ITEM 3.1TPC3601 Thurston Avenue N, Suite 100 ITEM 3-1
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC(2_DPlannin9Co.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 31 July 2014
RE: Otsego — Zoning Ordinance; Kevin Brand
TPC FILE: 101.01
BACKGROUND
Mr. Kevin Brand owns and resides at the property at 8480 Packard Avenue, which is
developed with a manufactured home and detached accessory building. Mr. Brand
would like to remove the existing dwelling and garage to construct a new single family
dwelling with an attached garage and another detached accessory building. Mr.
Brand's property is zoned R-3, Residential Long Range Urban Service District. The
City acquired seven feet along the north side of Mr. Brand's property as part of the 85th
Street improvement project that reduces the width of the lot and building envelope
effecting Mr. Brand's ability to locate his desired house plan upon the property. In
discussing the issue with Mr. Brand, City staff noted that the issue with locating the
planned house on the property is a combination of the required 65 foot setback from
85th Street based on that roadway's designation as a collector street and the acquisition
of the seven feet by the City for the improvement project. To provide relief to Mr. Brand
and address how this issue affects other properties along 85th Street and Page Avenue,
City staff proposes to amend the Zoning Ordinance to provide an exemption from the 65
foot setback requirement for these streets.
Exhibits:
A. Site Location
B. Site envelope
C. Area Map
D. Accessory building chart
ANALYSIS
Collector Street. When Otsego incorporated in November 1990, the City adopted a
Zoning Ordinance that continued many standards from the Wright County Zoning
Ordinance. One of these standards was a 65 foot setback from County Road rights-of-
way with the intent to create physical separation between the land use and high volume
traffic on the abutting roadway. Under Wright County jurisdiction, County Roads served
as collector streets within Otsego. However, the City's Comprehensive Plan designated
City streets, including 85th Street and Page Avenue, as collector streets. Odean
Avenue also has similar subdivisions adjacent to the roadway, but was a County Road
until turned back to the City and the abutting lots reflect a 65 foot setback. The Zoning
Ordinance was also amended in 1999 to change the application of the 65 foot setback
in all zoning districts from only county roads to all arterial and collector streets, which
would include both county roads and City streets.
The City's designation of City streets as collector streets and amendments to the Zoning
Ordinance made lots platted prior to the City's incorporation now subject to the 65 foot
setback, whereas a 35 foot setback previously was required. These changes have
made existing dwellings abutting 85t Street and Page Avenue non -conforming. The
non -conforming lots include corner lot situations such as Mr. Brand's property as well as
lots on the north side of 85th Street or west of Page Avenue that front and have direct
access to the collector street. Under Section 15 of the Zoning Ordinance, these
dwellings may be maintained at their present location but cannot be expanded or
redeveloped without compliance with the 65 foot setback requirement.
Lot Dimensions. The minimum lot requirements of the R-3 District, applicable under
both Wright County and City jurisdiction, are a minimum width of 150 feet and minimum
area of one acre. Mr. Brand's property was platted prior to November 1990 with
dimensions of 150 feet by 290 feet and an area of one acre. The acquisition of seven
feet of right-of-way by the City for the 85th Street project has reduced the width of the lot
to 143 feet with an area of 0.95 acres making the lot legally non -conforming as a result
of the City's action. Redevelopment of the lot is allowed by Section 20-15-2.B of the
Zoning Ordinance subject to conformance with all required setbacks.
Building Envelope. A typical R-3 District lot located on the corner of two local streets
would have a building envelope that is 105 feet wide based on a 10 foot interior side
yard setback and 35 foot setback for the side yard abutting a public street. The
designation of 85th Street and Page Avenue as collector streets and amendment of the
Zoning Ordinance in 1999 to apply a 65 foot setback to such roadways reduces the
building envelope an additional 30 feet to 75 feet wide. Acquisition of seven feet of
right-of-way along the south side of 85th Street between Nashua Avenue and Page
Avenue for the 85th Street improvement project further reduces the width of the building
envelope to 66 feet.
For corner lots such as Mr. Brand's property, the preferred orientation of a house is to
the front of the lot abutting Packard Avenue to be consistent with other homes within the
same subdivision and minimize exposure to existing and planned traffic volumes on 85th
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Street. The City's action in designating 85th Street (and Page Avenue) as a collector
street, requirement of a 65 foot setback from the collector street and acquisition of
additional right-of-way creates many non -conforming buildings adjacent to these streets
and limits the options the property owners have to redevelop their properties more than
before the City's actions. To eliminate the non -conforming status of the properties
abutting 85th Street Page Avenue that were platted and mostly developed prior to the
City's incorporation, City staff is proposing a provision be added to the R-2 and R-3
Zoning Districts exempting lots of record final platted prior to 15 November 1990 that
abut 85th Street between Nashua Avenue and Page Avenue and abut Page Avenue
between 85th Street and 95th Street from the 65 foot setback requirement.
Accessory Buildings. A second issue was raised in discussions with Mr. Brand
regarding the existing limits on the area of attached and detached accessory buildings.
Mr. Brand would like to construct a 36 x 30 attached garage on the house he wants to
build on his property. The area of the garage would be 1,080 square feet, which
exceeds the 1,000 square foot limit for attached structures established by Section 20-
16-4.B.4.b of the Zoning Ordinance. This issue has come up before with other building
requests and given that the proposed dimensions are a more standardized width and
depth, City staff would recommend the Zoning Ordinance be amended to change the
maximum area for an attached garage from 1,000 square feet to 1,080 square feet.
We would also recommend this change be made for the maximum area of a detached
accessory structure for lots one acre in area or less.
Commissioner Aaron Stritesky has also asked City staff about a potential change to
Section 20-16-4.B.7 of the Zoning Ordinance regarding the allowed detached accessory
building area for lots in the R -4A and R-4 zoning districts. The initial Zoning Ordinance
adopted in 1991 established allowances for accessory buildings for urban sized lots in
advance of the City providing sanitary sewer and water utilities in 1998 and platting of
these lots. The initial limits were written as allowing an attached or detached garage up
to 750 square feet and that a second detached accessory structure not to exceed 150
square feet was allowed when there was an attached garage on the property. In 1998,
the Zoning Ordinance was amended to create stand-alone provisions for attached and
detached structures establishing maximum size of an attached garage as 1,000 square
feet and the maximum area of a detached structure as 150 square feet for urban single
family lots. The Zoning Ordinance was again amended in 2008 to increase the
potential area of a detached structure up to 360 square feet for lots in the R-4 and R -4A
Districts based on lot size, although the Planning Commission did not recommend
approval of this amendment. The maximum area of 360 square feet was established
specifically to discourage construction of a detached accessory structure that could
accommodate a car or truck from being parked inside.
Commissioner Stritesky is proposing that Section 20-16-4.B.7 of the Zoning Ordinance
be amended to regulate the area of attached and detached accessory space within an
R-4 or R -4A District lot cumulatively. Commissioner Stritesky uses his own 24,223
square foot lot within the R-4 District as an example. The Zoning Ordinance currently
allows a maximum 1,000 square foot attached garage and a maximum 360 square foot
detached structure for a total of 1,360 square feet of accessory building area. The
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existing attached garage on Commissioner Stritesky's house is 864 square feet or 136
square feet less than the maximum area allowed by the Zoning Ordinance.
Commissioner Stritesky proposes to revise the Zoning Ordinance such that the 136
square feet of unused attached accessory building space may be added to the allowed
detached accessory building space to allow for construction of a detached accessory
building up to 496 square feet (approximately 22 x 22 or about the size of a two car
garage). However, for a lot where the minimum area required by the Zoning Ordinance
for an attached garage of 480 square feet was built, Commissioner Stritesky suggests
allowing up to an 880 square foot detached structure.
The intent of the Zoning Ordinance as originally written and amended over time has
been to promote construction of attached garages and provide for limited detached
accessory structures for incidental use and storage, particularly within the sewer
districts where density of development means less open space within each lot and
where buildings are typically built to the setback lines. Application of this change would
be fairly limited to unique lots in the R-4 District, such as Commissioner Stritesky's, that
are significantly over the minimum lot size of 12,000 square feet and have rear yards
abutting collector or arterial streets with sufficient area to accommodate a detached
structure of this size within required setbacks, the maximum 30 percent lot coverage
limit and maximum 25 percent of the area of the rear yard limit for accessory structures
also established by the Zoning Ordinance. The minimum lot size of 18,000 square feet
required in the R -4A Zoning District may provide more opportunities for larger detached
structures under the change proposed by Commissioner Stritesky. Structures larger
than 360 square feet also may be constructed to accommodate cars and trucks, which
would necessitate provision of paved driveway access setback a minimum of five feet
from property lines. The Planning Commission must consider if allowance if the change
proposed by Commission Stritesky to allow the opportunity for larger detached
accessory buildings is appropriate and desirable in terms of the character of
development within the sewer districts.
CONCLUSION
The information outlined herein is provided for discussion by the Planning Commission.
City staff is seeking direction to proceed with draft of amendments to the Zoning
Ordinance related to the setback and accessory building issues presented by the Kevin
Brand property and also the proposal by Commissioner Stritesky related to accessory
building area.
C. Lori Johnson, City Administrator
Tami Loff, City Clerk
Ron Wagner, City Engineer
Andy MacArthur, City Attorney
11
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