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