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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 2 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 3 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. 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