Loading...
09-17-01 PC"ORTHWIST ASSOCIATRO CONSULTANTS', INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council Otsego Planning Commission FROM: Daniel Licht DATE: 28 August 2001 RE: Otsego - Zoning Ordinance; Detached Accessory Buildings FILE NO.: 176.08 - 01.09 BACKGROUND The Planning Commission has been reviewing the provisions of the Zoning Ordinance regarding commercial stables and detached accessory building standards for the Rural Service Area. This issue is being reviewed because of concern about the possible mis- use of the commercial stable CUP allowance in order to be permitted a larger accessory building than provided for residential uses. Based upon this review, the Planning Commission has prepared a draft amendment to the Otsego Zoning Ordinance that would expand the allowed detached accessory building area within the Rural Service Area. Exhibits: A. Accessory Building Space Matrix B. Ordinance Amendment ANALYSIS Commercial Stables. Commercial stables are allowed by CUP within the Rural Service Area on parcels zoned A-1 District. As an agricultural use, there is no limit on the size or number of outbuildings that a commercial stable may construct. Specific performance standards applicable to a commercial stable are outlined in Section 20-26-5 and include a minimum lot size of 10 acres and increased setbacks from residential uses. The primary focus of this Ordinance review has been to differentiate commercial stables from a residential use or hobby farm, so as to consistently apply the appropriate standards. One issue raised as part of the discussion has been that no definition of commercial stables is included within the Ordinance. Section 1 of the draft Ordinance amendment would provide a definition of the use. The City may then interpret what is and what is not a commercial stable. Accessory Buildings. The basis of this issue is the perception that the City may see requests for commercial stable CUPs on residential properties. To address this issue, consideration has been given to expanding the allowed detached accessory building area for properties within the Rural Service Area based upon lot size. The concept is to allow for additional accessory building space that meets the storage needs of residents while maintaining an appropriate scale and compatibility with the residential use. The language outlined in Section 3 of the draft Ordinance would expand the existing scale for detached accessory building area allowed in the Rural Service Area (Section 20-16- 4.13.6). For each acre above one acre, an additional 500 square feet of detached accessory building space is allowed. The maximum amount of detached accessory building area would be 6,000 square feet, which would be limited to parcels latgerthan ten acres. The current Ordinance would limit the maximum detached accessory building area to 3,000 square feet. Due to the increases provided for by the amendment, the current restriction that the maximum size of any one detached accessory building not exceed 1,500 square feet must be revised. The proposed amendment would limit the size of any detached accessory building on parcels five acres in size or smaller to 1,500 square feet. No maximum size of any one detached accessory building would apply to parcels larger than five acres. For consistency purposes, we have also revised the language in existing Section 20-16- 4.6.5 to provide a table format for the allowed detached accessory building area for unsewered Zoning District within the Urban Service Area (Section 2 of the Ordinance amendment). Because this area is planned for future urban expansion or is already developed with one -acre lots, no changes in the allowed detached building area have been proposed. Criteria. Section 20-3-2.F of the Zoning Ordinance outlines criteria that the Planning Commission and City Council are to consider in reviewing the proposed amendment, which are listed below. In that the amendments are based upon ensuring consistent application of the Zoning Ordinance, compatibility of adjacent land uses and appropriate development scale, no negative impacts are anticipated. 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Page 2 of 3 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). 4. The proposed use's effect upon the area in which it is proposed. 5. The proposed use's impact upon property values of the area in which it is proposed. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. CONCLUSION To address exploitation of a potential loophole in the Zoning Ordinance for detached accessory buildings within the Rural Service Area, the Planning Commission has prepared a draft amendment. The amendment expands the area of detached accessory buildings allowed for residential uses in the Rural Service Area based upon lot size. Properties that may also have proposed to be a commercial stable would be allowed up to 6,000 square feet of detached accessory building area. No changes to the accessory building allowances are proposed for the Urban Service Area. The proposed Ordinance amendment will be considered at a public hearing held at the TUESDAY, September 4, 2001 Planning Commission meeting. PC. Mike Robertson Judy Hudson Jerry Olson Andy MacArthur Ron Wagner Page 3 of 3 SINGLE/TWO FAMILY ACCESSORY BUILDING REGULATION MATRIX (Reference Section 20-16-4 of the Zoning Ordinance) EXHIBIT A Urban Service Area Rural Service Area (All Districts" R -4/R -5/R -6/R-7 A -1/A -2/R -C/ Zoning Districts R -1/R -2/R3 Zoning Districts Exemptions Farms and uses in the R -MH District to be regulated in the R -MH District section. Attached Accessory Min 480 sq. ft / Min 480 sq. ft / Min 480 sq. ft / Structures Max 1,000 sq. ft. Max 1,000 sq. ft. Max 1,000 sq. ft. Detached Existing Max 150 sq. ft. w/ 1,000 sq. ft. + 500 sq. ft. for 1,000 sq. ft. + 500 sq. ft. Accessory attached garage or each additional for each additional Structures 1,150 w/out acre > 1 acre up to 2,000 acre > 1 acre up to attached garage sq. ft. Maximum size of a 3,000 sq. ft. Maximum building = 1,500 sq. ft. size of a building = 1,500 sq. ft. Proposed No Change No Change 1,000 sq. ft. + 500 sq. ft. for each additional acre > 1 acre up to 6,000 square feet. Maximum size of a building = 1,500 sq. ft. for parcels WE of five acres or less. Number of structures No more than one No more than two detached No more than two detached structure structures per dwelling. detached structures per per dwelling. dwelling. Relation to Size of No regulation Total floor area of all Total floor area of all Principal Structure accessory structures shall accessory structures not exceed 200 percent of shall not exceed 200 the gross floor area of the percent of the gross principal structure or the floor area of the maximum combined area principal structure or allowed based upon lot size, the maximum combined whichever is least. area allowed based upon lot size, whichever is least for parcels less than or equal to 5 acres. No limit for parcels greater than 5 acres. Setbacks 10 ft from side/rear lot line < 1,000 sq. ft. Principal building setback >-1,000 sq. ft. Pole Buildings Not allowed Allowed in A-1 and A-2 District on parcels 5 acres in area or larger. EXHIBIT A CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2001 - AN ORDINANCE AMENDING THE RESIDENTIAL ACCESSORY STRUCTURE PROVISIONS OF THE OTSEGO ZONING ORDINANCE FOR DETACHED ACCESSORY STRUCTURES WITHIN THE RURAL SERVICE AREA. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-2-2.0 of the Zoning Ordinance (Definitions) is hereby amended to include the following.- Commercial ollowing: Commercial Stable: An agricultural use involving the keeping horses or other farm animals, in numbers that do not constitute an animal feedlot, by providing services and facilities for boarding and care of animals not belonging to the property owner or tenant, breeding, and recreational or therapeutic riding programs for hire as part of a commercial enterprise. Section 2. Section 20-16-4.B.5.a of the Zoning Ordinance (Detached Accessory Buildings - Urban Service Area) is hereby amended to read as follows: a. Within the A-1, A-2, R -C, R-1, R-2, and R-3 Zoning Districts: (1) The total floor area allowed for all detached accessory buildings shall be as follows: Lot Area Maximum Total Floor Area of All Detached Accessory Structures 0.00 to 1.00 ac. 1,000 square feet 1.01 to 2.00 ac. 1,500 square feet 2.01 ac. or larger 2,000 square feet (2) In no case shall the floor area of an individual detached accessory building exceed one thousand five hundred (1,500) square feet. (3) The total floor area of all accessory structures shall not exceed two hundred (200) percent 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 section, whichever is least. EXHIBIT B (4) No building permit shall be issued for more than two (2) detached private garages or accessory structures for each detached single or two-family dwelling. Section 2. Section 20-16-4.B.6 of the Zoning Ordinance (Detached Accessory Buildings - Rural Service Area) is hereby amended to read as follows: 6. Detached accessory buildings within the Rural Service Area as defined by the Comprehensive Plan. - a. The total floor area allowed for all detached accessory structures shall be as follows: Lot Area Maximum Total Floor Area of All Detached Accessory Structures 1.00 ac. or smaller 1,000 square feet 1.01 ac. to 2.00 ac. 1,500 square feet 2.01 ac. to 3.00 ac. 2,000 square feet 3.01 ac. to 4.00 ac. 2,500 square feet 4.01 ac. to 5.00 ac. 3,000 square feet 5.01 ac. to 6.00 ac. 3,500 square feet 6.01 ac. to 7.00 ac. 4,000 square feet 7.01 ac. to 8.00 ac. 4,500 square feet 8.01 ac. to 9.00 ac. 5,000 square feet 9.01 ac. to 10.00 ac. 5,500 square feet 10.01 ac. and larger 6,000 square feet b. For parcels with an area of five (5) acres or less: (1) In no case shall the floor area of an individual detached accessory building exceed one thousand five hundred (1,500) square feet for parcels with an area of five acres or less. (2) The total floor area of all accessory structures shall not exceed two hundred (200) percent 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 section, whichever is least. C. No building permit shall be issued for more than two (2) detached private garages or accessory structures for each single family dwelling. Section 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 10th day of September 2001. CITY OF OTSEGO L'YA ATTEST: Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk