Item 3.7 Amending Ordinance regarding Administrative and residential accessory buildings0 tSTe F o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
8 February 2021
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director Flaherty
3.7 — Zoning Ordinance
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends adoption of an ordinance amending the Zoning Ordinance regarding administrative
procedures and residential accessory buildings.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission 4 January 2021.
BACKGROUND/JUSTIFICATION:
The Planning Commission held a public hearing on 4 January 2021 to consider a Zoning Ordinance
amendment that included provisions related to administrative permits and residential accessory buildings.
■ Section 8 of the Zoning Ordinance establishes provisions for administrative permits. The draft
Zoning Ordinance amendment includes a provision that all administrative permits terminate for
non-use after one year or with the sale of the property.
■ The area allowed for detached accessory buildings is established on a sliding scale provided for in
Section 1148-2.0 of the Zoning Ordinance corresponding to lot area starting at 1,000 square feet
for a 1.0 acre lot. For lots within the R-C, 11-1, R-2, and R-3 District that are 2.01 acres or larger,
the scale is maxed out at 2,000 square feet and a maximum area of 1,500 square feet for any one
building. City staff has observed that the 1,500 square foot limit for any one building effectively
limits the accessory building space as most properties will not utilize the additional 500 square feet
unless there is an existing detached garage. We recommend that the 1,500 square foot limit for
any one detached accessory building within the R-C, 114, 11-2, and R-3 Districts be removed.
■ Within the R-C, R-1, R-2, and R-3 Districts, the height of detached accessory buildings are limited to
16 feet, which is measured to the mid -point of pitched roof. Property owners intending to
construct a detached accessory building to park a motorhome or camper trailer have noted
difficulty in designing the structure to provide sufficient height for the garage door without utilizing
an unusually flat roof pitch. We recommend that the building height for detached accessory
structures within the R-C, 114, R-2, and 11-3 Districts be increased to 20 feet measured to the
midpoint of the pitched roof.
The Planning Commission heard public comments supporting the change from one resident that would
benefit from the change to be able to expand their existing building versus having to build a separate
structure. The Planning Commission also supported this change to allow property owners the opportunity
to use all the area for an accessory building and to accommodate oversized vehicles such as RVs. The
Public Hearing was closed at the 4 January 2021 meeting and at the 1 February 2021 meeting the Planning
Commission voted 7-0 to recommend approval of the proposed ordinance amendments.
SUPPORTING DOCUMENTS ATTACHED:
■ Ordinance 2021-03 (with changes)
■ Ordinance 2021-03 (clean)
■ Summary of Ordinance 2021-03 (for publication)
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKElTTO APPEAR IN THE MINUTES: _ �
Motion to adopt Ordinance 2021-03 amending the Zoning Ordinance related to administrative permits and
residential accessory buildings and approve publication in summary form.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
ORDINANCE NO.: 2021-03
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING ADMINISTRATIVE PERMITS AND
RESIDENTIAL ACCESSORY BUILDINGS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-8-6 of the Zoning Ordinance (Administrative Permits —Expiration of
Permit Approval) is hereby amended to read as follows:
1-8-6: EXPIRATION OF PERMIT APPROVAL: Unless otherwise specified by the Zoning Administrator at
the time it is authorized, an administrative permit shall be null and void and expire if:
A. The applicant fails to utilize such administrative permit and fulfill each and every condition
attached thereto within one 1Myear from the date of its authorization unless a petition for an
extension of time in which to complete or utilize the permit has been granted by the Zoning
Administrator; provided, that:
A1. The extension is requested in writing and filed with the City at least thirty (30) days prior
to the expiration of the initial administrative permit request.
�2. The request for extension states facts demonstrating that a good faith attempt has been
made to complete or utilize the use or activity permitted in the administrative permit.
�3. A maximum of one�1 administrative extension shall be granted.
s4. The extension shall not exceed ninety (90) days from the initial administrative permit
expiration date.
€5. There shall be no charge for the filing of a petition for an administrative extension.
B. The applicant sells or transfers ownership of the property.
C The use allowed by the administrative permit is discontinued for a aeriod of more than one (11
Section 2. Section 11-18-2.C.5.b of the Zoning Ordinance (Accessory Buildings —Detached Single
Family and Two Family Uses) is hereby amended to read as follows:
b. For parcels located within the sewer service district or long range urban service
area or those parcels with an area of five (5) acres or less:
14
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{2}—The total floor area of all accessory structures shall not exceed two
hundred percent (200%) of the gross floor area of the principal
structure, or shall not exceed the maximum combined accessory area
allowed based upon lot size, as outlined in this chapter, whichever is the
least.
Section 3. Section 11-18-2.C.6 of the Zoning Ordinance (Accessory Buildings —Detached Single
Family and Two Family Uses) is hereby amended to read as follows:
6. Detached accessory buildings and structures within the R-C, R-1, R-2, and R-3 Districts:
a. The total floor area allowed for all detached accessory buildings shall be as
follows:
Lot Area
(Acres)
Maximum Total Floor Area Of All
Detached Accessory Structures
(Square Feet)
0.00 to
1.00
11080
1.01 to
2.00
11500
2.01 or
larger
21000
sb. The total floor area of all accessory structures shall not exceed two hundred
percent (200%) of the gross floor area of the principal structure, or shall not
exceed the maximum combined accessory area allowed based upon lot size as
outlined in this chapter, whichever is the least.
dc. There is to be no more than two (2) detached private garages or accessory
structures for each detached single- ortwo-family dwelling.
Section 4. Section 11-18-2.F.1 of the Zoning Ordinance (Accessory Uses and Buildings Generally
—Accessory Building Height) is hereby amended to read as follows:
1. Maximum Height Generally:
Zoning District
Maximum Height
A-1
District
limit
but
not
higher
than
the
principal
building
A-2
District
limit
but
not
higher
than
the
principal
building
R-C
16 #eet20feet
R-1
16 #eet20 feet
R-2
16 feet20 feet
R-3
16 feet20 feet
R-4A
16 feet
R-4
16 feet
R-5
16 feet
R-6
16 feet
R-7
16 feet
INS
District
limit
but
not
higher
than
the
principal
building
B-1
16 feet
B-2
District
limit
but
not
higher
than
the
principal
building
B-3
District
limit
but
not
higher
than
the
principal
building
B-4
District
limit
but
not
higher
than
the
principal
building
1-1
District
limit
but
not
higher
than
the
principal
building
1-2
District
limit
but
not
higher
than
the
principal
building
1-3
District
limit
but
not
higher
than
the
principal
building
Section 5. This Ordinance shall become effective immediately upon its passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED.
ADOPTED by the City Council of the City of Otsego this 8th day of February, 2021.
3
CITY Or OTSEGO
BY:
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
ORDINANCE NO.: 2021-03
CITY OF OTSEGO
COUNTY OF WRIGHT0 MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING ADMINISTRATIVE PERMITS AND
RESIDENTIAL ACCESSORY BUILDINGS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-8-6 of the Zoning Ordinance (Administrative Permits —Expiration of
Permit Approval) is hereby amended to read as follows:
1-8-6: EXPIRATION OF PERMIT APPROVAL: Unless otherwise specified by the Zoning Administrator at
the time it is authorized, an administrative permit shall be null and void and expire if:
A. The applicant fails to utilize such administrative permit and fulfill each and every condition
attached thereto within one (1) year from the date of its authorization unless a petition for an
extension of time in which to complete or utilize the permit has been granted by the Zoning
Administrator; provided, that:
1. The extension is requested in writing and filed with the City at least thirty (30) days prior
to the expiration of the initial administrative permit request.
2. The request for extension states facts demonstrating that a good faith attempt has been
made to complete or utilize the use or activity permitted in the administrative permit.
3. A maximum of one (1) administrative extension shall be granted.
4. The extension shall not exceed ninety (90) days from the initial administrative permit
expiration date.
5. There shall be no charge for the filing of a petition for an administrative extension.
B. The applicant sells or transfers ownership of the property.
C. The use allowed by the administrative permit is discontinued for a period of more than one (1)
year.
1
Section 2. Section 11-18-2.C.5.b of the Zoning Ordinance (Accessory Buildings — Detached Single
Family and Two Family Uses) is hereby amended to read as follows:
b. For parcels located within the sewer service district or long range urban service
area or those parcels with an area of five (5) acres or less, the total floor area of
all accessory structures shall not exceed two hundred percent (200%) of the
gross floor area of the principal structure, or shall not exceed the maximum
combined accessory area allowed based upon lot size, as outlined in this
chapter, whichever is the least.
Section 3. Section 11-18-2.C.6 of the Zoning Ordinance (Accessory Buildings —Detached Single
Family and Two Family Uses) is hereby amended to read as follows:
6. Detached accessory buildings and structures within the R-C, R-1, R-2, and R-3 Districts:
a. The total floor area allowed for all detached accessory buildings shall be as
follows:
Lot Area
(Acres)
Maximum Total Floor Area Of All
Detached Accessory Structures
(Square Feet)
0.00 to
1.00
11080
1.01 to
2.00
11500
2.01 or
larger
21000
b. The total floor area of all accessory structures shall not exceed two hundred
percent (20070) of the gross floor area of the principal structure, or shall not
exceed the maximum combined accessory area allowed based upon lot size as
outlined in this chapter, whichever is the least.
c. There is to be no more than two (2) detached private garages or accessory
structures for each detached single- ortwo-family dwelling.
2
Section 4. Section 11-18-2.F.1 of the Zoning Ordinance (Accessory Uses and Buildings Generally
— Accessory Building Height) is hereby amended to read as follows:
1. Maximum Height Generally:
Zoning District
Maximum Height
A-1
District
limit
but
not
higher
than
the
principal
building
A-2
District
limit
but
not
higher
than
the
principal
building
R-C
20 feet
R-1
20 feet
R-2
20 feet
R-3
20 feet
R-4A
16 feet
11-4
16 feet
R-5
16 feet
R-6
16 feet
R-7
16 feet
INS
District
limit
but
not
higher
than
the
principal
building
B-1
16 feet
13-2
District
limit
but
not
higher
than
the
principal
building
B-3
District
limit
but
not
higher
than
the
principal
building
B-4
District
limit
but
not
higher
than
the
principal
building
I-1
District
limit
but
not
higher
than
the
principal
building
1-2
District
limit
but
not
higher
than
the
principal
building
1-3
District
limit
but
not
higher
than
the
principal
building
Section 5. This Ordinance shall become effective immediately upon its passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR.
THOSE OPPOSED.
ADOPTED by the City Council of the City of Otsego this 8th day of February, 2021.
3
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
SUMMARY ORDINANCE NO.: 2021-03
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING ADMINISTRATIVE PERMITS AND
RESIDENTIAL ACCESSORY BUILDINGS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-8-6 of the Zoning Ordinance is hereby amended to establish provisions for
expiration or termination of Administrative Permits.
Section 2. Section 11-18-2.C.5.b of the Zoning Ordinance is hereby amended to eliminate the
maximum area limit for any one detached accessory building.
Section 3. Section 11-18-2.C.6 of the Zoning Ordinance is hereby amended to eliminate the
maximum area limit for any one detached accessory building.
Section 4. Section 11-18-2.F.1 of the Zoning Ordinance (Accessory Uses and Buildings Generally
— Accessory Building Height) is hereby amended to establish a 20 foot height limit for detached
accessory buildings within the RC, R1, R2, and R3 Districts.
Section 5. This Ordinance shall become effective immediately upon its passage and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 8tn day of February, 2021.
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST: Audra Etzel, City Clerk
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in
summary form. Complete copies of the ordinance are available for inspection by contacting the City
Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.
L