11-24-03 PC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Joint Meeting with the City Council
Golden Valley City Hall, 7800 Golden Valley Road
Council Conference Room
Monday,November24,2003
6pm
I. Discuss Draft of Residential Chapter of the Zoning Code
-- Short Recess --
II. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
III. Other Business
IV. Adjournment
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Hey
Planning
763.593.80951 763.593.8109 (fax)
Date:
November 20,2003
To:
Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Joint Meeting with City Council to Discuss Draft of Residential Chapter of Zoning
Code
Prior to the regular Planning Commission meeting on November 24, 2003, the Planning
Commission and City Council will meetin a workshop setting to discuss the draft of the
Residential chapter of the Zoning Code. The City Council received the draft several weeks
ago so they have had.a lot of time to study the proposal. I expect lots of questions so come
prepared to answer questions. The City Council greatly respects the Planning Commission's
input on these matters. The workshop will begin promptly at 6 pm in the City Council
Conference Room across from the Council Chambers.
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ORDINANCE NO. ,2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
CHAPTER 11, SETBACK INTERPRETATION
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. The City Code Section 11.02 is changed by adding to it the
following:
Subdivision 2. In order to meetfront yard, side yard and rear yard setbacks of
five feet or greater required by this Chapter, landowners may compute the
distance between their structure and the property line by rounding-up to the next
whble foot, for example, 14.0 feet or greater may be rounded to 15.0 feet.
Section 2. City Code Chapter 1 entitled "General Provisions And Definitions
Applicable To The Entire City Code Including Penalty For Violation" and Section 11.99
entitled "Violation of Misdemeanor" are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Cbuncil this
day of
,2003.
Linda R.Loomis, Mayor
ATTEST:
Donald G. Taylor, City Clerk
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S 11.21
SECTION 11.21. SINGLE FAMILY RESIDENTIAL ZONING DISTRICT (R-1 ).
Subdivision 1. Purpose. The purpose of the Residenti31 R-1 Zoning
District is to provide forsingle-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 Residontial 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 ordinancewhich 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 Residontial 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. Uscs Permitted Uses. The following uses and no other
shall be permitted in the R-1 Residontial Zoning Districts:
A. Country est3tosand QRe..Sinqle-family dwellings.
Source: Ordin3nce No. 5'11
Effective D3to: 6 26 81
B. When the property owner resides on the premises, Rrental of
sinqle sleepinq rooms to not more than two people for lodging purposes only.
C. Name platos not excooding one squ3re foot in ~re3.
E. G3r3gos, as defined in this Ch3pter.
Source: Ordin3nco No. 511
Effective D3to: 6 26 81
~ C. Residential facilities serving six or fewer persons.
Source: Ordinance No. 653
Effective Date: 4-12-85
Fh D. Manufactured homes, as defined in this Chapter.
Source: Ordinance No. 642
Effective Date: 11-16-84
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~ E. Foster family homes.
Source: Ordinance No. 653
Effective Date: 4-12-85
b F. Essential Services - Class I
Source: Ordinance No. 80, 2nd Series
Effective Date: 11-28-91
Subdivision 4. Accessory Uses. The followinq accessory uses and no
other shall be permitted in the R-1 Zoninq Districts:
Q-;. 8:.... Accessory buildings structures, includinqprivate qaraqes, as
defined in this Chapter.
1. Accessory buildinqs less than 120 square feet in area
require a Zoninq Permit issued by the Director of Planninq and Development. The fee
for the Zoninq Permins established bY the City Council. The purpose of the Zoninq
Permit is to insure that accessory structures are located in a conforminq location on the
lot.
~ B. Home occupations, as regulated by this Section.
Source: Ordinance No. 669
Effective Date: 11-15-85
G. C. Home Ggay care facilities licensed by the State of
Minnesota serving 12 or fewer persons.:-in accordance '/lith Minnesota Statutos
Annotated 2'15.812, Subdivision 3.
Source: Ordinance No. 673
Effective Date: 12-27-85
Subdivision 4-3. 5. Conditional Uses. Tho followingcondition::ll uscs
may be allowed ::lftor rovie'N by the Pbnning Commission ::lnd ::lpprov::l1 by the Council
following tho standards ::lnd procedures sot forth in this Chapter.
A. Residential facilities serving from +- seven to 25 persons.
Source: Ordinance No. 653
Effective Date: 4-12-85
B. Group foster family homes.
Source: Ordinance No. 653
Effective Date: 4-12-85
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Subdivision 4. 6. Lot Requirements For Platting Buildable Lots. No
dwellinq or accessory structure shall be erected for use or occupancy as a residential
dwellin~ on any tract of unplatted land which does not conform with the requirements of
this Section. except on those AU lots located within an approved plat. sh~1I bereg~rded
as build3ble lots. Tr~cts, or p3rcels of land, described by metes 3nd bounds m3Y be
regarded 3S build3ble lots provided they 3re at least 12,500 squ3re feet in area 3nd at
least 100 feet in 'Nidth 3t the building setb3ck line. In the R-1 zoninq 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 sinqle family dwellinq.
Subdi'Jision 5. Lot Area, One Family. In the R.1 Residenti31 Zoning
District ~ platted lot of 3 minimum 3re3 of 10,000 squ3re feet (~nd a minimum width of
80 foet 3t the minimum required front setb3ck line) sh311 be required f-or one f3mily
housed in one building.
Subdivision 6. Unplatted Property.. No d':.'elling or 3ccessory building
sh311 be erected for use or occup3ncy as ~ residenti~l. dwelling on any tmct of unplatted .
land which does not conform 'Nith the requirements of this Section.
Source: Ordin3nce No. 541
Effective Date: 6 26 81
Subdivision 8. 7. Corner Visibility. Bet\veen the right of W3Y lines of
intersecting streets and ~ line joining points on such lines 25 feet dis!3nt from their point
of intersection, or in the c~seof a rounded corner, the point of intersection of the
t3ngents, no building or structure may be erected ~nd no vegetation, other th3n shade
trees trimmed up ~ dist3nce of ~t le3st1 0 feet 3bove the curb line, m3Y be m3intained
above ~ height of three feet above the plane through their curb gr~des, f-or the purpose
of corner visibility. All structures in the R-1 Zoninq District shall meet the requirements
of the corner visibility requirements in Chapter 7 of the City Code.
Subdivision 8. Easements. No structures in the R-1 ZoninQ District shall
be located in dedicated public easements.
Subdivision 9. Lot Coveraae. Nolot or parcel in the R-1 ZoninQ District
shall have a lot coveraqe of more than30 percent for a lot or parcel 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 swimminq pools.
Subdivision 10. .Principal Structures. Subiect to the modifications in
Subdivision 12, below, principal structuresin the R-1 Zoninq District shall be qoverned
by the followinQ requirements:
A. Subdivision 7.. Setback Requirements. The following building
structure setbacks shall be required for principal structures in the R-1 Residenti31
~zoning Gdistrict.o. Garaqes or other accessory structures which are attached to the
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house or main structure shall also be qoverned by these setback requirements, except
for stair landinqs up to 25 square feet in size and for handicapped ramps.
Ao .L Front Setback. The required front setback shall be 35 JQ
feetfrom the any front property line ::md 35 feet from any side or rear property line which
is also a alonq a street or road right-of-way line. Open front porches may be built to
within 30 feet of a front property line alonq a street riqht-of-way line. but this
requiroment shall not reduce the building 'Nidth of any corner lot to less than 22 feet at
the ground story level.
Source: Ordinance No. 642
Effective Date: 11-16-84
(a.) In the case of a corner lot. the side with the narroWer
street frontaqe shall be considered the front of the lot.
~ 2. Rear Setback. The required rear setback shall be 20
percent of the lot depth.
G:- 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 d'Nelling or structure and the side lot lines shall be governed by the following
requ irements:
-1-:- .@J In the case of lots having a width of 100 feet or
greater, the side setback shall be 15 feet;
2-:- (b.) In the case of lots havinq a width qreater than 65 feet
and less than 100 feet. the side yard setback shall be 12.5 feet; In the case of lots
having a \A..idth greator than 70 feet and less than 100 feet, the side setback sholl be 15
percent of the lot width;
~ (c.) In the case of lots havinq a width of 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). tA-tAe
caso of lots having a width of 70 feet or less, the North or \^.'est side setback shall be 10
percent of the lot '.vidth, and tho South or East side setback shall be 20 percent of the lot
width.
(d.) If a principal structure is qreater than 40 feet in depth
alonq a side yard adiacent to another property that side yard shall increase by one foot
fortach additional ten feet of structure depth or portion thereof.
4. Corner Lot Setbacks. To determine the rear yard
setback, use the lonqer lot line. To determine the side yard setback, use the shortest lot
line.
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J;L.Subdivision 10. Height Limitations. No principal building
structure shall be erected in the R-1 Residential qoning Ggistrict to exceed a heiqht of
tf:H:ee two and a half stories or 30 feet as defined in the City's buildin~ code. whichever
is less. in height.
Source: Ordinance No. 544
Effective Date: 6-26-81
C~ . Subdivision 11. Building Width Requirements. No principal
building structure shall be less than 22 feet in width as measured from the exterior of
the exterior walls. unless a conditional use permit is issued in accordance '."lith the
provisions of this Chapter.
Source: Ordinance No. 642
Effective Date: 11-16-84
D. Subdivision 9. Cornices and Eaves. Cornices and eaves may
not proiect more than 30 inches into a required setback.
E. Decks. Decks over eiqht inches from qround level shall meet the
same setbacks as the principal structure.
F. Fences. For the purpose of setbacks. fences are not considered
structures.
Subdivision 4-2.- 11. Accessory Buildings Structures. Subject to the
modifications in Subdivision 12. below. A2ccessory buildings structures, as herein
defined, shall be governed by the following requirements:
A. Location and Setback Requirements. The followinq location
requlations and setbacks shall be required for accessory structures in the R-1 zoning
district: ..
A. 1. Locatio~~Detached accessory buildings structure{ shall
be located wholly completely to the rear of the principal structure, unless it is built with
frost footings. house or main building to 'Nhich it is incidental '.\lith at least 10 feet of
separation betv.'een the main building and the accessory building or buildings. VVhen so
placed, the accessory building or buildings shall be no less than 5 feet distant from any
lot boundary line other than a stroet line and no less than 35 feet distant from lot
boundary line 'Nhich is also a street line. In that case. an accessory structure may be
built no closer to the front setback as the principal structure. If an addition is built on to
an existinq principal structure that would create a situation where an existinq qaraqe 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 existinq qaraqe or
accessory structure may remain and be considered conforminq as lonq as there is at
least 10 feet of separation between the existinq principal structure with the addition and
the existinq qaraqe or accessory structure. Additions may be made to the existinq
qaraqe or accessory structure as lonqas the 10 feet of separation can be met.
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B. G3r3gesorother accessory structure which 3m 3tt3ched to the
house or main structure shall be governed by setback requirements of this Ch3pter
which pert3in to the main structure.
2. Front Setback. Accessory structures shall be located no
less than 35 feet from the front property line alonq a street riqht-of-way line.
3. Side and Rear Setbacks. Accessory structures shall be
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.
5 feet from an alley.
5. Alleys. Accessory structures shall be located no less than
B. Heiqht Limitations. No accessory structure shall be erected in
the R-1 zoninq district to exceed a heiqht of one stOry. which is 10 feet to the top plate
line.
C. Provision for garage. No building permit shall be issued witR
respect t{) the m3in structure for a single family dwelling not having a garage unless the
registered survey submitted at the time of the application for the building permit is made
reflects the necessary amount of area and setback requirements for a future qaraqe. (t' ~ j IM/l~
space for the location of 3 garage, which will meet the setbacks 3nd other requirements tv'-1V'\..A'^)
of this Section.
Source: Ordinance No. 544
Effective Date: 6-26-81
D. Cornices and Eaves. Cornices and eaves may not project more
than 30 inches into a required open space or a required setback.
E. Each property is limited to a total of 1,000 square feet of the
followinq accessory structures: detached and attached qaraqes, detached sheds.
qreenhouses, and qazebos. Swimminq pools are not included in this requirement.
F. Size of Accessory Structures. No accessory structure shall be
larqer in size than the principal structure.
G. Swimminq pools. Swimminq pools shall meet the same setback
and location requirements for accessory structures. Setbacks shall be measured from
the property line to the pool's edqe. Decks surroundinq above qround pools shall meet
setback requirements.
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H. Decks. Free standinQl'or decks attached to accessory buildinqs
shall meet the same setback requirements for accessory buildinqs.
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sinqle family home.
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I. Air conditioninq units shall not be allowed in the front yard of a
Subdi'lis.ion 13. Conditional Usos. . The follovJing conditional uses may
be allowed after ravia'l.' by the Planning Commission and approval by the Council
fOllowing the standards nnd procedures set forth in this Chapter.
A. Residential facilities serving from 7 to 25 persons.
B. Group foster family homes.
Source: Ordinance No. 653
Effective Date: 1 .12 85
Subdivision 12. Pre-1982 Structures. For all existinq structures
constructed in the R-1 zoninq district prior to January 1.1982. the followinq structure
setbacks shall be in effect.
A. Front yard - The structure setback for principal structures shall
be no closer than25 feetto the front yard property line.
B. Side yard - The structure setback for principal structures shall
be no closer than three feet to the side yard property line.
C. Rear yard - The structure setback for principal structures shall
be no closer than ten feet to the rear yard property line.
D. Accessory structure - The structure 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 Planninq 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
Storaqe in the R-1 zoninqdistrict shall be qoverned by the followinq requirements:
A. Duration. Temporary outdoor storaqe units shall not be stored
on a property for more than seven days.
B. Location. Temporary outdoor storaqeunits shall be stored on a
hard surface and be located completely on private property.
Subdivision 14. Storage of Recreational Vehicles and Boats.
A. Outdoor storaqe. Outdoor storaqe of not more than one
recreational camping vehicle, recreational vehicle (Le. boats. iet skis.
snowmobiles. four whee/oft-road vehicles). fish houses. other trailers or boats
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(not over 25 feet in lenath)on or off a trailer. may be stored or parked in the front
yard.
Subdivision 15. Drivewav Requirements. Driveways in the R-1 Zonina
District shall be aoverned by the followina requirements:
A. Materials. Drivewavs shall be constructed of hard surface
materials such as asphalt. pavers. or concrete. This applies to new construction and/or
driveways built from the date this ordinance is approved.
B. Setbacks. Driveways shall be setback three feet from a side
yard property line. except for shared driveways aareed to by both property owners in a
private easement aareement. This only applies to new construction and/or driveways
built from the date this ordinance is approved.
C. Coveraae. No more than 50% of the front yard shall be a
driveway or other hard surface area.
D. Parkinq of Vehicles. Vehicles parked in the front yard must be
parked on a driveway or other hard surface area. Except~ ondrivewavs. no parkina of
vehicles shall. be allowed in the front yard.
Subdivision 16. Decks and Platforms. Decks and platforms not more
than 30 inches but qreater than 8 inches above adiacent arade and not attached to a
structure with frost footinas and which is not part of an accessible route shall require a
onin ermit issued b the Director of Plannin . The fee for the zonin ermit is
established by the City Council. The purpose of the zonina permit is to insure that decks
areater than 8 inches but less than 30 inches inheiaht are located in a conformina
location on the lot.
Subdivision .w 17. Home Occupation Requirements.
A. Home occupations in the R-1 zonina 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.
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4. The home occupation sholl not be permittod in an
accessory building or goroge. An accessory structure. includina a aarage. shall not be
used for a home occupation.
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5. Nov.vithstanding th3t 3 use m3Y be 3 A permitted
occupation, in 3 rosidenti31 district, #-shall not result in noise, fumes, traffic, lights, odor,
excessive sewaqe or water use or qarbaqe 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 between the hours of 9:00 J\M am and a
PM ~ pm.
9. No more than 20 percent ofthe gross floor area of the
dwelling shall be used for the home occupation. Vt
10. No home occup3tion shall gener3te tr3ffic, parking,
se'."I3ge or 'N3ter uses or garb3ge services which me detrimental to tho he3lth, s3f-oty,
,-,,'elfare 3nd enjoyment of the rosidenti31 3roa.
44- 10. Parking related to the home occupation shall be
provided only on the driveway of the property where the home occupation operates. At
no time shall p3rking be permitted on the street.
~ 1.1:. 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.Federallicensk~ '(~~
codes and regulations fm:ISt shall be met. /\P,\"'"
B. The following 3re permitted home occup3tions provided thoy
meet the provisions of this Section:
1. Drossm3king, sewing 3nd t3i1oring.
2. Painting, sculpturing, writing or photography.
3. Telephone ans'Nering and secretarial services.
'1. Home cr3fts such 38 model m3king, rug weaving, 13pid3ry
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work 3nd cabinet making.
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5. Tutoring, teaching or instruction limited to one student ot
one time.
6. Repair and service of the follmving: small electrical
appliances, radios, typewriters, cameras and other items that may be carried by one
person except for the repair and service of any item involving on internal combustion
engine or motor.
7. Hair care services.
8. Computor services.
Go B. The following uses are prohibited home occupations:
1. Repair, service, buildinq, or painting of autos, trucks
boats and other vehicles.
2. Restaurants or cafes.
3. Animal hospital.
4. Veterinarian.
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5. Funeral Home or mortuary.
6. Medical Clinic. I ~
7. Stable or kennel.
8. Repair shops other than those permitted in sub
paragraphs, above. Repair and service of the following: small electrical appliances,
radios, type'Nriters, cameras and other items that may cannot be carried by one person
and except for the repair and service of any item involving an internal combustion
engine or motor.
9. Gift or antique shop. Retail sales.
10. Sale or repair of firearms.
O. Any proposed home occupation that is not detrimental to the
health, safety and 'Nelfare of a residential area and not specifically permitted by
Subparagraph B. above, nor specifically prohibited by Subparagraph C, above, sholl be
considered a conditional use and granted or denied by the Council upon consideration
of those requirements contained in Subparagraph A, above, and the provisions of this
Chopter relating to conditional uses.
Source: Ordinance No. .669
Effective Date: 11 15 85
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