot Bloc
Street Address:
Metes & Bounds Di
Buyer Lessee/ OTHER:
Add
on Attached:
Survey or Plo Ian Attached:
ected ection s Sections 6. 5 . 7 . 1 , 7.2 and anv others that apply
REASON FOR REQUEST:
1. Change Zoning Ordinance Text to allow homes built with 5 foot
side vard set backs to use that standard for property improvements
by creatine a new Single -Family Detached District.
2.
3.
Signature of Applicant:
NL
Application received by. ei1� ��(�(,( AL L Date:
00
Fee: S — How Paid: Date ;4""" I,t
J
Planning Commission Action:
J
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Da:e•
The homeowners who signed the attached petition live in
homes that were built prior to the side yard setback change.
In most cases, the homes were situated on the lot so that at
least one side is less than 10 feet from the side yard property
line. Under the current standards, these homeowners are not
allowed to make any improvements to their property using the
existing lines of the dwelling, i.e. additions, decking, patios
or surface parking. They must adjust their construction, changing
the line of the structure, to comply with current standards, or
not do the construction. Many of these homes were purchased as
starter homes with future expansion plans in mind. As an example:
The home at 3582 147th Street West was purposely placed 8 feet
from one side yard and 17 feet from the other at the time of
construction to allow for a 12 foot wide future drive -way (in
compliance with the then existing setback). The ongoing plan
was to convert the living room to a dining room, build a detached
garage with a new drive -way and convert the existing attached
into a living room as finances allowed. In 1987, under the
advisement of a city official, the placement of the garage and
drive -way were planned in accordance with the then existing
set backs, and the garage slab was poured. In the interim, the
side yard set backs have been changed to 10 feet so the garage
cannot be built on the slab nor can the drive -way be more than
7 feet wide.
Many of these homeowners feel that the improvement plans
they once had for their property is now impossible under the
new standards or that adjusting their plans to meet the new
standards would make the improvement illogical or unsightly.
Many have abandoned their improvement plans and are considering
moving.
It is the opinion of the petition signers that homes that
were built before the set back change were not taken into consid-
eration when the change was made. It is also their opinion that
homes that were built with a 5 foot set back should be allowed
to use that standard for all future improvements to their property.
Many voiced the opinion, "The city changed the rules in the middle
of the game and are now saying "Play by the new rules or move." it
We feel we should have the same rights as others to make improvements
complimenting the original architectural lines of the structure.
We, the undersigned, wish to petition the City of Rosemount for
a Zoning Ordinance Text Ammendment to
Section 6.5 - R1 Single Family Detached Residence
District (page 16)
Section 7.1 - Dimensional Standards (page 27)
Section 7.2 part 6 - Supplementary Regulations -
Building Type and Construction, Accessory
Buildings and Surface Parking (page 29)
In each section, the side -yard setbacks were changed from 5' to
10' for one story buildings and surface parking in 1989. We, the
undersigned, respectfully request that the side -yard setbacks for
homes built before the change be reinstated to the former minimum
standards of 5' by the creation of a new district zone.
(Check marks indicate those who were willing to contribute toward
the cost of filing the Text Ammenment)
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