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HomeMy WebLinkAbout6.i. Zoning Ordinance Text Amend. to Section 11-2-15- Single Family Detached Dwelling EXECUTIVE SUMMARY City Council Regular Meeting: June 16, 2020 AGENDA ITEM: Zoning Ordinance Text Amendment to Section 11-2-15: Single Family Detached Dwelling Requirements to update the maximum area of attached garages AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.i. ATTACHMENTS: Ordinance; Excerpt from the May 12 and May 26, 2020 Planning Commission Meeting Minutes; Ordinance Comparison APPROVED BY: LJM RECOMMENDED ACTION: Motion to Adopt an Ordinance Amending the City of Rosemount Zoning Ordinance B, Relating t the Maximum Area of Attached Garages,11-2- 15. 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. PLANNING COMMISSION ACTION The proposed text amendment was discussed during the Planning Commission’s public hearing on May 12, 2020. Generally, the Commission was agreeable to 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 the process for allowing larger garages, with some asking about the conditional use permit process. Staff indicated they are apprehensive about 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 Council 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. Staff presented an updated amendment to the Planning Commission during its meeting on May 26, 2020. The Commission acknowledged the changes that were made to the amendment incorporating the feedback from the Commission. The Planning Commission voted unanimously to recommend that the City Council approve 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. 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. 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. Initially staff had recommended an amendment that would allow attached garages up to 2,000 square feet so long as they do not exceed 50% of the total footprint of the house, garage and living space combined. Following the discussion that took place during the Planning Commission’s public hearing on May 26th, 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. 3 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 Following discussion between the Planning Commission and staff, and the incorporation of the feedback provided by the Planning Commission into the proposed amendment, the Planning Commission and staff recommend that the Council approve the proposed amendment to update the maximum area of attached garages. City of Rosemount Ordinance No. B-XXX AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO THE MAXIMUM AREA OF ATTACHED GARAGES THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 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). Section 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 16th day of June, 2020. CITY OF ROSEMOUNT ______________________ William H. Droste, Mayor ATTEST: Erin Fasbender, City Clerk EXCERPT FROM THE MAY 12, 2020 PLANNING COMMISSION MEETING MINUTES 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 EXCERPT FROM THE MAY 26, 2020 PLANNING COMMISSION MEETING MINUTES 6.a. Zoning Ordinance Text Amendment to Section 11-2-15: Single Family Detached Dwelling Requirements to Modify the Maximum Area of Attached Garages. (20-33-TA) Planner Nemcek gave a summary of the staff report for the Planning Commission. The Commission acknowledged the changes to the amendment that were made after the last meeting. MOTION by Kenninger 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. Second by Schmisek. 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.