09-22-03 PC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, September 22,2003
6pm
I. Discussion of the Housing Policy and developing criteria for higher
density housing.
II. Approval of Minutes - September 8, 2003 Planning Commission Meeting
III. Informal Public Hearing - Minor Subdivision - SU12-09
Applicant: Edward Soppa
Address: 1135 Welcome Circle
Purpose: To allow an existing lot to be divided into two lots.
-- Short Recess --
IV. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
V. Other Business
A.) Discuss Draft #6 of the Single Family Residential Zoning District (R-1)-
Section 11.21 of the City Code.
VI. Adjournment
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Regular Meeting of the
Golden Valley Planning Commission
September 8, 2003
A regular meeting of the Planning Commission was held at the Golden Valley City Hall
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
September 8,2003. Chair Pentel called the meeting to order at 7 pm.
Those present were Chair Pentel and Commissioners Eck, Grog
Rasmussen and Shaffer. Also present were Director of Planni .
Mark Grimes and Administrative Assistant, Lisa Wittman. C
absent.
I. Approval of Minutes --August 11, 2003 Plann
Groger referred to the first sentence in the first
that the word "his" should be the word "is".
ine and stated
Shaffer referred to the sixth paragraph
to the materials being used for the buil
ed that he was referring
t for the trash enclosure.
Rasmussen referred to the thir
wording being changed to refl
why the noise issue was b
ge seven and asked that the
rimes to clarify for the audience
Pentel referred to page si
weren't in the minu
. concerns of the neig
ted th there were comments .she made that
it is the Planning Commission's job to listen to the
blic hearing for as long as it takes.
t and stated that she made a comment that the City
t the church does within its sanctuary, but that when they
old them to the same standards as other businesses are
t condition number four should be changed to.read as follows: The
ase the electronic amplification of music and spoken word for services
Calvary Park on July 1, 2004.
MOVED by Eck, seconded by Keysser and motion carried unanimously to approve
the August 11, 2003 minutes with the above noted changes.
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Minutes of the Golden Valley Planning Commission
September 8, 2003
Page 2
II.
Informal Public Hearing - City Code Text Change Amendment
Applicant: City of Golden Valley
Purpose: To approve the new Single Family Residential Zoning District (R.1)
Section 11.21 of the City Code
Grimes explained that he sent the Commissioners a Draft #5 of the Single amily
section of the Code and a final copy of the same section so the Com . uld
approve this version if they felt it was ready to be approved. He said e
isn't required for text change amendments but if they would like, e
text changes could be put in the Sun Post newspaper.
Pentel suggested the Commissioners discuss any changes
recommend them as Draft #6 and forward it on for app oval t
Grimes said he would like to talk to the City Attor
Commissioner McAleese's additions and that th
buildings needs to be addressed.
'ng Official about
t of accessory
Pentel opened the public hearing. Hea(
public hearing.
e Pentelclosed the
Grimes said that the Council w
address the small variance r
explained that they would
slight variances. He gav
issue to review.
ning Commission to look at ways to
e on that are for tenths of feet. He
e process easier for people who need very
ers a proposed ordinance regarding this
Shaffer stated that t
Board of Zoni
done bac ar .
ould be doing the exact opposite thing that the
ant and that he didn't understand why it is being
Inance is rounding the setback requirement up.
G
Id ask the City Attorney for clarification.
Eck as ariance request was within 9/1 0 of a foot if it would be permitted
without having to have a hearing. Grimes explained that the ordinance would not let
any proposal go closer than three feet to any side or rear property line. He said
again, that he would get further clarification from the City Attorney.
Eck referred to Subdivision 1 O(A)(1 )(a) and stated that the word "in" should be
replaced with the word "on".
Minutes of the Golden Valley Planning Commission
September 8, 2003
Page 3
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Rasmussen asked if anything was going to be added to the Code regarding mother-
in-law apartments. Grimes stated that they aren't going to be allowed.
Groger said that he thought Subdivision 3(B) could be construed to mean mother-in-
law apartments. He suggested saying no separate entrances would be allowed
instead.
Grimes clarified that the word lodging means bedrooms only.
Grimes asked if the new w
construction. Shaffer sta
well. Shaffer explained th
it should probably ap
be different than a
the new Singl
before. Grime
thought it
some
Pentel asked if the Code states how many people can live in a ho
it does in the definition section of the Code.
Shaffer asked if a pool if considered to be a structure and a
included in Subdivision 9 regarding lot coverage. He said he
not included in lot coverage. Grimes stated that pools
that they could be excluded from Subdivision 9.
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Eck referred to Subdivision 10(3)(C) and stated
depth" instead of "to structure depth". Sha
which will replace Subdivision 10(3)(C): "
in depth along a side yard adjacent to
by one foot for each additional ten
asked for clarification. Shaffer e
rea "of structure
ollowing new paragraph
re is greater than 40 feet
, t side yard shall increase
"th or portion thereof." Keysser
wording.
ivision 10(3)(C) applied only to new
sked why it would not apply to additions as
obably be more variance requests but that
ditions. Grimes asked if a one-story addition would
and said that another thing to remember is that
e lot coverage section that it has never had
er I e wanted to work on the wording some more or if he
to new construction. Shaffer said he would work on it
ubdivision 10(3)(a) and said he is uncomfortable with a 10-foot
In the case of lots that are 100 feet or greater. He said he is more
ping the 15-foot side yard setback requirement like it currently is.
Rasmussen asked why a 10-foot side yard setback is being proposed. Groger stated
that it is partly because of the amount of variances being requested for side yard
setbacks for garages. Shaffer stated that if the BZA is making policies they should be
in writing.
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Groger asked if the subdivision regarding Pre-1982 homes woulddeal with a lotof
the problems the BZA currently has.
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Minutes of the Golden Valley Planning Commission
September 8, 2003
Page 4
Pentel stated that she also likes the 15-foot side yard setback requirement as well.
Shaffer said that the Council asked the Planning Commission to look at the
residential part of the Zoning Code partly because of the large number of variances
the BZA has been granting and are being asked to grant.
Pentel asked if most of the variances given are on pre-1982 houses. Shaffer stated
yes, but that additions have to conform to current setback requirements at 1/3
of the variances requested are for garages that want to go into side y s.
Rasmussen said that she thinks if a house was built in 1982 th
Appeals would want the addition to follow 1982 rules too. Sha
doesn't mean that is the way the City wants the additions to
ng
Groger said a lot of this gets back to the age old quest
garage.
Shaffer said that many builders push garages t
garage stall for living space and then add 0
garage.
he lot and use one
stall to get a 2-car
Groger said that there are a numb
quantity of side yard variance re
ade that should help with the
Grimes asked if there was
setback of 12.5 feet for I
ompromise and suggested a side yard
100 feet wide.
Rasmussen asked
to the letter of the la
drawing the lin
inks these Code changes will make the BZA hold
'd his hope is yes, that these changes will be
ion 10(E) regarding the height of decks and stated that he
r 30" that the Code didn't apply. Grimes stated that the
is attached.
d If a deck is considered a part of the 30% lot coverage. Shaffer
a structure. Grimes added if it is detached and under 8".
Eck referred to Subdivision 12(A)(1) and stated that the words "it is" should be taken
out of the first sentence. He stated that the word "as" should be changed to "than" in
the second sentence.
Eck referred Subdivision 11 (H) and stated thaUhe word "for" should be changed to
"as".
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Minutes of the Golden Valley Planning Commission
September 8,2003
Page 5
Grimes read McAleese's emailed comments that referred to Subdivision 13(C) and
stated that then word "shall" should be changed to the word "may".
Pentel said she thinks there should be a separate subdivision for recreational
vehicles. Grimessaid he would create anew Subdivision 14 called Storage of
Recreational Vehicles and Boat~.
Pentel referred to the driveway requirements and asked at what point t
require a driveway to be paved. Grimes said that the subdivision reg
requirements only applies to new construction.
Groger referred to Subdivision 14(B} and said that the word "s
words.
o
Eck referred to Subdivision 16(A)(8) and said to take
added that Subdivision 16(A)(10) regarding parkin
shall be provided only on the driveway of the pr
operates is essentially impossible to enforce.
Grogerexplained that the intent is to av
employees to come and park.their car
aging area for
here else for the day.
Pentel said she thinks Subdivisi
some recourse.
ould stay because it gives the City
Rasmussen asked why
there are lots of cars par
a home occupation td
arked in the street. Grimes explained that if
of ' ome that is a good indication that there is
meet City requirements.
Pentel asked t
revised single
would lik
they feel comfortable passing this version of the
e Zoning Code on to the City Councilor if they
re revision.
e to review it again. Groger said he would also like to see it
d they just continue the public hearing to their next meeting.
MOVED by Keysser, seconded by Shaffer and motion carried unanimously to
continue the public hearing to approve the new Single Family Residential Zoning
District (R-1) Section 11.21 of the City Code.
Minutes of the Golden Valley Planning Commission
September 8, 2003
Page 6
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III.
Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and.other Meetings
Groger stated he was at the September 2, 2003 City Council meeting and that
Calvary's PUD amendment request was delayed to the September 16 meeting and
that Lupient's Preliminary PUD amendment request to add on an approximate
15,000 square foot addition to their Infiniti building was approved.
Grimes noted that Arnie Zachman was in attendance and suggested
Planning Commission set another meeting date to discuss the ho 'n
of developing
'tes, just at
the ones that have to
ation to change it.
Commission to discuss
Zachman asked when the City would have some decisions m
density housing. Pentel stated that she thought after the fir
be some decisions made.
Grimes explained that the Planning Commission i
criteria for higher density housing, they are not I
developing the criteria. He explained that the Ci
change the Comprehensive Plan and that
Grimes suggested meeting at 6 pm bef
the housing policy. The Commissioner
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IV. Adjournment
The meeting was adjourne
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Hey
Planning
763-593-8095/ 763-593-8109 (fax)
Date:
September 18, 2003
To:
Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Informal Public Hearing-Preliminary Sketch Plan of Soppa Addition-1135
Welcome Circle-Edward Soppa, Applicant
Description of Minor Subdivision
Edward Soppa is the owner of the house and property located at 1135 Welcome Circle, legally
described as Lot 6, Block 4, Hipp's Addition. (The property is located at the northwest corner of
Welcome Avenue and Welcome Circle.) He has applied for a minor subdivision in order to
divide the property into two lots-one lot for the existing house and one lot for a new house.
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Mr. Soppa has submitted the required information that is shown on the enclosed sketch plan.
The plan indicates that both lots exceed the minimum lot area requirement of 10,000 sq. ft. and
the lot width requirement of 100 feet for a corner lot and 80 feet for an interior lot. The sketch
plan clearly indicates that the existing house meets all building setback requirements when
placed on the new lot. It also indicates that there is more than adequate room to construct a
new house on the newly created lot west of the Soppa house.
The Soppa house was built in 1964; probably around the time the Hipp's Addition was platted.
Generally, the lots in the Hipp's Addition and surrounding Lindsay's Addition are large,
although the Soppa lot appears to be one of the largest lots in the area. (An interesting fact I
picked up in the address file was that the house was built in 1964 and repairs were done on
. the house in 1965 due to tornado damage.)
Factors for Consideration and Approval
Consideration for approving or denying minor subdivisions are set out in the Subdivision Code,
Section 12.50, Subd. 3. Staff findings on each of the nine points are as follows:
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1. Proposed lots must meet requirements of the applicable zoning district. As
stated above, the two lots in the proposed subdivision exceed the requirements
found in the Residential zoning code. Both lots will have full frontage on a publiC
street, exceed the minimum lot size requirement of 10,000 sq. ft., and exceed the
minimum lot frontage requirements.
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2. Minor subdivisions may be denied upon the City Engineer's determination
that steep slopes or excessive wetness encumbers the buildable portion of a
resulting new lot. The City Engineer has reviewed the sketch plans and has not
given any indication that the lots would not be developable. However, any new
building on the new (west lot) would require a grading, drainage and erosion control
permit from the Public Works Department. I have heard from the neighbor to the
west and they are concerned abdut the drainage from a new lot adversely affecting
their property to the west. The property owner to the west states that the water
drains from the southeast to the northwest. This issue would be handled as part of
the grading permit required as part of the building permit process. A grading permit
would only be issued if the new development would not have an adverse impact on
adjacent properties.
3. Minor subdivisions may be denied if public sewer and water connections are
not directly accessible to each proposed lot. In this case, sewer and water
connections are available to the proposed west lot. The services to the west lot
were made in anticipation of this subdivision.
4. Approval of minor subdivisions shal! be conditioned on the applicant's
granting of easements for necessary public purposes as determined by the
City. In this case, the final plat must indicate front and side lot line easements
consistent with the subdivision code.
. 5.
When public agencies other than the City have some form of jurisdiction over
an area including or directly affected by a proposed minor subdivision,
approval of that minor subdivision may be conditioned on the requirements of
the outside agency. In this case, there is no outside jurisdiction that would have
any interest in this minor subdivision.
6. If the applicant is required to submit a review of the property's title pursuant
to Subd. 4(C) of this section, then approval of the minor subdivision shall be
conditioned on the applicant resolution of any title issues raised by the City
Attorney. Prior to final plat approval, the City Attorney will determine if it is
necessary to review title information.
7. Minor subdivisions of non-residential properties may be denied if the City
Engineer determines that adequate public facilities are not available to serve
the site. In this case, this provision does not apply.
8. Approval of a residential minor subdivision shall be conditioned on the
payment of a park dedication fee in an amount established by the City
Council. The City Council has the right to assess a park dedication fee at time of
final plat approval. Staff will recommend that the City Council charge a park
dedication fee of $1000 at time the final plat is approved.
. 9.
Refers to minor subdivisions for double bungalows. This is not applicable in
this case.
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Recommendation
Staff recommends approval of the minor subdivision of the Soppa Addition with the
following conditions:
1. The final plat of Soppa Addition will be consistent with the sketch plan for the Soppa
Addition submitted with the minor subdivision application. The sketch plan was
prepared by Pioneer Engineering and dated 7/21/03.
2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes,
Director of Planning and Development, dated August 8, 2003 shall become a part of
this approval.
3. A park dedication fee shal.1 be paid in the amount of $1000 prior to approval of the
final plat by the City Council.
Attachments:
Location Map
Sketch Plan of Soppa Addition prepared by Pioneer Engineering and dated 7/21/03
Memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and
Development dated August 8, 2003
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Memorandum
Public Works
763.593.8030 I 763.593.3988 (fax)
alley
Date:
August 8, 2003
To:
Mark Grimes, Director of Planni~evelopment
Jeff Oliver, PE; City Engineer 'lIP
Review of Soppa Addition, 1135 Welcome Circle
From:
Subject:
Public Works staff has reviewed the proposed Soppa Addition, located at 1135
Welcome Circle. The proposed subdivision consists of splitting an existing lot to form
two new lots. The existing home will be on the new Lot 1 of the proposed subdivision.
Public Works staff has the following comments based upon our review of the
subdivision:
1) The plat must contain front and side lot line easements consistent with the
subdivision ordinance.
2) Both lots have existing sanitary sewer and water services. Therefore, no
additional utility installation will be needed.
3) The construction of a new home on Lot 2 will be subject to the Tree Preservation
Ordinance, the Grading Drainage and Erosion Control Ordinance, and the Right-
of-Way Management Ordinance.
Staff recommends approval of the Soppa Addition based upon the comments contained
in this review and the comments of other City staff.
Please feel free to call me if you have a question regarding this matter.
C: Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Mark Kuhnly, Chief of Fire and Inspections
Ed Anderson, Deputy Fire Marshal
Gary Johnson, Building Official
G:\Developments-Private\1135 Welcome Cir(Soppa Add)\Plat Review.doc
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Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
September 18, 2003
To:
Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Draft #6 of Single-Family Residential Zoning District (R-1)
At the September 8, 2003 Planning Commission meeting, the Commission held an informal public
hearing on the Single-Family Residential Zoning District. At that meeting, several other changes
were made to the chapter and the public hearing was continued. It was the plan to hold another
public hearing on September 22,2003 and to advertise the hearing in the newspaper.
Unfortunately, all the changes suggested at the September 8,2003 meeting have not yet beer
made and the announcementto the paper was too late to get in the last edition of the SunPost.
Therefore, staff is recommending that the Commission review Draft #6 and that a hearing be
continued again until either October 13,2003 or October 27,2003.
Attachments:
Draft# of the Single-Family Residential Zoning District (R-1)
Final copy of the Single-Family Residential Zoning District (R-1)
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Draft #6
SECTION 11.21. SINGLE~FAMIL Y RESIDENTIAL ZONING DISTRICT (R-1).
Subdivision 1. Purpose. The purpose of the R-1 Zoning District is to
provide for single-family, detached dwelling units at a low density along with directly
related and complementary uses.
Subdivision 2. District Established. Properties shall be established
within the R-1 Zoning District in the manner provided for in Section 11.90, Subdivision 3
of this Chapter, and when thus established shall be incorporated in this Section 11.21,
Subdivision 2 by an ordinance which makes cross-reference to this section 11.21 and
which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully
as if set forth herein. In addition the R-1 Zoning Districts thus established and/or any
subsequent changes to the same which shall be made and established in a similar
manner, shall be reflected in the official zoning map of the City as provided in Section
11.11 of this Chapter.
Subdivision 3. Permitted Uses. The following uses and no other shall be
permitted in the R-1 Zoning Districts:
A. Single-family dwellings.
B. When the property owner resides on the premises, rental of
sinqle sleeping rooms to not more than two people for lodging purposes only.
C. Residential facilities serving six or fewer persons.
D. Manufactured homes, as defined in this Chapter.
E. Foster family homes.
F. Essential Services - Class I
Subdivision 4. Accessory Uses. The following accessory uses and
no other shall be permitted in the R-1 Zoning Districts:
this Chapter.
A. Accessory structures, including private garages, as defined in
1. Accessory structures less than 120 square feet in area
require a Zoning Permit issued by the Director of Planning and Development. The fee
for the Zoning Permit is established by the City Council._The purpose of the Zoning
Permit is to insure that accessory structures are located in a conforming location on the
lot.
B. Home occupations, as regulated by this Section.
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C. Home day care facilities licensed by the State of Minnesota serving
12 or fewer persons.
SubdivisionS. Conditional Uses.
A. Residential facilities serving from seven to 25 persons.
B. Group foster family homes.
Subdivision 6. Buildable Lots. No dwelling or accessory structure shall
be erected for use or occupancy as a residential dwelling on any tract of unplatted land
which does not conform with the requirements of this Section, except on those lots
located within an approved plat. In the R.:.1 Zoning District a platted lot of a minimum
area of 10,000 square feet and a minimum width of 80 feet shall be required for one
family housed in one structure.
Subdivision 7. Corner Visibility. All structures in the R-1 Zoning District
shall meet the requirements of the comer visibility requirements in Chapter 7 of the City
Code.
Subdivision 8. Easements. No structures in the R-1 Zoning District shall
be located in dedicated public easements.
Subdivision 9. Lot Coverage bv Structure. No lot or parcel in the R:1
Zoning District shall have a lot coverage by structure of more than 30 percent for lots or
parcels over 10,000 square feet in area, 35% for a lot or parcel between 5,000 square
feet and 9,999 square feet in area and 40% for a lot or parcel less than 5,000 square
feet in area. This requirement excludes swimmina pools.
Subdivision 10. Principal Structures. Subject to the modifications in
Subdivision 12, below, principal structures in the R-1 Zoning District shall be governed
by the following requirements:
A. Setback Requirements. The following structure setbacks shall
be required for principal structures in the R-1 Zoning District. Garages or other
accessory structures which are attached to the house or main structure shall also be
governed by these setback requirements, except for stair landings up to 25 square feet
in size and for handicappedramps.
1. Front Setback. The required front setback shall be 35 feet
from any front property line along a street right-of-way line. Except that uncovered front
porches may be built to within 30 feet of a front property line along a street right-of-way
line.
(a.) Except for fA on driveways, no parking of vehicles
shall be allowed in the front yard.
(b.) In the case of a corner lot, the side with the
narrower street frontage shall be considered the front of the lot.
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2. Rear Setback. The required rear setback shall be 20
percent of the lot depth.
3. Side Setback. . Side yard setbacks are determined by the
lot width at the minimum required front setback line. The distance between any part of a
structure and the side lot lines shall be governed by the following requirements:
(a.) In the case of lots having a width of100 feet or
greater, the side yard setback shall be 15 feet;
(b.) In the case of lots having a width greater than 65
feet and less than 100 feet, the side yard setback shall be 12.5 feet;
(c.) In the case of lots having a width of7Q-65 feet or
less, the North or West side yard setback shall be 10 percent of the lot width, and the
South or East side yard setback shall be 20 percent of the lot width (up to 12.5 feet).
(d.) If a principal structure is oreater than 40 feet in
depthalono a side yard adiacent to another property that side yard shall increase by
one foot for each additional ten feet of structure depth or portion thereof.
4. Corner Lot Setback. To determine the rear yard setback,
use the longer lot line. To determine the side yard setback, use the shortest lot line.
B. Height Limitation. No principal structure shall be erected in the
R-1 Zoning District to exceed a height of two and a half stories or 30 feet as defined in
the City's building code, whichever is less.
C. Structure Width Requirements. No principal structure shall be
less than 22 feet in width as measured from the exterior of the exterior walls.
D. Cornices and Eaves. Cornices and eaves may not project more
than 30 inches into a required setback.
E. Decks. Decks over eight inches from ground level shall meet
the same setbacks as the principal structure.
structures.
F. For the purpose of setbacks, fences are not considered
Subdivision 11. Accessory Structures. Subject to the modifications in
Subdivision 12, below, accessory structures, shall be governed by the following
requirements:
A. Location and Setback Requirements. The following location
regulations and setbacks shall be required for accessory structures in the R-1 Zoning
District:
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1. Location. Detached accessory structures shall be located
completely to the rear of the principal structure, unless iHs built with frost footings. In
that case, an accessory structure may be built no closer to the front setback as than the
principal structure. If an addition is built on to an existing principal structure that would
create a situation where an existing garage or accessory structure would not be
completely to the rear of the addition to the principal structure, the addition to the
principal structure may be built and the existing garage or accessory structure may
remain and be considered conforming as long as there is at least 10 feet of separation
between the existing principal structure with the addition and the existing garage or
accessory structure. Additions may be made to the existing garage or accessory
structure as long as the 10 feet of separation can be met.
2. Front Setback. The required front setback shall be 35 feet
from the front property line along a street right-of-way line.
3. Side and Rear Setbacks. Accessory structures shall be
located no less than 5 feetfrom a side or rear yard property line.
4. Separation between structures. Accessory structures
shall be located no less than 10 feet from any principal structure and from any other
accessory structure.
from an alley.
5. Accessory structures shall be located no less than 5 feet
B. Height Limitations. No accessory structure shall be erected in
the R-1 Zoning District to exceed a height of one story, which is 10 feet to the top plate
line.
C. Provision for garage. No building permit shall be issued for a
single family dwelling not having a garage unless the registered survey submitted at the
time of the application for the building permit reflects the necessary area and setback
requirements for a future garage
D. Cornices and Eaves. Cornices and eaves may not project more
than 30 inches into a required setback.
E. Each property is limited to a total of 1,000 square feet of the
following accessory structures: detached and attached garages, and detached sheds,
greenhouses, and gazebos. Swimming pools are not included in this requirement.
F. Size of Accessory Structures. No accessory structure shall be
larger in size than the principal structure.
G. Swimming pools. Swimming pools, other than temporary
swimming pools, shall meet the same setback and location requirements for accessory
structures. Setbacks shall be measured from the property line to the pool's edge. Decks
surrounding above ground pools shall meet setback requirements.
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H. Decks. Free standing or decks attached to accessory
structures shall meet the same setback requirements feFas accessory structures.
I. Air conditioning units shall not be allowed in the front yard of a
single family home.
Subdivision 12. Pre-1982 Structures. For all existing structures
constructed in the R-1 Zoning District prior to January 1, 1982, the following building
setbacks shall be in effect.
A. Front yard - The building setback for principal structures shall be
no closer than 25 feet to the front yard property line.
B. Side yard - The building setback for principal structures shall be
no closer than three feet to the side yard property line.
C. Rear yard - The building setback for principal structures shall be
no closer than ten feet to the rear yard property line.
D. Accessory Structures - The setback for accessory structures
shall be no closer than three feet to the side or rear yard property lines. At the discretion
of the Director of Planning and Development, a property owner may be required to
move an accessory structure if it is located in a public easement area.
Subdivision 13. Temporary Outdoor Storage. Temporary Outdoor
Storage in the R-1 Zoning District shall be governed by the following requirements:
A. Duration. Temporary outdoor storage units shall not be stored
on a property for more than seven days. DI11
B. Location. Tempora~ldoor storage unils shail be stored on a
hard surface and be located completely on private property.
. Outdoor storage of not more than one recreational camping
vehicles, ami re alion vehicles or boats (not over 25 feet in length) on or off a trailer
(i.e. boats, je skis, snowmobiles, four wheel off-road vehicles) sRaIJ may be stored or
parked in t front yard. on a h3rd surfaooLh______h________._h________hh_h___h______h_______h____
Subdivision 14. Storaae of Recreational Vehicles and Boats.
7 A.
Subdivision 4415. Driveway Requirements. Driveways in the R-1
Zoning District shall be governed by the following requirements:
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Comment: Does the City Council want
to look at limiting to no more than I or 2.
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A. Driveways shall be constructed of hard surface materials such
as asphalt, pavers, or concrete.
B. Driveways shall be set back three feet from a side yard property
line, except for shared driveways agreed to by both property owners in a private
easement agreement. This only applies to new construction and/or driveways built from
the date this ordinance is approved.
C. No more than 50% of the front yard shall be a driveway or other
hard surface area.l____m___________ _ _________________m___________________________________ ___________
Subdivision 4616. Decks and Platforms. Decks and platforms not more
than 30 inches but greater than 8 inches above adjacent grade and not attached to a
structure with frost footings and which is not part of an accessible route shall require a
Zoning Permit issued by the Director of Planning. The fee for the Zoning Permit is
established by the City Council. The purpose of the Zoning Permit is to insure that
decks greater than 8 inches but less than 30 inches in height are located in a
conforming location on the lot.
Comment: Does this address the
~~eway next to a gar~e issne? ___.
.~J
~(Jr"
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Subdivision -1617. Home Occupation Requirements.
A. Home occupations in the R-1 Zoning District shall be governed
by the following requirements:
1. The use of the dwelling for the occupation or profession
shall be incidental and secondary to the use of the dwelling for residential purposes.
2. The exterior appearance of the structure shall not be
altered for the operation of the home occupation.
3. There shall be no outside storage or display of anything
related to the home occupation.
4. An accessory structure, including a garage, shall not be
used for a home occupation.
5. A permitted occupation, shall not result in noise, fumes,
traffic, lights, odor, excessive sewage or water use or garbage service, electrical, radio
or TV interference in a manner detrimental to the health, safety, enjoyment and general
welfare of the surrounding residential neighborhood.
6. No physical products shall be displayed or sold on the
premises except such that are incidental to the permitted home occupation.
7. No signs or symbols shall be displayed other than those
permitted for residential purposes.
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8. Clients, deliveries and other business activity where
persons come to the home shall be limited to beh'loon the hours of 9 AM and 9 PM.
9. No more than 20 percent of the gross floor area of the
dwelling shall be used for the home occupation.
10. Parking related to the home occupation shall be provided
only on the driveway of the property where the home occupation operates.
11. A home occupation shall not generate more than eight
client trips per day and serve no more than two clients or customers at a time.
12. There shall only be one outside employee allowed on
the premises at which a home occupation is located.
13. All other applicable City, State and Federal licenses,
codes and regulations shall be met.
B. The following uses are prohibited home occupations:
boats and other vehicles.
1. . Repair, service, building, or painting of autos , trucks
2. Restaurants or cafes.
3. Animal Hospital.
4. Veterinarian.
5. Funeral Homeor mortuary.
6. Medical Clinic.
7. Stable or kennel.
8. Repair and service of items that cannot be carried by one
person and repair and service of any item involving an internal combUstion engine or
motor.
9. Retail sales.
10. Sale or repair of firearms
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SECTION 11.21. SINGLE FAMILY RESIDENTIAL ZONING DISTRICT (R..1).
Subdivision 1. Purpose. The purpose of the R-1 Zoning District is to
provide for single-family, detached dwelling units at a low density along with directly
related and.complementary uses.
Subdivision 2. District Established. Properties shall be established
within the R-1 Zoning District in the manner provided for in Section 11.90, Subdivision 3
of this Chapter, and when thus established shall be incorporated in this Section 11.21,
Subdivision 2 by an ordinance which makes cross-reference to this section 11.21 and
which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully
as if set forth herein. In addition the R-1 Zoning Districts thus established and/or any
subsequent changes to the same which shall be made and established in a similar
manner, shall be reflected in theofficial zoning map of the City as provided in
11.11 of this Chapter.
Subdivision 3. Permitted Uses. The following uses. and no other
permitted in the R-1 Zoning Districts:
A. Single-family dwellings.
B. When the property owner resides on the premises, rental. of
rooms to not more than two people for lodging purposes only.
C. Residential facilities serving six or fewer persons.
D. Manufactured homes, as defined in this Chapter.
E. Foster family homes.
F. Essential Services - Class I
Subdivision 4. Accessory Uses. The following accessory uses and
no other shall be permitted in the R-1 Zoning District:
A. Accessory structures, including private garages, as defined in
this Chapter.
1. Accessorystructures less than 120 square feet in area
require a Zoning Permit issued by the Director of Planning and Development. The fee
for the Zoning Permit is established by the City Council. The purpose of the Zoning
Permit is to insure that accessory structures are located in a conforming location on the
lot.
B. Home occupations, as regulated by this Section.
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C. Home day care facilities licensed by the State of Minnesota serving
12 or fewer persons.
Subdivision 5. Conditional Uses.
A. Residential facilities serving from seven to 25 persons.
B. Group foster family homes.
SubdivisionS. Buildable Lots. No dwelling or accessory structure shall
be erected for use or occupancy as a residential dwelling on any tract of unplatted land
which does not conform with the requirements of this Section, except on those lots
located within an approved plat. In the R-1 Zoning District a platted lot of a minimum
area of 10,000 square feet anda minimum width of 80 feet shall be required for
family housed in one structure.
Subdivision 7. Corner Visibility. All structures in the R-1 Zoning District
shall meetthe requirementsofthe corner visibility requirements in Chapter? of the City
Code.
Subdivision 8. Easements. No structures in the R-1 Zoning District shall
be located in dedicated public easements.
Subdivision 9.. Lot Coverage by Structure. No lot or parcel in the R-1
Zoning District shall have a lot coverage by structure of more than 30 percent for lots or
parcels over 1 O,OOOsquare feet in area, 35% for a lot or parcel between 5,000 square
feet and 9,999 square feet in area and 40% for a lot or parcel less than 5,000 square
feet in area.
Subdivision 10. Principal Structures. Subject to the modifications in
Subdivision 12, below, principal structures in the R-1 Zoning District shall be governed
by the following requirements:
A. Setback Requirements. The following structure setbacks shall
be required for principal structures in the R-1 Zoning District. Garages orother
accessory structures which are attached to the house or main structure shall also be
governed by these setback requirements, except for stair landings up to 25 square feet
in size and for handicapped ramps.
1. Front Setback. The required front setback shall be 35 feet
from any front property line along a street right-of-way line. Except that uncovered front
porches may be built to within 30 feet of a front property line along a street right-of-way
line.
(a.) Except in driveways, no parking of vehicles shall
be allowed in the front yard.
(b.) In the case of a.comer lot, the side with the
narrower street frontage shall be considered the front of the lot.
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2. Rear Setback. The required rear setback shall be 20
percent of the lot depth.
3. Side Setback. Side yard setbacks are determined by the
lot width at the minimum required front setback line. The distance between any part of a
structure and the side lot lines shall be governed by the following requirements:
(a.) In the case of lots having a width of 100 feet or
greater, the side setback shall be 15 feet;
(b.) In the case of lots having a width greater than 65
feet and less than 100 feet, the side setback shall be 12.5 feet;
(c.) In the case of lots having a width of 65 feet or
less, the North or West side setback shall be 10 percent of the lot width, and the South
or East side setback shall be 20 percent of the lot width (up to 12.5 feet).
(d.) If a principal structure is greater than 40 feet in
depth, the side yard setback adjacent to another property shall increase by one foot
each ten feet of structure depth (or portion thereof) beginning at the point where
structure exceeds 40 feet in depth.
4. Corner Lot Setback. To determine the
the longer lot line. To determine the side setback, use the shortest lot line.
B. Height Limitation. No principal structure shall be erected in the
R-1 Zoning District to exceed a height of two and a half stories or 30 feet as defined in
the City's building code, whichever is less.
C. Structure Width Requirements. No principal structure shall be
less than 22 feet in width as measured from the exterior of the exterior walls.
D. Cornices and Eaves. Cornices and eaves may not project more
than 30 inches into a required setback.
E. Decks. Decks over eight inches from ground level shall meet
the same setbacks as the principal structure.
F. For the purpose of setbacks, fences are not considered
structures.
Subdivision 11. Accessory Structures. . Subject to the modifications in
Subdivision 12, below, accessory structures, shall. be governed by the following
requirements:
A. Location and Setback Requirements. The following location
regulations and setbacks shall be required for accessory structures in the R-1 Zoning
District:
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1. Location. Detached accessory structures shall be located
completely to the rear of the principal structure, unless built with. frost footings. In that
case, an accessory structure may be built no closer to the front setback than the
principal structure. If an addition is built on to an existing principal structure that would
create a situation where an existing garage or accessory structure would not be
completely to the rear of the addition to the principal structure, the addition to the
principal structure may be built and the existing garage or accessory structure may
remain and be considered conforming as long as there is at least.1 0 feet of separation
between the existing principal structure with the addition and the existing garage or
accessory structure. Additions may be made to the existing garage or accessory
structure as long as the 10 feet of separation can be met.
2. Front Setback. The required front setback shall be-35 feet
from the front property line along a street right-of-way line.
3. Side and Rear Setbacks. Accessory structures shall
located no less than 5 feet from a side or rear yard property line.
4....Separation between structures. Accessory structures
shall be located no less than 10 feet from any principal structure and from any other
accessory structure.
Accessory structures shall be located no less than 5
from an alley.
B. Height Limitations. No accessory structure shall be erected in
the R-1 Zoning District to exceed a height of one story, which is 10 feet to the top plate
line.
C. Provision for garage. No building permit shall be issued for a
single family dwelling not having a garage unless the registered survey submitted at the
time of the application for the building permit reflects the necessary area and setback
requirements for a future garage
D. Cornices and Eaves. Cornices and eaves may not project more
than 30 inches into a required setback.
E. Each property is limited to a total of 1,000 square feet of the
following accessory structures: detached and attached garages, and detached sheds,
greenhouses, and gazebos. Swimming pools are not included in this requirement.
F. Size of Accessory Structures. No accessory structure shall be
larger in size than the principal structure.
G. Swimming pools. Swimming pools, other than temporary
swimming pools, shall meet the same setback and location requirements for accessory
structures. Setbacks shall be measured from the property line to the pool's edge. Decks
surrounding above ground pools shall meet setback requirements.
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H. Decks. Free standing or decks attached to accessory
structures shall.meet the same setback requirements as accessory structures.
I. Air conditioning units shall not be allowed in the front yard of a
single family home.
Subdivision 12. Pre-1982 Structures. For all existing structures
constructed in the R-1 Zoning District prior to January 1, 1982, the following setbacks
shall be in effect.
A. Front yard - The setback for principal structures shall be no
closer than 25 feet to the front yard property line.
B. Side yard - The setback for principal structures shall be no
closer than three feet to the side yard property line.
C. Rear yard - The setback for principal structures-shall be no
closer than ten feet to the rear yard property line.
D. Accessory Structures - The setback for accessory structures
shall be no closer than three feet to the side or rear yard property lines. At the discretion
of the Director of Planning and Development, a property owner may be required to
move an accessory structure if it is located in a public easement area.
Subdivision 13. Temporary Outdoor Storage. Temporary Outdoor
Storage in the R-1 Zoning District shall be governed by the following requirements:
A. Duration. Temporary outdoor storage units shall not be stored
on a property for more than seven days.
B. Location. Temporary outdoor storage units shall be stored on a
hard surface and be located completely on private property.
C. Outdoor storage of not more than one recreational camping
vehicle, recreation vehicle or boat (not over 25 feet in length) on or off a trailer (i.e.
boats, jets skis, snowmobiles, four wheel off-road vehicles) may be stored or parked in
the front yard on a hard surface.
Subdivision 14. Storage of Recreational Vehicles and Boats
Subdivision 15. Driveway Requirements. Driveways in the R-1 Zoning
District shall be governed by the following requirements:
A. Driveways shall be constructed of hard surface materials such
as asphalt, pavers, or concrete.
5
. B. Driveways shall be set back threefeetfrom a side yard property
line, except for shared driveways agreed to by both property owners in a private
easement agreement. This only applies to new construction and/or driveways built from
the date this ordinance is approved.
C. No more than 50% of the front yard shall be a driveway or other
hard surface area.
Subdivision 16. Decks and Platforms. Decks and platforms not more
than 30 inches but greater than 8 inches above adjacent grade and not attached to a
structure with frost footings and which is not part of an accessible route shall require a
Zoning Permit issued by the Director of Planning. The fee for the Zoning Permit is
established by the City Council. The purpose of the Zoning Permit is to insure that
decks greater than 8 inches but less than. 30 inches in height are located in a
conforming location on the lot.
Subdivision 17.. Home Occupation Requirements.
A. Home occupations in the R-1 Zoning District shall be
by the following requirements:
.
1. The use of the dwelling for the occupation or profession
shall be incidental and secondary to the use of the dwelling for residential purposes.
2. The exterior appearance of the structure shall not be
altered for the operation of the home occupation.
3. There shall be no outside storage or display of anything
related to the home occupation.
4. An accessory structure, including a garage, shall not be
used for a home occupation.
5. A permitted occupation, shall not result in noise, fumes,
traffic, lights, odor, excessive sewage or water use or garbage service, electrical, radio
or TV interference in a manner detrimental to the health, safety, enjoyment and general
welfare of the surrounding residential neighborhood.
6. No physical products shall be displayed or sold on the
premises except such that are incidental to the permitted home occupation.
7. No signs or symbols shall be displayed other than those
permitted for residential purposes.
. 8. Clients, deliveries and other business activity where
persons come to the home shall be limited to the hours of 9 AM and 9 PM.
6
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9. No more than 20 percent of the gross floor area of the
dwelling shall be used for the home occupation.
10. Parking related to the home occupation shall be provided
only on the driveway of the property where the home occupation operates.
11. A home occupation shall not generate more than eight
client trips per day and serve no more than two clients or customers at a time.
12. There shall only be one outside employee allowed on
the premises at which a home occupation is located.
13. All other applicable City, State and Federal licenses,
codes and regulations shall be met.
B. The following uses are prohibited home occupations:
1 Repair, service, building, or painting of autos,
boats and other vehicles.
Restaurants or cafes.
3. Animal Hospital.
4. Veterinarian.
5. Funeral Home. or mortuary.
6. Medical Clinic.
7. Stable or kennel.
8. Repair and service of items that cannot be carried by one
person and repair and service of any item involving an internal combustion engine or
motor.
9. Retail sales.
10. Sale or repair of firearms
7