HomeMy WebLinkAbout6.a. Garage TA
EXECUTIVE SUMMARY
Planning Commission Regular Meeting: May 26, 2020
Tentative City Council Meeting: June 16, 2020
AGENDA ITEM: 20-33-TA Zoning Ordinance Text
Amendment to Section 11-2-15: Single
Family Detached Dwelling Requirements
to Modify the Maximum Area of Attached
Garages.
AGENDA SECTION:
Old Business
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.a.
ATTACHMENTS: Excerpt from the May 12, 2020, Planning
Commission Meeting Minutes; 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. Following
the discussion that took place during the May 12 public hearing, staff is recommending an amendment to
the zoning ordinance to allow the footprint of attached garages to be no more than 50% of the gross floor
area of the house (living area and garage combined), up 1,500 square feet. This would ensure garage space
is accessory to the principal use on the site, in this case the single-family detached dwelling. Anyone
wanting to build a garage larger than 1,500 square feet would need to go through the variance process.
May 12, 2020 Planning Commission Meeting
The proposed text amendment was discussed during the Planning Commission’s public hearing on May
12, 2020. Generally, the Commission was agreeable with the idea of updating the maximum area of
attached garages, but the Commission felt the language in the ordinance could be clearer. Additionally, the
Planning Commission felt that the 2,000 square foot limit might be too high. Finally, the Commission
discussed allowing larger garages through a conditional use permit. Staff is apprehensive in using the
conditional use permit process as neighbors often think if there is a lack of local support the permit will be
denied. As the Commission is aware, if the CUP standards are met, the permit should be approved. It
seems unlikely that there would be standards that are ambiguous enough that the outcome would be
uncertain. The Planning Commission voted to continue the public hearing to the May 26, 2020 meeting to
allow staff the opportunity to refine the proposed amendment.
2
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. Following the discussion that took place during the Planning Commission’s public hearing,
staff discussed refinements to the proposed amendment that would reflect some of the feedback provided
by the Commission. The first change from the first draft ordinance amendment is that the maximum area
for the footprint of a garage is reduced from 2,000 square feet to 1,500 square feet. This square footage is
enough to accommodate a 4-stall garage while also allowing some additional storage or shop space without
having to construct additional partition walls to separate those areas from the area used for parking
vehicles. In the past, staff has required that suggestion in order to comply with ordinance standards.
The second change is to the wording of the proposed amendment. Originally, staff had proposed 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. Staff is proposing that the
ordinance be amended to: The footprint of an attached garage is a maximum of 1,000 square feet but can be increased
up to a maximum of 1,500 square feet so long as the garage does not exceed 50 percent of the gross floor area of the principal
building (garage and living area combined). Staff initially was not going to add the 1,000 square foot maximum
since houses in Rosemount are required by ordinance to contain 1,000 square feet of living space.
However, there are many houses that were built prior to the ordinance adoption and we don’t want to
unintentionally reduce the amount of permitted attached garage space on those houses. Staff recognizes
that the writing is awkward but there are two differing points to make, most houses will be able to have
1,000 square feet of attached garage and those houses larger can go up to 1,500 square feet so long as the
structure’s living space remains larger than the attached garage.
If a property owner wishes to exceed the maximum expressly allowed by the zoning ordinance, they would
have to go through the variance process which would require a public hearing, and findings would need to
be made with regards to a decision to grant or deny a variance. The proposed amendment leaves in place
all other lot standards such as required setbacks and the maximum lot coverage, which may end up being a
bigger limiting factor when considering a larger garage.
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 footprint of an attached garage is a maximum of 1,000 square feet but can be increased up to a
maximum of 1,500 square feet so long as the garage does not exceed 50 percent of the gross floor area of
the principal building (garage and living area combined).
CONCLUSION & RECOMMENDATION
Because there is not an application tied to this proposed amendment, the City is not held to the 60-day rule
to take action on this item. Staff believes that the Commission’s comments have been incorporated into the
proposed amendment. Therefore, if Commissioners are comfortable with the proposed ordinance language,
staff is recommending approval of the Amendment. If not, the Commissioners should provide staff further
direction and modifications to the draft ordinance would be made.
5.a. Zoning Ordinance Text Amendment to City Code Section 11-2-15: Single Family Detached Dwelling
Requirements to update the maximum area of attached garages. (20-33-TA)
Planner Nemcek gave a summary of the staff report for the Planning Commission.
Commissioner Reed inquired about more clarification on the proposed change to the ordinance, indicating at written the
draft is not clear. Nemcek stated that the specific language is needed if we want to permit some larger garages for larger
homes. All other setbacks and hard surface coverage requirements would need to be met.
Commissioner VanderWiel inquired how many applications come to the City for this specific request. Nemcek stated
that the City gets about one application request per year. VanderWiel inquired why the City wouldn’t use the CUP
process because the proposed change to 2,000 square feet seems rather large for most areas in Rosemount. Community
Development Director Lindquist stated that if the applicants meet the CUP conditions they would be approved for the
permit. The CUP process involves a public hearing and if the neighbors are opposed then they feel like they can
persuade the City to not approve the request, which is not the case if conditions are met. You would also need a rather
large property in order for this to be approved.
Chair Kenninger questioned what happens if someone came in today with the request, what would happen. Lindquist
stated that staff would work with the resident to change the plan since a variance would be hard to support.
Commissioner VanderWiel stated by using the CUP we could at least have a say in how the garage would look to
prevent it from looking like an eye sore.
Commissioner Rivera stated that seeing that this topic doesn’t come up very often we could change the code in order to
not clog up the system with unnecessary future applications.
Lindquist stated that staff will take another look at this and maybe the proposed square footage number needs to
change.
Commissioner Freeman stated that there could possibly be a lower number that would work.
The public hearing opened at 6:57 pm.
Public Comments: None.
MOTION by Kenninger to close the public hearing.
Second by VanderWiel.
Ayes: 7. Nays: 0. Motion Passes
The public hearing was closed at 7:00 pm.
Additional Comments: None.
MOTION by Kenninger to continue item to the May 26, 2020 Planning Commission Meeting.
Second by VanderWiel.
Ayes: 7. Nays: 0. Motion Passes
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.