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HomeMy WebLinkAbout5.a. Zoning Ordinance TA EXECUTIVE SUMMARY Planning Commission Regular Meeting: May 12, 2020 Tentative City Council Meeting: June 2, 2020 AGENDA ITEM: 20-33-TA Zoning ordinance text amendment to Section 11-2-15: Single Family Detached Dwelling Requirements to update the maximum area of attached garages. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.a. ATTACHMENTS: Sample Ordinances APPROVED BY: KL RECOMMENDED ACTION: Motion to recommend the City Council approve the Text Amendment to the Zoning Ordinance Modifying the Single-Family Detached Dwelling Requirements Regarding the Maximum Allowable Size for Attached Garages. SUMMARY Over the past several years, City staff has received building permit requests that included attached garages that exceed 1,000 square feet, the maximum allowed by the zoning ordinance. Most commonly these have come from new construction on larger lots in the RR-Rural Residential zoning district. Staff has reviewed the ordinances of other communities as they relate to the maximum area of attached garages. Staff is recommending an amendment to the zoning ordinance to allow attached garage space up to 2,000 square feet so long as it doesn’t exceed the square footage of the living area of the house to which it is attached. This would ensure garage space is accessory to the principle use on the site, in this case a single-family detached dwelling. BACKGROUND Legal Authority. Text amendments are considered legislative actions. In such cases, the City has a lot of discretion in its deliberations and the outcome of the request. Discussion. The section of the zoning ordinance that defines the maximum area for attached garages is the general provisions for single-family detached dwellings. Staff interprets the intent of the requirement that attached garages be no more than 1,000 square feet in area as a way to ensure that the storage of vehicles remains secondary to the principal use, a single-family detached dwelling. This interpretation is partly due to the fact that the ordinance also includes a minimum gross floor area (excluding garage space) for single-family detached structures of 1,000 square feet. As staff has been approached by builders and homeowners in recent years about the construction of new homes or the expansion of existing attached garages, the interest in garages larger the 1,000 square feet has often been less about providing more space for the storage of vehicles and more so to accommodate additional storage, work benches or shop space, or on some occasions to accommodate a staircase leading to storage above the garage. The ordinance limit of 1,000 square feet often requires a homeowner to choose between the uses listed above and having enclosed space for a fourth vehicle. 2 Staff conducted a review of other municipalities’ ordinances as they relate to the maximum area of an attached garage. While Rosemount’s standard of 1,000 square feet is not out of line with that of other communities, staff did identify ordinances of several municipalities that differed in how they limited the maximum garage area. Those communities often based the maximum garage area on the size of the living space of the house to which they were attached, thereby ensuring that the garage is no larger than the living area of the house itself. Some communities specified that the garage cannot exceed the area of the first floor, with no limitation to the size of the garage. Staff is recommending an amendment that identifies a maximum 1,000 square feet to accommodate single-family detached dwellings that may not have all of their square footage on the first floor while still meeting the requirement of a minimum gross floor area (excluding garage space) of 1,000 square feet. At the same time, the amendment will allow the footprint of attached garages to be up to 2,000 square feet in area so long as they do not exceed 50% of the total footprint of the house, garage and living space combined. This will allow homeowners some flexibility to allow greater use of their property without the storage of vehicles becoming the principal function of a structure in Rosemount’s residential districts. Staff is recommending language related to the building footprint to acknowledge the potential for a garage to include a lower level on properties that feature a walkout basement. Woodbury’s ordinance calls out an exception to address this, but staff feels that can be accomplished without listing an exception. No other changes to lot standards are being proposed, so a property must still meet all setback and lot coverage requirements as well as any structural standards such as building height. Text Amendment. Staff is recommending the following amendment to 11-2-15: Single Family Detached Dwelling Requirements. F. All single-family dwellings shall be required to provide at least two (2) attached enclosed garage parking spaces no less than four hundred forty (440) square feet in area and no less than twenty feet (20') wide in either direction. The maximum allowable size for attached garages is one thousand (1,000) square feet in area. The maximum allowable footprint for attached garages is 1,000 square feet or 50 percent of the total footprint of the principal building (garage and living area combined), up to 2,000 square feet, whichever is greater. CONCLUSION & RECOMMENDATION This is the first time the ordinance is before the Planning Commission. Staff is asking for discussion from the Commission. If Commissioners are comfortable with the proposed ordinance language, staff is recommending approval of the Amendment. If not, the Commissioners should provide staff direction and modifications to the draft ordinance would be made. City Standard Woodbury Shall not exceed 1,000 square feet or 50 percent of the main floor area of the principal building, up to 2,000 square feet, whichever is greater. Exception: When garage space exists beneath garage space, only the area of the larger space shall be used to calculate the area of the garage space. If the garage spaces are equal in area, only one of the areas shall be calculated. Apple Valley The area of an attached garage shall not exceed the combined area of any living space located on the first floor of the primary residence. Plymouth 1,000 sf, but greater can be allowed via CUP Maple Grove 1,000 sf Lakeville 1,000 sf Eagan The area of an attached garage shall not exceed the footprint of the living area of the house.