HomeMy WebLinkAbout11. R-1A Single Family Residential District - Zoning Ordinance Text & Map AmendmentCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: September 8, 1992
AGENDA ITEM:
Zoning Ordinance Text and Map
Amendment/R-1A Zoning District
AGENDA SECTION:
OLD BUSINESS
PREPARED BY:
AGENDA NO.
Lisa Freese,
Director of Planning
ITEM # 11
ATTACBMENTS:
Proposed Ordinance; Proposed
APPROVED BY:
Zoning Map;
Hearing Notice; Zoning Ordinance
Text Amendment Petition.
G%`G�--
Since the Zoning Ordinance was revised in 1989, the Planning 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.
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 proposed setbacks are consistent with the pre -1989 setbacks, under
which this area was developed.
RECOMMENDED ACTION: A MOTION to recommend approval of the Zoning �,�
Ordinance Text Amendment creating the R -1A Single Family Zoning
District.
RECOMMENDED ACTION: A MOTION to recommend approval of the Zoning
Ordinance Map Amendment.
COUNCIL ACTION:'
09/08/92.011
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 65 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 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. Day-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 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. Day-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. Roo ers 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 Ordi#lance is amended to read:
MiniMum Lot Size (ft) Minimum Yards (ft) Other Standards
Districts
Zone=
Width(ft)
Area
Depth
Front
Side"
Rear
Maximum'
Density
Max Bid8
Ht(ft)
Max Zoe
Cover
GUOS/
Unit (of)
AG
N/A
300
2.5 AC
50
30
30
1/10 AC
50
N/A
N/A
AG -P
N/A
300
2.5 AC
50
30
30
1/40 AC
50
N/A
N/A
RR
NIA.2004
2.5 AC'
40
30
30
1/5 AC
35
N/A
N/A
RL
NIA
110
20,000
Igo
30
15
30
N/A
35
30%
N/A
R-1
NIA
g0
10,00@'
125
30'
10
30
NIA
35
30%
N/A
R -IA
NIA
g0
10,000'
125
30'
512
25
N/A
35
30%
N/A
R-2(SF)
N/A
100
12,000
120
30'
10
30
6/AC
35
30%
NIA
(3+F)
N/A
120
18,000
150
30'
30
30
61AC
35
75%
N/A
R-3
N/A
150
22,500
150
30'
30
30
IS/AC
35
75%
500
R-4
N/A
150
22,500
150
30'
30
30
40/AC
35
75%
500
C-1
1 AC'
150
15,000
125
30'
106
106
N/A
35
75%
N/A
C-2(CBD)
N/A
NIA
N/A
N/A
N/A
N/A
N/A
35
N/A
NIA
C-3
.5 AC
120
0.5 AC
30'
106
106
N/A
35
75%
N/A
C�3
1 AC
120
20,000
30'
106
106
N/A
35
75%
NIA
IP
5 AC
N/A
0.5 AC
30
31Y
307
NIA
40
75%
N/A
WM -
10 AC
N/A
5.0 AC
75
50'
50'
NIA
75
50%
N/A
IG
10 AC
N/A
5.0 AC
75
50'
50'
N/A
75
SO%
N/A
P
N/A
N/A
N/A
30
30'30'
NIA
40
75%
NIA
FW
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
' For additional requirements refer to Section 7.2, Supplementary Regulations; Section S. Off-street
Parking; and Section 9, Special Overlay Regulations.
m Unless contiguous to an existing such district.
' Three (3) acres maximum zone size.
4 300 feet width and 5-acm 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 W District.
Refer to Section 7.2 C.2.c. for buildings exceeding 35 feet in height.
' Unita/Gross Acre.
° Includes structures, paved parking area, and other impervious surfaces.
10 See Section 7.2 C.2.a. and 7.2 C.2.b.
" Comer Lots in R-1 shall have a minimum of 12,000 square feet in area.
n 5 feet for single story residences; 10 feet for two-story residences.
SE_ C_ TION 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
DISTRICTS
ACCESSORY BUILDINGS
A'IINIMUM YARDS (FT.)
FRONT SIDE REAR
MAXWUM
BUILDING HT. (Fr)
SURFACE PARKING
MINWUM YARDS (FT.)
FRONT SIDE REAR
AG
50
30 30
75
502
53
52
AG -P
50
30 30
75
502
53
52
RR
40
305 30
35
402
53
52
RL
30
15 15/30"
18
302
53
52
R-1
30'
105 5/304
18
302
103
102
R -1A
30'
55 5/254
18
302
53
102
R-2 (2F)
30'
105 5/304
18
302
53
52
(3+F)
30'
1105 10
18
30
10
10
R-3
30'
105 10
18
30
10
10
R4
50'
105 10
18
30
10
10
C-1
SA
FOR
PRINCIPAL
BUILDINGS
18
20
10
10
C-2
18 N/A N/A
N/A
C-3
25 20 10
10
C4
25 20 10
10
IP
40 20 15
15
IG
WM
75 40 25
50
75 40 25
50
P
40 20 20
20
FW
N/A 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.
3 Driveways shall comply with yard setback requirements for surface parking.
` 120 square feet or less in R-1, R-lA, 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 Fannin on Independent this day of ,
1992.
0
i
1
1
1
1
1
1
1
1
i
U,U 1U
Rua
m
PUB
I1
u
::::: >; ..
,r
war ate
m
PUB
I1
u
(pity of (Rosemount
PHONE (612) 4234411 2875 • 145th Street West, Rosemount, Minnesota
MAYOR
FAX (612) 423-5203 Mailing Address:
Edward B. Mc Menomy
P.O. Box 510, Rosemount, Minnesota 55068-0510
COUNCIIMEMBERS
Sheila Klassen
T bfic Notice
jt,/��';
James (Red) Staats
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 FAMILY DETACHED
RESIDENCE DIsTRmT.
Persons wishing to speak on these proposed amendments are invited to attend this meeting ori
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
6vertylking's coming (Up gosemouvdY
MEMORANDUM
TO: LISA'J. FREESE
DIRECTOR OF PLANNING, CITY OF ROSEMOUNT
FROM: MIKE' MILE IZL
DATE: August 14, 1992
RE: CREATION OF R-lA 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
STATUS OF APPLICANT:
Own Buyer Le
LOCATION: LotBlock Addi n
Street Address:
Metes & Bounds De ription Attached: _
Survey or Plo Ian Attached:
OTHER:
7.2 and any others that apply
REASON FOR REQUEST:
1. Change Zoning_ Ordinance Text to allow homes built with 5 foot
side yard set backs to use that standard for property improvements
by creating a new Single -Family Detached District.
2.
3.
t
Signature of Applicant:
Application received by. sC � i� Date
00 0161/,
Fee: S�0 " How Paid. Date4
Planning Commission Action:
�.�.Ae;
Date:
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." "
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 Rasemc
a Zoning Ordinance Text Ammendment to
Section 6.5 - R1 Single Family Detached Resid
District (page 16)
Section 7.1 - Dimensional Standards (page 27
Section 7.2 part 6 —Supplementary Regulation
Name Building Type and Construction
/j/WBuildings and Surface Parking
In each section,
the side -yard setbacks were .changed froi
�! 14' for one story buildings and surface parking in 1989.
d
undersigne, respectfully y re quest that the side -yard sett
/ homes built before the change be reinstated to the formei
standards of 5' by the creation of a new district zone.
(Check marks indicate those who were willing to contribL
the cost of filing the Text Ammenment)
Name
`
Address
o
v a
/SSC._ 6z: -
a