HomeMy WebLinkAbout07-25-2017 Worksession Packet 1
City of Oak Park Heights Worksession
Date: Tuesday, July 25, 2017
Time: 5:00 p.m.
Location: Oak Park Heights City Hall Conference Room
1. Call to Order
2. Nolde Financing—Phase V
3. 2018 Budget
4. Lookout Trail/MNDOT
5. Accessory Structures Ordinances
6. Adjourn
Page 1 of 68
THIS PAGE INTENTIONALLY LEFT BLANK
Page 2 of 68
City of Oak Park He hts
14168 Oak Park Blvd. N•Box 2007.Oak Pei is 082•Phone 651 439-4439•Fax 651 439-0574
7.21-17
TO: Mayor and City CGehasthefbollo
FROM: Eric Johnson,CI
RE: Worksession 7-2
For the 7125117 Worksession-at this ti slated for discussion,please let me know if you have any question
about these items:
NOLDE Phase V—Financino Matter:
Staff did meet with Mr. Nolde to discuss the issuance of a$16,000,000 pass-through bond that would aid in the financing of his
last phase.To date the City has issued two of these bonds for previous phases.These bonds to not become the debt of the City,
but allow the developer to secure certain tax free or other tax credit advantages that then are applied to reduce the overall cost of
the project and its debt load—thus in theory reducing the rates of the units.All units must be market rate housing,i.e.This is not
°section 8"nor a subsidized housing facility.
However,the CITY must petition the State of MN for certain bond allocations but must make definitive statements as to the specified
ages allowed in the facility.This statement can have some nuance and possible confusion—being that the State places a secondary
priority on facilities that are only 55-and older;therefore,making it more difficult to secure a bond allocation—due to limited supply
as established by the Federal Gov. The City will be asked to define if Phase V is a"Senior housing facility"—versus a"55 and
over facility"—or simply indicate that AGE it is not defined.
There are some legal concerns with these choices that need to be discussed.If the City does not make some clear definitions and
embed assurances in the Agreements—for seniors only-is there a longer-term risk to the City with these units being open to any
age or families—not just seniors?In the past,there was less competition for these funds for the age question was not as impactful.
The enclosed memo from Jenny Boulton of Kennedy&Graven—dated July 20th,2017 does discuss some of these questions;Ms.
Boulton will also be present to facilitate further discussion.
To date,the City has placed the following restrictions based on Age:
• Phase I—Being Senior°Shall remain as Senior housing"—but not a spedfic age—Amended in Phase ll.
• Phase I I—Clarified as 55 and over—But did retroactively include Phase I.
• Phase III—Limited to 50 and over(MEMORY CARE)
• Phase IV—Limited to 55 and over
Deviating from this philosophy could cause concems in the future-if and when—the market demand for senior housing may
decline. It is at that time the Council would reflect that retaining the ave restriction was a positive choice and would give-greater
options in the future on how these sites will be used. Ultimately,if the Council was comfortable to move forward,-with or without
the age restrictions-the City must adopt a RESOLUTION—copy enclosed.For the sake of continuity- Staff will insert a placeholder
item on the Council agenda—which can be removed or allowed to proceed depending on the outcome of the discussion
2018 Budget:
Betty Caruso,the City Finance Director has provided a preliminary budget for discussions and will be present to walk through some
of these early iterations.There is a binder here at City Hall in your mailbox that contains this data.
Lookout Trail I MNDOT:
At the June 27th, 2017 City Council meeting/workshop the Council did discuss the concept of the City assuming control and
ownership of this roadway.Staff has had an opportunity to review some of the past discussions and draft agreements from 2014.
Please see the enclosed memo dated—7/11117 as to the Staff conclusions of that review.
Accessory Structures:
Please see the Memo dated 6/21/17 from City Planner Scott Richards.
Page 3 of 68
Oak Park Senior Living
City Approval Documents
Phase(s) I, II, III, IV & V.
This packet of information is assembled to provide the key City approval documents necessary for what
has been actually constructed at the site.Additional documentation also relates to these lands and their
related developments.but are not included herein-
The"site"itself being those lands west of Oakgreen Ave;North of W street;east of Nova Scotia Ave
and south of the Xcel Energy Transmission lines.
The map below is meant to show a general location of each phase—the total units permitted across the
entire site is 350 total units.
PHASE III
HASE V
...+..: - 1.. PHASE I
CkAKa
i
I
— —" PHASE ll
HASE N "9i11� I
TV
t ill�li8
Page 4 of 68
fr1 M �� Offices in 470 U.S.Bank Plaza
.enne � 200 South Sixth Street
Minneapolis Minneapolis MN 55402
G & Saint Paul (612)337-9300 telephone
raven en 16121337-9310 fax
St.Cloud www.kennedy-graven.com
CHARTERED AeA--Equal oaerF-rloy-
MEMORANDUM
TO: Mayor and Council Members of the City of Oak Park Heights and
Eric Johnson, City Administrator
FROM: Jenny Boulton,Kennedy&Graven,Chartered
DATE: July 20,2017
RE: Application for Allocation of Bonding Authority Pursuant to Minnesota Statutes,
Chapter 474A
Green Twig Villas 11 LLLP, a Minnesota limited liability limited partnership (the
"Borrower") has proposed that the City of Oak Park Heights, Minnesota (the "City") issue up to
$16,000,000 of revenue bonds(the"Bonds")the proceeds of which will be loaned by the City to the
Borrower to finance the acquisition, construction, and equipping of an approximately 72-unit, 3-
story apartment building with an underground parking garage to be located at the intersection of
Nova Scotia Avenue and Lower 59th Street North in the City(the"Project").
In order to issue the Bonds for this type of facility, the City would need to make an
application for an allocation of the bonding authority to the office of Minnesota Management and
Budget ("MMB") pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended
(the"Allocation Act's. Under the Allocation Act,no allocation may be made to a project"restricted
to persons who are 55 years of age or older"prior to May 15 of any year.In addition,throughout the
year, an allocation will be made to a project"restricted to persons who are 55 years of age or older"
only after other projects which are not"restricted"receive their allocations,if submitted at the same
time (in other words projects "restricted to persons who are 55 years of age or older" receive
bonding allocations on a lower priority basis).
The next opportunity to apply for an allocation is on July 31, 2017. There is expected to be
significant competition for this limited resource. The application requires a statement from the City
or bond counsel as to whether the project is restricted to persons who are 55 years or older.
In the last two years there has been greater competition for bonding allocations making this
distinction between"restricted"and not"restricted"projects more significant. At the same time,the
interpretation of the meaning of"restricted to persons who are 55 years of age or older"has been in
flux. This memorandum addresses the City's options in submitting its application for allocation of
bonding authority for the Project.
A. Background
State and federal fair housing laws prohibit discriminatory practices in housing on the basis
of "familial status". However, state and federal fair housing laws provide exceptions (i) for
facilities exclusively for persons aged 62 and older or(ii)facilities in which at least 80%of the units
503928v3 AK145-7
Page 5 of 68
Page 2
are occupied by at least one person 55 years of age or older and there is publication of policies and
procedures that demonstrate the property owner's intent to provide housing for persons 55 years of
age or older. There has been an apparent lack of clarity as to the relationship between those laws
and what "restricted" means under the Allocation Act. Prior to 2016 the Allocation Act was
generally interpreted in a way that meant that if a property owner planned to exclude potential
tenants on the basis of age or familial status in a way that required compliance with state and federal
fair housing laws as described above,then the project was considered"restricted to persons who are
55 years of age or older"for purposes of the Allocation Act.
Then, in 2016 a housing developer with projects in two Minnesota cities proposed to MMB
that a project was not "restricted to persons who are 55 years of age or older" if 20% of the units
could be occupied by persons who were not 55 years of age or older. Legal counsel for MMB
concluded that the phrase "restricted to persons who are 55 years of age or older" was ambiguous
and could be interpreted to permit projects as not being "restricted" if 20% of the units could be
occupied by persons who were not 55 years of age or older. Thereafter in 2016 the new standard
was applied to several projects but the only applicant at the time which might have received a higher
priority under the previous interpretation withdrew its application.
In January of 2017, MMB indicated its intent to return to the pre-2016 interpretation of the
Allocation Act and several projects did not receive an allocation for bonding authority. However,
subsequent court proceedings regarding one project seem to suggest that it might be possible to look
only to requirements imposed by a city and not to state and federal fair housing restrictions that
would be imposed in order to comply with those city restrictions. In that particular instance the city
imposed the requirement that at least one resident in each unit must be 50 years of age or older. In
that case the housing developer argued that the project was not "restricted to persons who are 55
years of age or older"because it was merely restricted to persons who are 50 years of age or older.
The matter was not litigated on the merits but the court determined that the housing developer
would have a reasonable chance of success if it were litigated and ordered the bonding authority be
allocated to the city. The court did not make a clear statement that the state and federal fair housing
laws were not a restriction for purposes of the Allocation Act but did not find that those laws did
impose a restriction for purposes of the Allocation Act. As a result, the expectation is that at least
one city will submit an application at the next opportunity for a project that is restricted by the city
to persons who are 50 years of age or older and that city's expectation is that it will receive an
allocation on the basis that it is not restricted to persons who are 55 years of age or older. But there
is no assurance from MMB that that interpretation has been accepted.
B. Options for the City's Application
The City faces a choice in submitting its application for bonding allocation. If the City
imposes an age restriction on the Project, there is a possibility that MMB will interpret that as a
project that is"restricted to persons who are 55 years of age or older"for purposes of the Allocation
Act. In the current environment of significant competition for bond allocation, a project that is
"restricted to persons who are 55 years of age or older" is unlikely to get an allocation in 2017.
There appear to be two options:
1. Do not impose an age restriction on the Project but refer to the Project as a senior housing
facility. This is consistent with the approach taken for the first phase of the Oakgreen development
5039280 AK145-7
Page 6 of 68
Page 3
in 2010 when the City applied for and was allocated bonding authority. In that instance the project
was designed for and marketed to seniors but was not age restricted. This option gives the City the
best chance of success in its application for allocation.
2. Impose a restriction on the Project that at least one resident in each unit must be 50 years
of age or older and take the position that the project that is not "restricted to persons who are 55
years of age or older" based on the court proceedings earlier in 2017. There is a possibility that
MMB will not accept the City's interpretation and the project will not receive an allocation of
bonding authority in 2017.
If you have questions about the matters in this memo,please let me know. I will attend the
work session on Tuesday,July 25,2017 to discuss the City's options.
5039280 AK145-7
Page 7 of 68
RESOLUTION
RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING
A MULTIFAMILY SENIOR HOUSING DEVELOPMENT AND GRANTING
PRELEMINARY APPROVAL TO THE ISSUANCE OF REVENUE
BONDS TO FINANCE THE COSTS THEREOF UNDER MINNESOTA
STATUTES,CHAPTER 462C,AS AMENDED;
(OAK GREEN VILLAS PROJECT)
BE IT RESOLVED by the City Council of the City of Oak Park Heights,Minnesota(the"City"),
as follows:
Section 1. Recitals.
1.01. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is
authorized to carry out the public purposes described in the Act by providing for the issuance of revenue
bonds to finance or refinance multifamily housing developments located within the City.
1.02. As a condition to the issuance of such revenue bonds, the City must adopt a housing
program providing the information required by Section 462C.03, subdivision la of the Act(the "Housing
Program").
1.03. Green Twig Villas II LLLP, a Minnesota limited liability limited partnership (the
"Borrower"), has proposed that the City, pursuant to the Act, issue its revenue bonds in an aggregate
principal amount not to exceed $16,000,000, in one or more series at one time or from time to time (the
`Bonds"),the proceeds of which will be loaned by the City to the Borrower to be applied by the Borrower
to the(i)acquisition, construction,and equipping of an approximately 72-unit, 3-story apartment building
with an underground parking garage to be located at the intersection of Nova Scotia Avenue and Lower
59th Street North in the City(the"Project"); (ii)payment of all or a portion of the interest on the Bonds
during the construction of the Project, if necessary; (iii) funding of one or more reserve funds to secure
the timely payment of the Bonds, if necessary; and(iv)payment of all or a portion of the costs of issuing
the Bonds.
1.04. As a condition to the issuance of the Bonds,the City Council must conduct a public hearing
in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended(the "Code"), and
Section 462C.04,subdivision 2 of the Act.
1.05. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding
authority of the State of Minnesota. An application for such an allocation may be made to the office of
Minnesota Management and Budget pursuant to the requirements of Minnesota Statutes, Chapter 474A,
as amended(the "Allocation Act") after the City must grants preliminary approval to the issuance of the
Bonds to finance the Project.
Section 2. Preliminary Findings. Based on representations made by the Borrower to the City to
date, the City Council of the City hereby makes the following preliminary findings, determinations, and
declarations:
(a) The Project consists of the acquisition, construction, and equipping of a multifamily
rental housing development designed and intended to be used for rental occupancy.
502693A JSB AK145-7
Page 8 of 68
(b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan
will be applied to: (i)the acquisition,construction,and equipping of the Project;(ii)the funding of one or
more reserve funds to secure the timely payment of the Bonds, if necessary; (iii) payment of all or a
portion of the interest on the Bonds during the construction of the Project, if necessary; and(iv)payment
of all or a portion of the costs of issuing the Bonds. The City will enter into one or more loan agreements
(or other revenue agreements) with the Borrower requiring loan repayments from the Borrower in
amounts sufficient to repay the loan when due and requiring the Borrower to pay all costs of maintaining
and insuring the Project,including taxes thereon.
(c) In preliminarily authorizing the issuance of the Bonds and the financing of the
acquisition, construction, and equipping of the Project and related costs,the City's purpose is to further
the policies of the Act.
(d) The Bonds will be special, limited obligations of the City payable solely from the
revenues pledged to the payment thereof, and will not be a general or moral obligation of the City and
will not be secured by or payable from revenues derived from any exercise of the taxing powers of the
City.
Section 3. Public Hearing. The City Council will conduct a public hearing on the Housing
Program, the Project, and the issuance of the Bonds by the City at a regular or special meeting on a date
to be determined by the City Administrator for which proper notice shall be given as provided below.
Notice of such hearing (the "Public Notice") will be published as required by Section 462C.04,
subdivision 2 of the Act and Section 147(f)of the Code. The City Administrator is hereby authorized and
directed to publish the Public Notice, in substantially the form attached hereto as EXHIBIT A, in the
Stillwater Gazette, a newspaper of general circulation in the City, at least 15 days before the meeting of
the City Council at which the public hearing will take place. At the public hearing reasonable opportunity
will be provided for interested individuals to express their views, both orally and in writing, on the
Project,the Housing Program,and the proposed issuance of the Bonds.
Section 4. Housing Progam. Kennedy&Graven, Chartered, acting as bond counsel with
respect to the Project and the Bonds ("Bond Counsel") is authorized to prepare and submit to the City a
draft Housing Program to authorize the issuance by the City of up to$16,000,000 in revenue bonds in one
or more series to finance the acquisition,construction,and equipping of the Project by the Borrower.
Section S. Preliminary Approval. The City Council hereby provides preliminary approval to the
issuance of the Bonds in the approximate maximum aggregate principal amount of$16,000,000 to finance
all or a portion of the costs of the Project pursuant to the Housing Program, subject to: (i)receipt of an
allocation of the bonding authority from the State of Minnesota under the Allocation Act; (ii)the holding
of a public hearing as required by the Act and the Code; (iii)final approval by the City Council following
the preparation of bond documents; and (iv)a final determination by the City Council that the financing
of the Project and the issuance of the Bonds are in the best interests of the City.
Section 6. Submission of an Application for an Allocation of Bonding Authority. The City
Council hereby authorizes the submission of an application for allocation of bonding authority pursuant to
Section 146 of the Code and the Allocation Act in accordance with the requirements of the Allocation
Act. The Mayor of the City, the City Administrator, and Kennedy&Graven, Chartered, acting as bond
counsel with respect to the Project and the Bonds, are hereby authorized and directed to take all actions,
in cooperation with the Borrower, as are necessary to submit an application for an allocation of bonding
authority.
Section 7. Reimbursement of Costs under the Code.
5026930 JSB AK145-7 2
Page 9 of 68
7.01. The United States Department of the Treasury has promulgated regulations governing the
use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or
the Borrower for project expenditures paid prior to the date of issuance of such bonds. Those regulations
(Treasury Regulations, Section 1.150-2) (the "Regulations") require that the City adopt a statement of
official intent to reimburse an original expenditure not later than 60 days after payment of the original
expenditure. The Regulations also generally require that the bonds be issued and the reimbursement
allocation made from the proceeds of the bonds occur within 18 months after the later of: (i)the date the
expenditure is paid; or (ii)the date the project is placed in service or abandoned, but in no event more
than 3 years after the date the expenditure is paid. The Regulations generally permit reimbursement of
capital expenditures and costs of issuance of the Bonds.
7.02. To the extent any portion of the proceeds of the Bonds will be applied to expenditures
with respect to the Project, the City reasonably expects to reimburse the Borrower for the expenditures
made for costs of the Project from the proceeds of the Bonds after the date of payment of all or a portion
of such expenditures. All reimbursed expenditures shall be capital expenditures, costs of issuance of the
Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations
and also qualifying expenditures under the Act.
Based on representations by the Borrower, other than (i) expenditures to be paid or reimbursed
from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations
pursuant to the transitional provision contained in Section 1.150-20)(2)(i)(B) of the Regulations,
(iii)expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2)of the
Regulations, or (iv)expenditures in a "de minimis" amount (as defined in Section 1.150-2(f)(1) of the
Regulations),no expenditures with respect to the Project to be reimbursed with the proceeds of the Bonds
have been made by the Borrower more than 60 days before the date of adoption of this resolution of the
City.
7.03. Based on representations by the Borrower,as of the date hereof,there are no funds of the
Borrower reserved, allocated on a long term-basis, or otherwise set aside (or reasonably expected to be
reserved, allocated on a long-term basis, or otherwise set aside) to provide permanent financing for the
expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the
issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and
financial circumstances of the Borrower as they exist or are reasonably foreseeable on the date hereof.
Section 8. Costs. The Borrower has deposited funds in escrow to pay any and all costs
incurred by the City in connection with the Project and the issuance of the Bonds, including legal fees, as
further required by the City's policy on the issuance of tax-exempt bonds,which has been communicated
to the Borrower and is on file with the City Administrator. In addition, the Borrower must also pay the
administrative fee of the City on the date of issuance of the Bonds.
Section 9. Commitment Conditional. The adoption of this resolution does not constitute a
guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. If, as a
result of information made available to or obtained by the City during its review of the Project, it appears
that the Project or the issuance of Bonds to finance or refinance the costs thereof is not in the public
interest or is inconsistent with the purposes of the Act,the City reserves the right to decline to give final
approval to the issuance of the Bonds. The City also retains the right, in its sole discretion, to withdraw
from participation and accordingly not issue the Bonds should the City Council, at any time prior to the
issuance thereof, determine that it is in the best interests of the City not to issue the Bonds or should the
parties to the transaction be unable to reach agreement as to the terms and conditions of any of the
documents for the transaction.
5026930 JSB AK145-7 3
Page 10 of 68
The motion for adoption of the foregoing resolution was made by Member , duly seconded by
Member ,and upon vote being taken thereon,the following voted in favor thereof:
and the following voted against the same:
Adopted by the City Council of the City of Oak Park Heights,Minnesota,this 25'day of July, 2017.
CITY OF OAK PARK HEIGHTS,MINNESOTA
By its Mayor
Attest:
By its City Administrator
5026930 JSB AK145-7 4
Page 11 of 68
STATE OF MINNESOTA )
COUNTY OF WASHINGTON )SS.
CITY OF OAK PARK HEIGHTS }
I, the undersigned, being the duly qualified and acting City Administrator of the City of Oak Park
Heights,Minnesota(the"City"),do hereby certify that I have carefully compared the attached and foregoing
extract of minutes of a regular meeting of the City Council held on July 25,2017,with the original thereof on
file in my office and the same is a full,true and complete transcript therefrom insofar as the same relates to
calling a public hearing on the City's revenue bonds to finance a multifamily senior housing project.
VVITNESS My hand as Administrator and the corporate seal of the City this day of July,2017.
City Administrator _.__..._.
City of Oak Park Heights,Minnesota
502693A JSB AK145-7
Page 12 of 68
EXHIBIT A
NOTICE OF PUBLIC HEARING
CITY OF OAK PARK HEIGHTS
COUNTY OF WASHINGTON
STATE OF MINNESOTA
NOTICE OF A PUBLIC HEARING TO BE CONDUCTED BY THE CITY OF
OAK PARK HEIGHTS, MINNESOTA TO CONSIDER THE ISSUANCE OF
REVENUE BONDS TO FINANCE THE ACQUISITION,CONSTRUCTION,AND
EQUIPPING OF A MULTIFAMILY SENIOR RENTAL HOUSING
DEVELOPMENT IN THE CITY(OAK GREEN VILLAS PROJECT)
NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Oak Park
Heights,Minnesota(the "City")will hold a public hearing on Tuesday, , 2017,at or after 7:00
p.m. at City Hall, 14168 Oak Park Boulevard North, to consider a proposal that the City approve and
authorize the issuance of its revenue bonds or other obligations, in one or more series, (the "Bonds") at
one time or from time to time pursuant to Minnesota Statutes,Chapter 462C,as amended(the"Act"),and
a housing program in accordance with the Act(the "Housing Program")for the purposes of(i)financing
the acquisition, construction, and equipping of an approximately 72-unit, 3-story apartment building with
an underground parking garage and functionally related facilities to be located at the intersection of Nova
Scotia Avenue and Lower 59th Street North in the City (the "Project"); (ii)funding one or more reserve
funds to secure the timely payment of the Bonds, if necessary; (iii)paying all or a portion of the interest
on the Bonds during the construction of the Project, if necessary; and (iv) paying all or a portion of the
costs of issuing the Bonds. Green Twig Villas II LLLP, a Minnesota limited liability limited partnership,
or an affiliated entity, (the "Borrower") will own the Project. The estimated maximum aggregate
principal amount of the proposed Bonds is$16,000,000.
Following the public hearing, the Council will consider a resolution approving the Housing
Program prepared in accordance with the requirements of the Act and granting approval to the issuance of
the Bonds. A draft copy of the Housing Program is available for public inspection during normal
business hours,Monday through Friday, at City Hall in the City.
The Bonds will be special, limited obligations of the City,and the Bonds and interest thereon will
be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Bond
will ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the
interest thereon, nor to enforce payment against any assets, revenues, or other property of the City.
Before issuing the Bonds,the City will enter into an agreement with the Borrower,whereby the Borrower
will be obligated to make payments at least sufficient at all times to pay the principal of and interest on
the Bonds when due(which will be assigned and pledged to the payment of the Bonds).
At the time and place fixed for the public hearing,the Council will give all persons who appear at
the hearing an opportunity to express their views with respect to the proposal. In addition, interested
persons may direct any questions or file written comments respecting the proposal with the City
Administrator,at or prior to said public hearing.
Dated: [Date of Publication]
5026930 JSB AK145-7
Page 13 of 68
City of Oak Park Heights
-Financial Assistance---
Listing of Fees
1. Application Fee
Any conduit revenue bond, financial note or other financial assistance tool, including TIF
assistance, requested to be provided by the City shall require the payment of an
Application Fee of$3,000. This fee is payable at the time of the formal submission of any
financial assistance request. This fee is not refundable.
2. Escrow Deposit
In addition to Application Fee,the applicant shall also provide the City necessary cash to
be deposited into an escrow fund and in an amount estimated to adequate to secure all
City out-of-pocket expenses including but not limited to; attorney's fees, auditing fees,
planning fees, etc., to complete the project. This amount will be determined by the City
at the time of the submission of any application. Any unused funds shall be returned to
the Applicant.
3. Closing Fee
Prior to the City executing any final resolutions authorizing the sale of bonds, notes or
other financial assistance tools, a Closing Fee payable to the City shall be determined and
incorporated into the project. The Closing Fee shall be a maximum 1.0 percent of gross
proceeds. The City Council may determine a lower amount but may not be less than 0.5
percent. Closing Fees shall be due and payable at closing.
4. Annual Servicing Fee
The Applicant shall also pay to the City an Annual Servicing Fee and is equal to 0.1%of
the average balance of all outstanding funds as calculated on Jan 1 of each year following
the issuance of any financial tool or obligation. The first year Servicing Fee shall be pro-
rated.
-15-
Page 14 of 68
■
City of Oak Park Heights
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
7-11.17
MEMO
TO: Mayor and City Council Members
FROM: Eric Johnson,City Administrator 40
RE: Lookout Trail
At the request of the Council following the June 27th, 2017 Council Worksession, I did reach back out to Adam
Josephson of MNDOT to see if he had the documentation from the 2014 discussions relating to the reconstruction of
Lookout Trail. He did forward the documentation from that time and I have enclosed it here and which includes some
of the following documents:
• Summary letter dated March 6th,2017
• Draft Plans with Cross Sections and Turnback Map(note these are not"bid-able"plans)
• Draft Cooperative Agreement-05469
A short analysis of the data suggests a few concepts worth noting.
1. For the 2014 proposal the City had to perform the work, yet the proposal did not provide the City with a
complete cost recovery for the road reconstruction itself-rather it provided of$460,074.90 with a"promise"
for additional funds if the costs exceeded the estimated amount. (See Section 8.4 of the cooperative
agreement) Again, the City was the party obligated to perform the work and which included significant
management and reporting responsibilities. In short,the project was underfunded.
2. For the 2014 proposal the City would be additionally responsible for any ROW costs necessary and would
need to fully furnish all legal documents to MNDOT (see 4.1) and would include surveying for legal
descriptions and legal fees for conveyances. Moreover, while there was some limited design done for the
project,the City would have had to perform additional constructability surveys,analysis and bid out the project
-all of which were not immediately paid for by the State and likely would have been the burden of the City.
The State's use of 8% engineering is grossly inaccurate, recall they also use a number of in-house staff to
complete this work and does NOT reflect real-world conditions not including design, bidding or close-out.
3. The 2014 project did not include any trail connections between STH 95 and Beach Road/Paris Ave.- Nor
did it provide any trail connectivity to the Scenic Overlook,
4. There was a history related to the reconstruction of a sanitary sewer line in this area and would have been
substantially paid for by the SCRCP. However - as best I can recall, this was altered due to problems
associated with bedrock and the costs of such construction. Moving forward however, any sanitary or water
main work would likely be the City's responsibility.
See Next Page
Page 1 of 55
Page 15 of 68
While it would have agreeable to see this roadway reconstructed, in hind-sight this Agreement would have been
extremely expensive for the City to implement and would have further placed the City in a difficult position with the
State to extract reimbursement of funds—which we know was challenging.At this time, City Staff do not recommend
that this particular proposal be considered further if these are the planned terms; however, I would believe the State
might have some different perspectives on the project at this time as there are now differing parties at the helm.
Staff would propose the following to options for consideration at this time:
The City will"take-over"or maintain the roadway per the following:
1. The roadway and storm water infrastructure is fully reconstructed to a City Standard(or better)AND sidewalk
or trail shall be constructed from Paris Ave. to STH 95. The State may either perform this work directly OR
shall provide an up-front Payment to the City equal to 125%of the City Engineer's estimated costs including
but not limited to:
• Design,
• Permitting,
• Bidding,
• Construction,
• Construction Management,
• Provision of As-Builts and Record Plans.
If performed by the City,all projects would follow City bidding rules and scope with no supplemental reporting
to the State.Any remaining funds would be returned to the State.
The State shall in both scenarios secure and would be 100% responsible for any costs necessary ROW
acquisition—temporary or permanent.
2. Once the Project is completed by the City or the State- the State may select one of the following:
a. The State may opt to keep the roadway and for a twenty-year period the City will perform minor
maintenance for the roadway, trail way and related storm water elements, including snowplowing,
sanding,crack-filling, one seal coating.The State will be required to perform all major maintenance
including but not limited to additional seal-coating, re-surfacing, mill &overlay, reconstruction, trail
replacements,etc.
b. Without any exceptions,the State shall convey all its interest(s),withholding none,in such lands and
project areas to the City, plus a lump sum payment of $ TBD - being
approximately equal to one-half of the first mill&overlay(2017 value). Recall the State recently
paid$22,000,000 to Washington County to takeover STH 5. This applies a similar concept and
incentive worth discussing.
From Adam Josephson Email 715117. MnDOT turned back TH 5 from 120 to 36(Smiles)in Sept 2015(see
county news release). The turn-back came with$22M for current and future improvements, The cost was
based an estimates by MnDOT for pavement projects that would be needed within the next 10 years and
county estimates far additional improvements that the roadway would need in that time period.
Page 2 of 55
Page 16 of 68
3
Minnesota ®eparbrient of Transportation
Metro DtWkA
1500 West County Road&2
RowAb,MN 55113
�u
Mark 6,2014
Brio Johnson
Oak Park Heights City Administrator
#0 Boa 2007 a"
14168 Oak Park Blvd N
Oat Park He oho MN SM8.2
DOY Haasea
31a11aratai CityAdimfiisustor
216 North O Sfinet'
Str7lwater,MN 55082
Re: Lookout Trail Reno Wuc*a and Rrdam Pmject-S.P.8214-114AN
Draft Coopaative Conametkm Apument
Dear Mr.Johnson aad Mr.Hansen,
HOOT pr+oposea to rdleeae Lookout Trod fi onn Beach Road to Hwy 95 to the Citm of Oak Parr Hems
and StRiwater. The roadway is serving primarily a lava!Woad fimcdon and is best maintained and.
operated at the city level. Lookout Trail is cunrmtly in faun to poor condition;thMfcu+e MnDOT pmposea
to p vvide adequate funding to the c by of Oak Park ldghts to Im nstruct Lockout Trail prior to each dly
11WHIM8 over Owmft and ice respomsi'bMa for tha roadwaysegoamt in tach city.
MflDO T leas developdd a PmUmhmy Plan in accordance with State Aid Standards and a pr+elkahmy coat
estimate for the xecombuction project. XnDOT proposes that Oak Park Heights let and administer the
reca icer contract. Following the recomrtn Wm of Lookout Trail the roadway would be"reused"
to the appropriate citY as show graphically in the attsc mot A Dzaft Cooperative Camstiuction
Agreemant is attached for
your review and ocmament:
TIm estimated roadway am d storm sewer dam coat fnr Lockout Trail is about$399,000.
MnDOT pmposes to cover 1009 of the roadway and storm sewer comshvWm costs,plus 8%for
oonsfrlwb m engineering and a$30AW oembim9ency,for a total of about$4461,000: Actual coats wilt be
based an final CmWmctiem costs. Each tarty will be r to for any coals associated with city ui iuities
or other upgrades.
no attached preliminary mad plans show cemstruetion limits that are wMim
Way,so no additiooasl U&of way should be needed for the reconshuefim wo& If aidw City p upom
to do nay additional wads outside the cumt pwpedy limits,the City would be responsible for any
additional 1W of way ids,em ho meotat issues,pemitting and the costs associated with that wodr.
e y 11
r- C
Pag
�a
Page 17 of 68
! I
F.
This r mshuctim pro act is adjacent to fim Scenic Overlook,a Natianal Register listed property owned .
by MnIM MnDOrs Cuhard Resources Unit has reviewed the preliminary reconshvctian plane and
considers the work as shown in the plan to have"no adverw effracY'to the historic FOPOdy. MOOT is
curtly cons k ng with the Mh;3HW fo COUffM this detCMmaticn. We will share the rmAts of that
mon process as we receive fie®. MnDOT would continue to own the.Soenic Overlook after the
stcuction ofLookart Trail.
r:.
MnDOT is gathering undmiymg soils mfWastion to bedev understand the ezw of ih$rock mwer
Lodkm t Trail. This mfcnnwiomt will also be shared with you as we receive the data.
I•
in Stillwater,this Looloaut Trail Recamshuctian and Release project is consistent with the 2006
Memorandum ofUaderamiding(MOLT)and do Stillwater-MnDOT Cooperative AVvement#01433. ,
�j
An NP.DBS Permit is the orlly aMdOnal permit that has been identified as being seeded for tips �~
if F V,n lwtion project. The City of Oak Pink
in kH�e�ights as the project lead would be the applicant for this
ecm
pL AR Other anticipated pamuts,mcluding quality related rer�LII s have been obtained
as part ofthe St.Crak Caning Project.
Please review the attached nnat=le,provide ccs and let me]mow if you need additional
info on
!.;
Sincerely
i
t
Ir
Adam Josephson,P.B.
MnDOT Bast Aro&Manager
Amts:
A. Draft COOPOITfive Agmement#05469 -dated 3/6/14
B. P vffinh m y Recd Wmfiau Plan -dated 2/28114
C. Pcelimhmy Schedule I&Cost Estimate-dated 3/5114
D. RW of way Release graphic-dated 1/28/14
Cv. Jon Ch o%St.gels Project Dn wkw
Todd Cladeowski,St.Croix Project Coordinator r
Ma1<ym a Kclly-%w*MnWr Municipal AWmmft&Moser
Page 4 of 55 s
Page 18 of 68
hfiiAX T Contract No; 05469
STATE OF WWgESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF OAK PARK HEIGIiITS
And
CITY OF STILLWATER
COOPERATIVE CONSTRUCTION
AGREEMENT
For
LOOKOUT TRAIL RECONSTRUCTION
AND RELEASE
ChighW Amount Encumbered
State Project Number(&P.).- 8214-114AN
'°i its
Trunk Highway Number(TIL): 95 A
This Agreement is between the State of N[innesota,acting through its Commissioner of Transportation("State")and
City of Oak Park Heights acting through its City Council("Oak Park Heights-)and the City of Stillwater acting
through its City Council(-Stillwater").
Recitals
1. Oak Park Heights will perform reconstruction and other associated construction upon,along and a4jacent to
Trunk Highway No.95 located on and along Lookout Trail from 148 feet north of Beach Road to 2267 feet
north of Beach Road according to State-prepared plans,and Oak Park Heights prepared specifications and
special provisions designated by the State as State Project No.8214-114AN(TIL 95x-Project");and
2. The State has determined Lookout Trail from Beach Road to T.H.95("Roadway Segment")will be released
to road authorities in accordance with Minnesota Statutes§161.16 and the State has further debeamined that
Oak Park Heights aid Stillwater are the proper road authorities for the roadway segments in their respective
cities;and
3. The State will continue to own and maintain the Scenic Overlook and the conservation easement around the
Scenic Overlook;and
4. Prior to the Roadway Segment being Released,the StW a is requiring Oak Park Heights to reconstruct the
roadway;and
5. The State is willing to participate in the costs of said constriction and associated construction engineering;
and
6. Minnesota Statutes§ 161.20,subdivision 2 authorizes the Commissioner of Transportation to make
arrangeme s with and cooperate with any governmental authority for the purposes of c onshucting,
maintaining and improving the trunk highway system.
Agreement
1. Term of Agreement;Survival of Terms;Plans;Incorporation of Exhibitor
1.1. Effedhw date,Survival ofTem This Agreement will be effective on the date last signed below by the
Parties and by such other State of Minnesota officials as required by Minnesota Statutes§16C.05. This
Agreement will remain in effect until the State has(1)served Notice of Releases,and(2)made payments as
required by this Agreement. All clauses which impose obligations continuing in their nature and which
must survive in order to give effeet to their meaning will survive the expiration of the Agreement.
1.2. E.Vb tion date.This Agreement will expire when all obligations have been satisfactorily fulfilled.
-1-
Page 5 of 55
Page 19 of 68
hhdDOT Contract No: 115469
1.3. MM,4004164dom Spacial Prffisioxa State-approved plans,and Oak Park Heights specifications and
special provisions designated by the State as State Project No.8214-114AN(T.HL 95)are on file in the
office of Oak Park Heights and incorporated into this Agreement by reference.("Project Plans")
1.4. Ex10ft.Preliminary Schedule'?and Exhibit"Lookout Trail Release"are attached and incorporated into
this Agreement.
2. RfghW-Way Use
2.1. LbmVed Right to OccW The State grants to Oak Park Heights(and its contractors and consultants)the
right to occupy trunk highway right-of-way as necessary to pwfarm the work de mlW in the Project Plans.
This right is limited to the purpose of constructing the project;and administering such construction,and may
be revoked by the State at any time,with or without cause. Cause for revoking this right of occupancy
includes,but is not limited to,breaching the terms of this or any other agreement(relevant to this project)
with the State,failing to provide adequate traffic control or other safety measures,failing to perform the
construction properly aad.ig a SMOIN MAD
•uvauaava+wa Jar►
Of appli State will have no liability to Oak Park Heights(or its contractors or consultants)
for revoking this right of occupancy,
2.2. State Access;Srrspewsion of Work;R&Y8ftWMeWWm The State's District Engineer or assigned
representative retains the right to enter and inspect the trunk highway right-of-way(including the
construction being performed on such right-of-way)at any time and without notice to Oak Park Heights or
its contractor. If the State determines(in its sole discretion)that the construction is not being performed in a
Proper or timely manner,or that environmental laws(or the terms of permits)are not being complied with,
or that traffic control or other necessary safety measures are not being properly implemented,them the State
may direct Oak Park Heights(and its contractor)to take such remedial measures as the State deems
necessary The State may require Oak Park Heights(and its contractors and consultants)to suspend their
operations until suitable remedial action plans are approved and implemented, the State will have no
liability to the Oak Pardo Heights(or its contractors or consultants)for exercising its rights under this
provision.
23. T l►Vc Com Worker Sg fdy.While Oak Park Heights(and its contractors and consultants)ane
occupying the State right-of way,they must comply with the approved traffic control plan,and with
applicable provisions ofthe Work Zone Field Handbook
aojj www.do#.stafe.mn.mlrafficenff&and ran dLmdex.html). All Oak Park Heights,contractor,and
consultant personnel occupying the State's right-of-way must be provided with required reflective clothing
and hats.
2.4. State Owner I*of ImproymneWL ExehuWg the Roadway Segment to be released to Oak Park Heights
and Stillwater,the State will retain ownership of its trunk highway right-of-way,including any
improvements made to such right-of-way under this Agreement,unless otherwise noted. The warranties and
guarantees made by Oak Park Heights's contractor with respect to such improvements(if any)will flow to
the State. Oak Park Heights will assist the State,as necessary,to enforce such warranties and guarantees,
and to obtain recovery from Oak Park Heights's consultants,and contractor,(including its sureties)for
non-performance of contract work for design errors and omissions,and for defects in materials and
workmanship. Upon request of the State,Oak Park Heights will undertake such actions as are reasonably
necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect
to claims against Oak Park Heightes consultants and contractors.
3. Contract Award and Conetmetion
3.1. Bids and AwarwL Oak Park Heights will and contract to the lowest
responsible bidder(or best valva ooncurrernce by the State in that award,according to
the Project Plans. The contract constructionIffitWFUhrined accordifilUthe approved Project Plans.
3.2. BidDocsfWuhhedby OakPW*He*k&Oak Park Heights will,within 7 days of opening bids for
the contraction contract,submit to the State's Metro District Engineer representative a copy of the low bid
-2-
Page 6 of 55
Page 20 of 68
Mn/DOT Contract No: 05469
and an abstract of all bids together with Oak rg .pegi for concurrence by the State in the
award of the construction c ontn c k Heights will not award construction contract wail the State
advism Oak Park Heights in writing o
33. Rejecdon ofBIA Oak Park Heights may reject and the State may require Oak Park Heights to reject any or
all bids for the construction.contract. The party rejecting or requiring the rejection of bids must provide the
other party written notice of that rejection or requirement for rejection no laxer than 30 days miter opening
bids. Upon the rejection of all bids,a party may request,in writing,that the bidding process be repeated.
Upon the other party's written approval of such request,Oak Park Heights�11 repeat the bidding process in
a reasonable period of time,W120.221=291113W to the State.
3.4. Dbudon,Ssfwvkiox arsdImpecdon ofConstreciAm
A. The contract construction will be under the direction of Oak Park Heights and under the supervision of a
registered professional engineer,however,the State participation construction covered under this
Agreement will be open to inspection by the State District Engines authorized representatives. Oak
Park Heights will give the Metro District Engineer representative five days'notice of its intention to start
the contract construction. -.rruv�prat- oww A.
B. Responsibility for the control of materials for ton
he contract construction W4 on Oak Park Heights and
its contractor and will be carried out according to Specifications No.1601 through and including
No. 1609 in the State's current"Standard Specifications for Construction".
3.5. Cornpldlaa q
.f Consvnd im Oak Park Heights will cause the contract construction to be started and
completed according to the time schedule in the construction contract special provisions. The completion
date for the contract construction may be extended,by an exchange of letters between the appropriate City
official and the State Distr i�authorized representative,for unavoidable delays encountered in
the perfb=ance o the contract construction.
3.6. Plan Cll images.The State will not participate in the cost of any contract construction that is in addition to the
State participation construction covered under this Agreement unless the following conditions have been
met:
A. The necessary State funds have been encumbered.
B. All changes in the Project Plans and all addenda,change orders and supplemental agreements entered
into by Oak Park Heights and its cmi actor for State participation construction are approved in writing
by the State District Engineer's authorized repwaitative prior to the work occurring.
ring.
3.7. Coatrpllmw mth Laws,Or+dhwaces,Regtdatioim Oak Park Heights will comply and cause its contractor to
comply with all Federal,State and Local laws,and all applicable ordinances and regulations. With respect
only to that portion of work performed on the State's trunk highway right-of-way,Oak Park Heights will not
require the contractor to follow local ordinances or to obtain local permits.
4. Right-of-Way;Easements;Permits /0"
4.1 Oak Park Heights will,without cost or expense to the State,obtain all rights-of-way,easements,
construction permits and any other permits and sanctions that may be required in connection with the local
and trunk highway portions of the contract construction. Behre payment by the State,Oak Park Heights
will firrush the State with certified copies of the documents for rights-4-way and easements,construction
permits and other permits and sanctions required for State participation construction covered under this
Agreement.
4.2. Oak Park Heights will comply with Mirmcsota Statutes§216D.04,subdivision l(a),for identification,
notification,design meetings and depiction of utilities afiiocted by the contract construction.
-3-
Page 7 of 55
Page 21 of 68
I I
t
1Vlri/DOT Contract No: 05469
S. Notice ofRelease;C Documents
5.1. Malice o R e. Upon completion of the reconstruction of the Roadway Segment,the State will deliver a
ease"to Oak Park Heights and Stillwater,releasing the Roadway Segment from the State's
jurisdicti pon receipt of such notice,Oak Park Heights and Stillwater will each become the Road
Auto, with jurisdiction over the Roadway Segment within their jurisdiction and will assume all
possibility for the operation,maintenance,and reconstruction of the Roadway Segment in their
jurisdiction and of all structures and facilities that are a part of the Roadway Segment.
5.2. Conveyance Documm. Subsequent to issuing the Notice of Release,the State will preparae and execute
necessary and appropriate documents conveying the State's interest in the each of the Roadway Segments to
Oak Park Heights and Stillwater.
6. Maintenance of Lookout Trail by the Oak Park Heights and Sdbmter
6.1. Prior to Release. Prior to the Political Subdivision's receipt of the Notice of Release,maintenance of the
Roadway Segment will continue to be provided by the State.
6.2. Upon Release. Following reconstruction of Lookout Trail and upon receipt of the Notice of Release,Oak
Paris Heigh and Stillwater will become the roadway authorities responsible for maintenance of the
Roadway Segment within their respective jurisdictions as shown in Exhibit"Lookout Trail Release". Each
City will thereafter be responsible for performing and paying for all maintenance and reconstruction of the
Roadway Segment,including all structures and facilities that constitute a part of such roadway.
6.3. Oak Park Heights and Stillwater may enter into their own separate maintenance agreement to address minor
maintenance of the short segment of Lookout Trail in Stillwater.
7. Basis of State Cost
7.1. SCUEDU" 1117.The Preliminary SCHEDULE"I"includes all anticipated State participation const uWon
items and the construction engineering cost share covered under this Agreement.
7.2. Stab PwdcOWon Conon.The State will participate m the following at the percentages indicated.
The construction includes the State's proportionate share of it m costs for mobilization,and traffic control.
100 Percent will be the S'tate's rate of cost participation in the entire roadway and storm sewer
construction.
7.3. Cmutructou Engh ae t Cosix The State will pay a construction engineering charge equal to 8 percent of
the total State participation construction covered under this Agent.
7.4. Addenda,Change Orders and Agn .The State will share in the costs of construction
contract addenda,change orders and supplemental agreements that are necessary to complete the State
participation construction covered under this Agreement and are approved in writing by the State "0
Engineer's authorized repr eseatstive. 01 1
7.5. Liquidated Dante.All liquidated damages assessed Oak Park Heights'comracbor in connect i with the• '�
;.7,5A
construction contract will result m a credit shared by each party m the same proportion as their
construction cost share covered under this is to the total contract construction cost any
deduction for liquidated damages. t
S. State Cost and Payment by the State t.�0�,��•� ate`
U. State CoxL$460,074.90 is the State's estimated share of tr
ofthe contract construction 1us 8
1A,41
t
t construction en cost share and a$30,00
P engineering rgency amount as shown in a
Preliminary SCHEDULE 717. The Preliminary 7will
as prepared using estimated quantities
and unit prices,and may include any credits or 1pon review of the construction contract
bid documents described in Article 3.2,the cide bather to concaw in Oak Park Heights'award
of the construction contract and,if so,prepare a ULE"I"based on construction contract
unit prices,which will replace and supersede the Preliminary SCHEDULE"I"as part of this agreement.
-4-
Page 8 of 55
Page 22 of 68
Mn/DOT Contract No: 05469
The contingency amount is provided to cover overruns of the plans estimated quantities of State
participation construction and State approved additional construction including construction engineering
costs.
8.2. Condkibin of PaynrrmL The State will pay Oak Park Heights the State's total estimated construction cost
share,which does not include the S percent construction engineering cost share or the contingency amount;
as shown in the Revised SCHEDULE"I",after the following conditions have been met:
A. Encumbrance by the State of the Stews total estimated construction cost share,the 8 percent
construction engineering cost share,and the contingency amount,as shown in the Revised
SCHEDULE"I".
B. Execution of this Agreement and transmittal to both Cities,including a letter advising of the State's
cancwremce in the award of the construction coni
C. The State's receipt of a written request from Oak Park Heights for the advancement of funds. The
request will include certification by Oak Park Heights that all necessary parties have executed the
construction contract.
8.3. Lbn(tadons of State Pgpme*,No Sue ftww�w to Comftdor
The State's participation in the contract construction is limited to the State participation construction shown
in Article 7,and the State's participation will not charge except by a mutually agreed written amendment to
this Agreement. Tho State's payment obligation extands only to Oak Park Heights. Oak Park Heights's
contractor is not intended to be and will not be deemed to be a third party beneficiary of this Agr+aement.
Oak Park Heights's contractor will have no right to receive payment fivni the State. The Statin will have no
responsfl) ty for claims asserted against Oak Park Heights by Oak Park Heights's contractor.
M. Cour Vu dox Char EwwArrg EatcmnberadAmea nt
Whenever it appears the cost of the State participation construction covered under this Agreement is about
to exceed the current amount of encumbered State fiords,Oak Park Heights will notify the State District
Engineer's authorized representative in writing prior to performance of the additional State participation
construction. Notification will include an estimate in the amount of additional fiords necessary to complete
the State participation construction including construction engineering costs and the reason(s)why the
current amount encumbered will be exceeded. The State will,upon its approval ofthe additional State
participation construction,encumber the necessary additional funds. That action will have the effect of
amending this Agreement so as to include the State`s share of the costs of the additional construction.
Should Oak Park Heights cause the palkw ranee of additional contract construction which would otherwise
qualify for State participation constn action covered under this Agreement,but for which the State has not
previously encumbered funds.that additional contract construction is done at Oak Park Heights%own risk.
Oak Park Heights will notify the State District Engineer's authorized reprasentative in writing of the
additional State participation construction. Notification will include an estimate in the amount of additional
funds necessary to cover the additional State participation construction including construction engineering
costs and the reason(s)why the current amount encumbered was exceeded. If the State District Engineers
authorized representative approves the additional State participation camshuction,Oak Park Heights's claim
for co 'on along with a request for encumbrance of the necessary additional fiords will be submitted
get Section for review of compliance with Minnesota Std§16A.15,subdivision 3,but
pi g Gtr "111ty, is that the claim will be approved by the State's Budget Section. If the claim for
rompers the request far encumbrance of the necessary additional fiords are approved by the State's
that action will have the effect of amending this Agreement so as to include the State's
share of the costs of the additional construction.
.5..
Page 9 of 55
Page 23 of 68
WDOT Contract No: 03469
8.5. Reconh KeW ig and InYv&*sg by Oak Par*HdZhts
The State will provide Oak Park Heights with a Payment Processing Package containing a Modified
SCHEDULE"I"form,instructions,and samples of documents for processing final payment of the State
participation construction covered under this Agreement.
Oak Park Heights will keep records and accounts that enable it to provide the State with the following prior
to final Payment:
A. A copy of the Modified SCHEDULE"I"which inalades final quantities of State participation
construction.
B. Copies of Oak Park Heights'contractor's invoice(s)covering all contract construction.
C. Copies of the endorsed and canceled Oak Park Heights warrants)or check(s)paying for final contract
construction,or computer documentation of the warrmt(s)issued,certified by an appropriate City
official that final construction contract payment has been made.
D. Copies of all construction contract change orders and supplemental agreements.
E. A certification form,attached to a copy of the Final Schedule"I",both provided by the State. The
certification form will be signed by Oak Park Heights's Engineer in charge of the contract construction
attesting to the following:
L Satisfactory performance and completion of all contract construction according to the Project Plans.
ii. Acceptance and approval of all materials furnished for the contract construction relative to
compliance of those materials to the State's current"Standard Specifications for Construction".
iii. Full payment by Oak Park Heights to its contractor for all contract construction.
F. A formal invoice(original and signed)in the amount due Oak Park Heights as shown in the Final
SCUMULE"I".
8.6. Flail Payment by the State
Upon completion of all contract construction,the State will prepare a Final SCHEDULE"I"according to
the procedures detailed in the Payment Processing Package and submit a copy to Oak Paris Heights. The
Final SCHEDULE"I"will be based on final quantities,and include all State participation construction items
and the construction engineering coat share covered under this Agreement. Nthe final cost of the State
participation construction exceeds the amount of h ads advanced by the State,the State will pay the
difference to Oak Park Heights without interest. If the final cost of the State participation construction is
less than the amount of funds advanced by the Static,Oak Park Heights will refund the diffm+ence to the
State without interest.
The State and Oak Park Heights waive churns for any payments or refimds less than$5.00 according to
Minnesota Statutes§ 15.415.
9. Anthorized Repramtstives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive anv notice or demand required or permitted by this Agreement.
9.1. The State's Authorized Representative will be:
NameJTitle: Maryanne Kelly-Sonnek,Municipal Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard,Mails"682,St Paul,MN 55155
Telephone: (651)366--1634
E-Mail: maryanneJollysonnek@state mn us
-6-
Page 10 of 55
Page 24 of 68
MnIDOT Contract No: 05469
9.L Oak Park Heights's Authorized Representative will be.
Nam&Tide:Eric A.Johnson,City Administrator(or successor)
Address: 14168 Oak Park Blvd.N.,P.O.Box 2007
Oak Park Heights,MN 55082
Telephone: (651)439A439
E-Mail: eajohnson&ityofoakpaddwigh%.com
93. Stillwater's Authorized Reprove will be:
NameJTitle: Larry D.Hansen,City Administrator(or successor)
Address: 216 North Forth Street
Stillwater,MN 55082
Telephone: (651)430-8801
E-Mail: ihansen&i.stilwatea mn us
10. Assignment;Amendments;Waiver;Contract Complete
101.AmdgwneA&Neither party may assign or transfer any rights or obligations under this.Agreement without the
prior consent of the other parties and a written assignment agreement,executed and approved by the same
parties who executed and approved this Agreement,or their successors in office.
10.2.An=&xw=Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement;or
their successors in office.
10.3. Waiver.If a party fails to enforce any provision of this Agreement,that failure does not waive the provision
or the party's right to subsequently enforce it.
10.4. Cox&ad Comply This Agreement contains all prior negotiations and agreements between the State,Oak
Park Heights and Stillwater.No other understanding regarding this Agreement,whether written or oral,may
be used to bind patties.
11. Liability;Worker Compensation Claims;Insurance
ILL Each party is responsible for its own acts,omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of Oak Park Heights or Stillwater. Notwithstanding the foregoing,Oak Park
Heights will indemnify,hold harmless,and defend(to the extent permitted by the Minnesota Attorney
General)the State against any claims,causes of actions,damages,costs(including reasonable attorneys
fees),and expenses arising in connection with the project covered by this Agreement,regardless of whether
such claims are asserted by Oak Park Heights's contractors)or consultant(s)or by a third party because of
an act or omission by Oak Park Heights or its contractors)or consultants).
11.2.Each party is responsible for its own enployeas for any claims arising under the Workers Compensation
Act.
11.3.Oak Park Heights may require its contractor to carry insurance to cover claims for damages asserted against
Oak Park Heights's contractor.
12. Nondiscrimination
Provisions of Nrumesota Statutes§ 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
-7-
Page 11 of 55
Page 25 of 68
Mn=T Contract No: 05469
13. Sime Audits
Under Minnesota Statutes§ 16C.05,subdivision 5,Oak Park Heighls's books,records,documents,and
accounting procedures and practices relevant to this Agreement are subject to examination by the State and the
State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement.
14. Government Data Practices
Oak Park Heights and State must comply with the Minnesota.Government Data Practices Act,Minnesota Statutes
Chapter 13,as it applies to all data provided under this Agreement,and as it applies to all data created,collected,
received,stored,used,maintained,or disseminated by Oak Park Heights under this Agreement.The civil
remedies of Minnesota Statutes§13.08 apply to the release of the data referred to in this clause by either Oak Park
Heights or the State.
13. Governing Law;Jurisdiction;Venue
Minnesota law governs the validity,interpretation and enforcement of this Agmemea. Venue for all legal
proceedings arising out of this Agreement,or its breach,must be in the appropriate 91 or federal court with
competent jurisdiction in Ramsey County,Minnesota.
sp
16. Termination;Suension G 11�,/'��
16.1.By MadaadAgremmat.This Agreement may be agreement of the parties or by the
State for' I I funding as doscn I 1 11 1,11111
16.2. for I aqw Mt Ful:The State may' ediately terminate this Agteem W it does not
obtain funding from the Minnesota Legislature,or otter funding source;or if funding cannot be ntinued at
a level sufficient to allow for the payment of the=vices covered here.Termination must be by or
fax notice to Oak Park Heights.The State is not obligated to pay for any services that are provided
notice and effective date of termination.However,Oak Park Heights will be entitled to payment, ' ed
on a pro rata basis,for services satisfactorily performed to the extant that fiords are available. tate will
not be assessed any penalty if this Agreement is terminated because of the decision of the
r other funding source,not to appropriate funds.
16.3.SKINMiox. the State may suspend this Agreement
and all work activities,performance and payments authorized through this Agreement. Any work
performed during a period of suspension will be considered unauthorized work and wihl be undertaken.at the
risk of non-payment
17. Force hinjeure
Neither patty will be responsible to the other for a failure to perform under this Agreement(or a delay in
performance},if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control,including but not limited to,unusually severe weather,fits,floods,other acts of God,
labor disputes,acts of war or terrorism,or public health emergencies.
Me remainder ofthis page has been intentionally left blank]
Page 12 of 55
Page 26 of 68
Ma/DOT Contract No: 0546
STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION
Individual certifies that funds have been encumbered
as required by Minnesota Statutes§ 16A.15 and
16C.05. Recommended for Approval:
Signed: By:
(District Engineer)
Date: Date:
SWIFT Purchase Order: Approved:
CITY OF OAK PARK HEIGHTS By:
(State Design Engineer)
The undersigned certify*d they have lawfully Date:
executed this c uttact on behalf of the Governmental
Unit as required by applicable charter pmmwns,
resolutions or ordinancos.
By: CONMSSIONER OF ADMINISTRATION
Title:
BY!-
Data:
y.Date: (With delegated authority)
Date:
Tide:
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
9-
Page 13 of 55
Page 27 of 68
Mn/DOT Contract No: 055
QTY OF STILLWATER
The undersigned certify that they have lawfully
executed this contract on behalf ofthe Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGRF 24ENT AND AUTHORIZING 1TS
EXECUTION.
40-
Page 14 of 55
Page 28 of 68
(I)10116 STATE
M-PLANGUANM 03499
1310N Bd.0a14f14AN 1EOT 1 QUANMT >OlHT0IR1t3L OOSL
Kok
a101301 M0811.17A.➢210117 IAl14PIlAO O.Sl1 30AODA0 67.21040
2101301 CLRAfaNG ACRE� _ ON 2.3M 0 100.40
2101M CLBARRO TB1A 440 I" 64AO
2101.306 mmam ACRE OA4 34DOA0 120.00
2101.307 1 ORtMBM _ TIES 4-0 1_60A0 720.00
2101501 XDSDVEPE43CULVERTS IIlOFPT 7100 1600 �710MM
2101301 MZMOV33VnE RANTCLnM_ LNFr 3363-0 6-0 l4.IMA0
2101.101 RISODVBffi111BMMCEM UXFf _ L173JOC 3,00 9 AO
21MMI RENKNECABLE GUARIMAB. LB4PT 1119.00 200 2A%A
21045)1 REOMMVMODEIDaM LBO1R� 34A0 am SERO
2104905 REMMI[FAVEMENT09WWA SQ YD 447.106 SAO _ 24566-0
2104905 REWMCOMCR878ORWWAYPAVE)AEU 8QTD 13A0 13A0 19540
310MOS RED1IRB11UM34t]U URNEWAYPA MEN17 mvp 44200 -$A0 --1040
21043W REKMBTrUWN=PAVEMM SQTD _261.00 3-0 713.00 �0,j l�,/►0� �n`
2104507 Rtm00VEmm" CUYD 3A0 100.00 30040 s/e
2164309 PISIOVE MA1aBOLS EACH 140 228A 370A
1164311 1LAWDQCMXWMPAVEMEW4q&LDE1n4q LNPT 6200 SAO _ 310A0
2104313 B4WMM1UWXWSPAVM1'P UNLRT 221-0 SAO 1,10540
2104673 SALVAMOWTVPEC EACH IAB LEN 39-0
2106607 EX AVATMN-COADA M CUYD &Ium SAO 101939-0
2106607 COMMON ! COPD =lA HAD _ 25,21040
2211JM AO68BOATEBASS CLASS QM CUYD 3,136.00'.. 3200 241 M
23"1 RITUOt1N0UBMATERLALPOILTACKMAT GAL MIN) 3A0 1 AO
2360AI SP 123 WHAAW4C3001OtSBMDC F�(S@EIBB340C) _ INK 1 .DO "AO 71
2360501 SP113WEARMC0U89BBOX(16q 8P911EB940 GWZVBWAY) TON 114-0 70-0 -.7s0.00
_2301311 13"CSPDECIILVERT - LEOFT AAO 4LOO _�3L104-0
2501513 13"CSPEBAPRO4 EACH 4.60 50040 •,&,own
2501513 10'BCEMEAPROM BALL 1.00 4S0A0 43046
LE
12"ROPIPE®I90LDE8346CLV UKFr .-39A0 ....-SLONO -1 Dm
1PRCP�6SMMDZ93DNCLV - LLL4Fr WAD 4200 _.2$S1Q06
OM00 T10H1O81114GSONM4899E{t EACH- 2A0 750A0 -Jfs"
caNvTaUCrDRAKAmsnmCE910 E=4i-1020 LDiFT 2834 20M 7 73
CASIE4GAOMMY EACH [A0 60046 600.00
AD111679RAO18ARMCARM EACH 4.00 3DIA0 __j,=
IN%STME
rrl„ 145)IU4-114AN vw QUANLITP BRRA ym= OHM
AMM-
7MORK375mO
2506501 CAST11It3ANEINLYMWALI RAIA3 34D BDAAO 7Pw
2512-M RAM=Rfi%"CLASSE --C17YD HAD 61-0 715A0
MIMS GBOrMUZOLTEItTYPEIE YD r _ 58.00 3AO 174.00
3531501 CGNCRETB CURB&GUTTERBS24J LMFT _4�M: 14-0 _ 6806•
143190? 0"CONCREl8DR1VEWAYPAVE6d1B1'P YD 14.00 5_3.0_0 770AD
2540AM MA¢I.R07 SU"MT EACH 94
- 0 610._00 _990.M
OWN 7RAPFICC. LW_6l wm L"
2564MI EMPAMSTYMC e¢Fl...._. _ MA 30A0 LSODAA
2573.302 Oa _ _ lJNFI'_ RY112y00 SAO ...001.U0
2573330 9TGR1eLMWDCWPROIWn M EACH _ 9A0 _300.4 7,700A0
25MUS 1TCON721OL DOSYBESERAW LJg17' -fiki9 -340 MAD
.,2173633 STABII3'IBOOLR48TRUC13ON_ EXCl' LUMPSUM ISO li _„_ _ 16,000.00
25WSC E1N18iWCONIROLOUPERV09DA UWSUM 1.003000040 _3041000
737150 C611VBfi1 MWlJ CO =LS ®elan_ 4AD In= �710A0
2574501 SMDWG --- ACRE 0.70 120M 6140
2574300 PARTX=TYPEI POUND �236-0 715 531.00
2574962 MMIOXTLME25.141 P NMI) 4740 � 3011 141A0
1173511 IMEMMATERIALTWE I TCN 130 ]6X00 --21430
2M5119 DMANCHORM ACRE 0.70 65.06 .-...4S..W
2375970 RAFIDSTABILZATMNMTHOD4 _ SQYD_ 3,mm 135 +,06373
2502302 4"DBLESCIMLDMYMLOW-EPDXY LINFT_. 2a._120AS SAS
16NL9ThTR9338AL 7!
0%oo0R4�tfoa .� 0,,,_,_6�A0 I
TOTALS 460.07490
D�ivaorid"odNaTuLBeptlatbppJecta07id. _2.
Page 15 of 55
Page 29 of 68
1, e1 `
Wit ' `1
���n' '��!����
it
ia
jw4A t
��
97
- A7132
ti
114
l„. "
,,s
rilriPIWr:
t '�► wig :
1 _
401 1 1
a ES
all gag
1A 8 grg ae 62
WbC'l � ;5Yk r k ed
§ -W yes
d �F 4 €1S 5 R�
z 4A
11,
1!
91
a`a
1. On IR
d pp 0,0g5
os�g� E BES kdS��n i�� � 7H
NII
37gd »b-1 141; 1-16
g Eb
��8g•�5a"!•k�teel�CssQ NMI � r
D 6
w
~ _j ~ •E
>r a V O c n
i in 7
2 z� ~�
C Wy a WU
mU3
11Od� 1�.•tt f f
iii Wj 4iely''
1�-1 � -i S�i• R '�
add
1.�1 •W
Ic
CL
a
1••1
Z C3 ,!
~ F
� a
0 0
is 1
���iHNT$I ��
#�� #� ##
� ! E� 3"� l 1.11M milr I I'll dill! t j k".
b KMiM1 �roLi1LL ewwse N
! Page 17 of 55 �rKa"ar.Neonwwaw..ru eNe.�ue.Pw`atw1'n°N"'nl 'v�0t
Page 31 of 68
ai vt w Z -'�
w ` F A IL Q J ,
1 �
: �;• h ,1� d � qZ
IZI.I `il m y i Cw at
K id
VI
' g �i ' J
W N 11`, F� t ..x�.� W F V. J
__�Jj„L_J�—.1s �`�t � ,''t �i4 a1 � 1 \�J�►1 �t J
I Pit ll
W P1 4 \
� I-•—Z �----_ly�----1 S17 1t11�jtiN1
�� �4d-•_....� 14 1i j 1
it
i1^ �1 t� �� ;J'^� r•� ' � 4} 'ill.. I;;b�� i 1
jiv
a
!/ ��! I I '
� / i1
K
�` • it j �. �� �� '� �F
4I '�.
VW GPM Munn utlpte•a..FYTHYIW,FN'1'4MooT1�..-M01-GVi7NIWWWnMW7
Page 18 of 55
Page 32 of 68
3601 Thurston Avenue K Suite 100
Anoka, MN 66303
Phone:763.231.5840
Facsimile: 763.427.0520
TPCTPC@P1anninqCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: June 21, 2017
RE: Oak Park Heights — Accessory Building Amendments — City
Council
TPC FILE: 236.01 17.02
BACKGROUND
The City Council, its May 9, 2017 meeting, authorized Staff to review Section 401.15.13.
Accessory Buildings and Section 401.15.C.8 Building Type and Construction of the
Zoning Ordinance as it relates to accessory buikfing regulations. There are two
concerns, whether the allowances for height and size are appropriate and secondly if
temporary structures such as fabric carports and shelters should be allowed in the City.
City Staff has determined that the City Council should review the scope of this project
and provide direction to the Planning Commission as it reviews and recommends
changes to the accessory building regulations.
In that this is a new project, a work program had been developed. This effort will involve
a thorough review of the current regulations, review other City's regulations, and
drafting amendments to the Zoning Ordinance.
The proposed schedule for this work is as follows:
May 9, 2017: City Council acceptance of proposal and budget.
July 25, 2017: City Council discussion of project scope and direction to
Planning Commission.
August 10, 2017: Planning Commission discussion of accessory building
regulations.
September 14, 2017: Planning Commission public hearing and review of draft
language changes and recommendation.
September 26, 2017: City Council review of Planning Commission
recommendation and approval of the amendment
Ordinance.
EXHIBITS
Please find as follows Exhibits for your consideration on this matter:
41 of 86
Page 33 of 68
Exhibit 1: Section 401.15.D. Existing Oak Park Heights Accessory Building
Regulations.
Exhibit 2: Section 401.15.C.8. Building Type and Construction
Exhibit 3: City of Afton Accessory Building Regulations.
Exhibit 4: City of Bayport Accessory Building Regulations.
Exhibit 5: City of Mahtomedi Accessory Building Regulations.
Exhibit 6: City of Stillwater Accessory Building Regulations.
Exhibit 7: City of White Bear Lake Accessory Building Regulations.
Exhibit 8: City of Woodbury Accessory Building Regulations.
ANALYSIS
Current Regulations:
Oak Park Heights allows the following related to accessory buildings:
1. Connection with FWndlpal Building. An accessory building shall be considered an
integral part of the principal building if it is connected to the principal building by a
covered passageway.
2. Location. No accessory buildings shall be erected or located within any required yard
other than the rear yard except by approval of a conditional use permit according to the
provisions of Section 401.03 and Section 401.15 D.13 of this Ordinanoe.
3 HelghtOSetbacks Accessory buildings shall not exceed twelve (12) feet in height and
shall be five (5) feet or more from side lot lines, eight(8) feet from the rear lot line, and
shall be six (6) feet or more from any other building or stnicture on the some lot.
Accessory buildings shall not be located within a utility and/or drainage easement unless
written approval is obtained from the easement holder. Accessory building height may
be increased an additional five(5)feet with approval of the Building Official to match roof
pitch or style of a principle structure. The setback and height requirements under this
provision may be varied by approval of a conditional use permit as provided for in
Section 401.03 and Section 401.15.D.13 of this Ordinance. Accessory buildings may be
closer than six(6) feet to other buildings or structures providing the requirements of the
Building Code are met:
4. Lot Coverage. No accessory building or detached garage or combination thereof
within a residential distinct shall occupy more than twenty-five (25)percent of the area of
the rear yard except by approval of a conditional use permit according to the provisions
of Section 401.03 and Section 401.15.D.13 of this ordinance.
5. Number of Stuctwss. No building permit shaff.be issued for the construction of more
than one(1)private garage or storage structure for each detached single family d fwelling,
commercial, industrial, public or institutional building except by approval of a conditionsf
use permit according to the provisions of Senior 401.03 and 401.15.D.13 of this
Ordinance. Every detached single family dwelling unit erected after the etiFeative date of
this Ordinance shall be so located on the lot so that at least a two (2)car garage, either
attached or detached, can be located on said W.
2
42 of 86
Page 34 of 68
6 No accessory buftng for single family dwellings or combination of attached and
detached accessory buildings shall exceed one thousand (1,000) square feet of floor
area, except by conditional use permit as provA*d for in Section 401.03 and Section
401.15.D.13 of this Ordinance.
7. AApprovals Storage buildings one hundred twenty(120)square feet or
less and in conformance with the provisions of this Ordinance may be approved by the
Building Official without a building permit, and may be in excess of the number of
siruc tures allowable in Section 401.15.D.5. above.
8 Bulld ag Pemmlt No budding permit shall be issued for the construction of an accessory
building in a residential district when an existing detached garage or other accessory
building is located on the same lot, except by conditional use permit as provided for in
Section 401.03 and Section 401.MD.13 of this Ordinance.
9. Size Limit Except in the case of single famfly detached dwellings, accessory buildings
shaft not exceed thirty (30) percent of the grass floor area of the principal building& In
those cases where the standards are exceeded, a conditional use permit as provided for
in Section 401.03 and Section 401.15.D.13 of this Ordinance.
10. Accessory Uses. No accessory uses or equipment such as air condNoning cooling
structures or condensers, swimming pools, and the like which generate noise may be
located in a side yard except far side yards abutting streets where equipment is fully
screened from view,
11. Compatibilltjr. The same or sWar qualriiy exterior material shall be used in the
accessory building and in the principal building. All accessory buildings shaft also be
compatible with the principal building on the lot. "Compatible"means that the exterior
appearance of the accessory building including roof pitch and style is not at variance
with the principal building from an aesthetic and architectural standpoint as to cause.
a. A dilfemnoe to a degree to cause incongruity.
b. A depreciation of neighborhood values or adjacent property values.
C. A nuisance. Types of nuisance chanadensbcs include unsightly buflding exterior.
Discussion Points
The focus of this review will be on Section 3, Height/Setbacks, as it relates to the height
of accessory buildings, Section 6 and 9, as it relates to size, and Section 11 as it relates
to compatibility of exterior material. Currently, through this section, the City does not
allow fabric carports and shelters.
Discussion points on this topic are as follows;
1. Height: Should the regulations be clarified and simplified so that the
maximum building height of accessory building structures be 17 feet, or
possibly 20 feet. Note that the building height would be to the parapet of a
flat roof building but to the midpoint of the roof of a gable or hip roof building.
3
43 of 86
Page 35 of 68
2. Size: There are two Sections, 6 and 9 that regulate size of structures. As to
size in Section 6, the City Council should consider whether accessory building
size be regulated by lot size. For instance, the limit could remain at 1,000
square feet total for detached and attached accessory buildings on lots
12,000 square feet or under and 1,200 square feet total for lots over 12,001
square feet. The minimum lot size for single family residential lots is 10,400
square feet. Section 9, that provides a limit of 30 percent of the gross floor
area of principal buildings, could be incorporated into Section 6, or be
eliminated. The purpose of this requirement was to provide a proportionate
size of detached accessory building in relation to the size of the house. The
City Council should determine if this is necessary.
3. Fabric Carports and Shelters: The City Council has asked whether fabric
carports and shelters, usually built without a foundation and with a metal
tubular frame, should be allowed. The structures are typically utilized for car
and recreational vehicle storage. The current language in Section 11 and in
Section 401.15.C.8 as found below does not allow for this type of structure.
The following should be considered as it relates to fabric carports and
shelters:
a. Regulation and Enforcement. The structures are difficult to regulate and
would take additional staff enforcement time if allowed within the City. If
allowed, the City may want to regulate the structures through a permit and
on a limited basis, such as no more than one year.
b. Safety issues. If not securely fastened to the ground, the structures can
be a hazard to the property or neighbor's property if subjected to high wind
conditions.
c. Appearance. The appearance of the structures is at odds with standard
residential and accessory buildings. Neighbors may object that a property
owner can install such a structure when they have gone to the expense of
constructing more substantial detached accessory buildings that match
the house. If the fabric structure is allowed to exist on the property for a
number of years, and can discolor and create appearance issues.
Considering the Issues addressed above, City Staff would not support allowing fabric
carport and shelters. There would be too many regulation and enforcement issues that
Staff would need to address. Additionally, it is thought that most neighborhoods in the
City would not embrace this change. The temporary structures could create numerous
safety and appearance issues.
Section 401.15.C.8 Building Type and Construction also restricts the types of building
materials and construction types for structures. That section is as follows:
4
44 of 86
Page 36 of 68
8. Building Type and Constmedon.
d. General Provisions.
25 1) Compabbilify. Buildings in all zoning districts shall maintain a high
standard of architectural and aesthetic compatibility with surrounding
properties. Compatibility means that the exterior appearance of the
building, including design, architectural style, quality of exterior building
materials, and roof type and pitch are complementary with surrounding
Properties.
25 2) Maintenance. All buildings in the City shah be maintained so as not to
adversely impact the community's public health, safety, and general
welfare or violate the provisions of the Nuisence or Hazardous Building
provisions of the Oak Park Heights Code of Ordinances
0 3) Metal Building Finishes. Ato unfinished steel or unfinished aluminum
buildings shall be permMed in any zoning district. High quality, non-
corrosive steel, aluminum, or other finished metal shall be allowed for
walls or roofs
4) Prohibited Materials and Stnictures.
e. Pole buildings and Quonset shmfures
b. Wood or metal poles as principal structure support where such
supports are not affixed to a floor slab but inserted directly into
the ground to achieve alignment and bearing capacity.
20 5) Accessory Buildings. AB accessory buiddings to residential dwelling units
and non-residential uses shall be constructed with a design and materials
consistent with the general character of the principal structure on the lot
as specified in Section 401.15 D of this Ordinance.
b. Exterior Building Finishes — Residential: The primary exterior building A*ade
finishes for residential uses shall consist of materials comparable in grade to the
following:
1) Brick
2) Stone(natural or artificial).
3) Integral colored spilt face(rock face)concrete block.
4) Wood, natural or composite,provided the surfaces are finished for
extenor use or wood of proven exterior durability is used, such as
cedar, redwood or cypress.
5) Stucco(natural orartftbl).
6) High qualify and ecologically sustainable grades of vinyl, steel and
aluminum. Vinyl shall be a solid colored plastic siding material.
7) Fiber cement board.
8) Exterior insulation and finish systems
5
45 of 86
Page 37 of 68
9) Energy generation panels and devices afted to a roof or wall. If
not in use, the panels or devices should be removed and building
sun'bcce restored to the original condition.
G. Exterior Building Finishes—Commercial. The exterior architectural elements and
finishes for all buildings in the business zoning districts shall be subject to
Section 401.16 of this Ordinance known as the Design Guidelines.
EXAMPLE CITY ORDINANCES
Six cities were selected in that they provide a range of options related to accessory
building regulations and because of their proximity to Oak Park Heights.
Afton
Attached is a copy of the Afton regulations related to accessory buildings. The
ordinance allows for detached residential accessory buildings at a maximum square
footage of 720 square feet with a maximum height of one story. While there are no
design restraints, the ordinance requires that all accessory buildings have a foundation,
concrete slab or footings.
Bayport
Provided as attached is the section of the Bayport regulations that address accessory
buildings. The regulations provide for sheds, garages and rural storage buildings. The
garage regulations are most applicable to Oak Park Heights. Garages of 2,000 square
feet or 10 percent of the lot area are allowed in the R-1 District and or the lesser of
2,000 square feet or 10 percent of the lot area is allowed in the R-2 District. The height
requirements are at 12 feet or 17 feet to match the pitch of the principal structure. The
exterior design and color of the garage shall be the same as that of the principal
structure or be of an earthen tone.
Mahtomedi
Mahtomedi specifies maximum size of accessory buildings based upon lot size. Lots
less than 10,400 square feet may have an accessory building not to exceed 750 square
feet and lots over 10,400 square feet may have an accessory building not exceed 1,250
square feet. Accessory buildings shall have no more than one level and shall not
exceed the height of the principal building. The ordinance does not allow canvas,
plastic fabric or other non-permanent building materials.
Stillwater
Attached is a copy of the Stillwater regulations. Stillwater allows a maximum of 500
square feet for accessory dwelling units and 750 square feet for a detached accessory
structure. The maximum building height is 20 feet. The City requires design review for
consistency with the house for detailing and materials.
6
46 of 86
Page 38 of 68
White Bear Lake
Primary accessory structures are required to not exceed 100 percent of the first-floor
area of the principal structure or 1,000 square feet, whichever is less. On lots with an
attached garage, the maximum size of a detached accessory structure is 625 square
feet, but not exceeding 10 percent of the rear yard. The combined square footage of
the accessory structure and attached garage can be no more than 1,000 square feet for
lots having 10,500 square feet or less and 1,250 square fleet for lots having more than
10,500 square feet. The height limit is 15 feet for accessory structures. The exterior
color, design, and/or material of the structure shall be compatible with the principal
structure.
Woodbury
The Woodbury accessory building regulations are attached. Detached accessory
buildings in the R-1 District (less than five acres) are allowed a maximum size of 1,000
square feet. Attached garages shall not be more than 1,000 square feet or 50 percent
of the main floor area of the principal building, up to 2,000 square feet, whichever is
greater. The accessory structures are allowed a wall height of no more than 12 feet and
the buildings may not be more than one story in height. Cloth. canvas. clastic sheets
and tarps are not allowed as primary materials on accessory buildings, except on
greenhouses.
A table showing these allowances and how they compare to the existing Oak Park
Heights regulations is as follows:
Accommm Bullildina Regulations
city Size Allowance I Height Allowance Fabric
Afton Maximum of 720 sq. ft. One story Requires a foundation,
concrete slab or
footin
Bayport 2,000 sq.ft.or 10 12 or up to 17 ft to Exterior design and
percent of the lot area in I match the pitch of the color of garage to match
the R-1 District. The principal structure the principal structure
lesser of 2,000 sq.ft.or
10 percent of the lot
area in the R-2 District
Mahtomedl Lots less than 10,400 No more than one story Does not allow canvas,
sq.ft building not to and not exceed the plastic fabric or other
exceed 750 sq.ft.and height of the principal non-permanent building
lots over 10,400 sq.ft. a building materials
building not to exceed
1,250 sq.ft.
Oak Park Heights Not to exceed 1,000 12 or up to 17 ft.to Similar quality exterior
square feet of attached match the pitch of the material.
and detached principal structure
Stillwater 500 sq.ft for accessory 20 feet Design review required
dwelling units and 750 for consistency with the
sq.ft.for detached house for detailing and
accessory structures materials
7
47 of 86
Page 39 of 68
White Bear Lake Combined attached and 15 ft Color, design and/or
detached shall be no material shall be
more than 1,000 sq.ft. compatible with the
for lots 10,500 sq.ft or principal structure.
less and 1,250 sq.ft.for
lots more than 10,500
.ft.
Woodbury Maximum size of 1,000 Wail height of no more No cloth, camas, plastic
sq.ft.or 50 percent of than 12 ft. and not more sheets and tarps except
the main floor area of than one stay. on gresehouses
principal building, up to
2,000 sq.ft.whichever
Is greater
Concl usion/Recornmendations
The City Council should review the scope of work and provide direction to the Planning
Commission as to the potential amendments to the accessory building section. The
City Council should review what other cities in the Metro area are doing in terms of
accessory buildings. If the City Council members have any examples or other cities
they would suggest, that would be encouraged. Note that the current City regulations
for accessory buildings are very consistent with other example City regulations.
13
48 of 86
Page 40 of 68
4 1.1 S.D. Accessory Buildings, Uses and Equipment.
1. Connection with Principal Building. An accessory building shall be
considered an integral part of the principal building if it is connected to the
principal building by a covered passageway.
212. Location. No accessory buildings shall be enacted or located within any
required yard other than the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401.15.D.13 of
this Ordinance.
213. HelghtlSetbacks. Accessory buildings shall not exceed twelve (12) feet in
height and shall be five (5) feet or more from side lot lines, eight (8) feet from the
rear lot line, and shall be six (6) feet or more from any other building or structure
on the same lot. Accessory buildings shall not be located within a utility and/or
drainage easement unless written approval is obtained from the easement
holder. Accessory building height may be increased an additional fire (5) feet
with approval of the Building Official to match roof pitch or style of a principle
structure. The setback and height requirements under this provision may be
varied by approval of a conditional use permit as provided for in Section 401.03
and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer
than six (6) feet to other buildings or structures providing the requirements of the
Building Code are met.
214. Lot Coverage. No accessory building or detached garage or combination
thereof within a residential district shall occupy more than twenty-five (25)
percent of the area of the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401.15.D.13 of
this Ordinance.
115. Number of Structures. No building permit shall be issued for the construction
of more than one (1) private garage or storage structure for each detached single
family dwelling, commercial, industrial, public or institutional building except by
approval of a conditional use permit according to the provisions of Section
409.03 and 401.15.D.13 of this Ordinance. Every detached single family
dwelling unit erected after the effective date of this Ordinance shall be so located
on the lot so that at least a two (2) car garage, either attached or detached, can
be located on said lot.
6. Size. No accessory building for single family dwellings or combination of
attached and detached accessory buildings shall exceed one thousand (1,000)
square feet of floor area, except by conditional use permit as provided for in
Section 401.03 and Section 401.15.D.13 of this Ordinance.
From City Ordinance 409 (as amended August 23, 2019)
49 of 86
Page 41 of 68
7. Administrative Approvals. Storage buildings one hundred twenty (120)square
feet or less and in conformance with the provisions of this Ordinance may be
approved by the Building Official without a building permit, and may be in excess
of the number of structures allowable in Section 401.15.D.5. above.
218. Building Permit. No building permit shall be issued for the construction of an
accessory building in a residential district when an existing detached garage or
other accessory building is located on the same lot, except by conditional use
permit as provided for in Section 401.03 and Section 401.15.13.13 of this
Ordinance.
9. Size Limit. Except in the case of single family detached dwellings, accessory
buildings shall not exceed thirty (30) percent of the gross floor area of the
principal buildings. In those cases where the standards are exceeded, a
conditional use permit as provided for in Section 401.03 and Section 401.15.D.13
of this Ordinance.
10. Accessory Uses. No accessory uses or equipment such as air conditioning
cooling structures or condensers, swimming pools, and the like which generate
noise may be located in a side yard except for side yards abutting streets where
eauinment is fully screened from view.
11. Compatibility. The same or similar quality exterior material shall be used in the
accessory building and In the principal building. All accessory buildings shall
also be compatible with the principal building on the loft. "Compatible"means that
the exterior appearance of the accessory building including roof pitch and style is
not at variance with the principal building from an aesthetic and architectural
standpoint as to cause:
a. A difference to a degree to cause incongruity.
b. A depreciation of neighborhood values or adjacent property values.
C. A nuisance. Types of nuisance characteristics include unsightly building
exterior.
12. Trash Receptacles. All buildings having exterior trash receptacles shall provide
an enclosed area in conformance with the following:
a. Exterior wall treatment shall be similar and/or complement the principal
building.
b. The enclosed trash receptacle area shall be located in the rear or side
yard.
From City Ordinance 409 (as amended August 23, 2011)
50 of 86
Page 42 of 68
C. The trash enclosure must be in accessible location for pick up hauling
vehicles.
d. The trash receptacles must be fully screened from view of adjacent
properties and the public right-of-way.
L"^. The design and construction of the trash enclosure shall be subject to the
approval of the Zoning Administrator.
13. Conditional Use Permits. Application for a conditional use permit under this
sub-section shall be regulated by Section 401.03 of this Ordinance. Such a
conditional use permit may be granted provided that:
a. There is a demonstrated need and potential for continued use of the
structure for the purpose stated.
b. In the case of residential uses, no commercial or home occupation
activities are conducted on the property.
C. The building has an evident re-use or function related to the principal use.
d. Accessory building shall be maintained in a manner that is compatible with
the adjacent residential uses and does not present a hazard to public
health, safety and general welfare.
21 e. The reduction of setback requirements is based upon a specific need or
circumstance which is unique to the property in question and which, if
approved, will not set a precedent which is contrary to the intent of this
Ordinance.
21 f. Existing property line drainage and utility easements are provided for and
no building will occur upon this reserved space unless approved in writing
by the easement holder.
21 g. The reduction will work toward the preservation of trees or unique physical
features of the lot or area.
21 h. If affecting a north lot line, the reduction will not restrict sun access from
the abutting lots.
21 i. The building height of an accessory building shall not exceed twenty-fire
(25)feet.
21 j. Accessory buildings or detached garages or combination thereof within a
residential district shall not occupy more than thirty-fire (35) percent of the
rear yard.
From City Ordinance 401 (as amended August 23,20f 1)
51 of 86
Page 43 of 68
k. The provisions of Section 401.03.A.8 of this Ordinance shall be
considered and a determination made that the proposed activity is in
compliance with such criteria.
From City Ordinance 401(as amended August 23, 2011)
52 of 86
Page 44 of 68
15,
153. Building Type and Construction.
a. General Provisions.
26 1) Compatibility. Buildings in all zoning districts shall maintain a high
standard of architectural and aesthetic compatibility with surrounding
properties. Compatibility means that the exterior appearance of the
building, including design, architectural style, quality of exterior
building materials, and roof type and pitch are complementary with
surrounding properties.
a; 2) Maintenance. All buildings in the City shall be maintained so as not
to adversely impact the community's public health, safety, and
general welfare or violate the provisions of the Nuisance or
Hazardous Building provisions of the Oak Park Heights Code of
Ordinances.
26 3) Metal Building Finishes. No unfinished steel or unfinished aluminum
buildings shall be permitted in any zoning district. High quality, non-
corrosive steel, aluminum, or other finished metal shall be allowed
for walls or roofs.
25 4) Prohibited Materials and Structures.
a. Pole buildings and Quonset structures.
b. Wood or metal poles as principal structure support where
such supports are not affixed to a floor slab but inserted
directly into the ground to achieve alignment and bearing
capacity.
26 5) Accessory Buildings. All accessory buildings to residential dwelling
units and non-residential uses shall be constructed with a design and
materials consistent with the general character of the principal
structure on the lot as specified in Section 401.15.1) of this
Ordinance.
26 b. Exterior Building Finishes — Residential: The primary exterior building
facade finishes for residential uses shall consist of materials comparable in
grade to the following:
1) Brick.
2) Stone (natural or artificial).
3) Integral colored split face (rock face) concrete block.
53 of 86
Page 45 of 68
4) Wood, natural or composite, provided the surfaces are
finished for exterior use or wood of proven exterior durability
is used, such as cedar, redwood or cypress.
5) Stucco(natural or artificial).
6) High quality and ecologically sustainable grades of vinyl,steel
and aluminum. Vinyl shall be a solid colored plastic siding
material.
7) Fiber cement board.
8) Exterior insulation and finish systems.
9) Energy generation panels and devices affixed to a roof or wall.
If not in use, the panels or devices should be removed and
building surface restored to the original condition.
as c. Exterior Building Finishes — Commercial: The exterior architectural
elements and finishes for all buildings in the business zoning districts shall
be subject to Section 401.16 of this Ordinance known as the Design
Guidelines.
54 of 86
Page 46 of 68
C141 o1CV+Av\ LANDUSE
3
habitable dowelling unit unless tt,e cdsdq building conforms or the building after such nnpmvement
(including septic system)will oostform with all the requiraoacuts of the City's ordinances and Any applicable
state requirements.
L Any alterations,modifications or enlargements of an existing seasonal principal building far the purpose of
contmumg the seasonal use shall require a Condidaoal Use Permit.
J. In all di Wcu where single-family dpaelted dwellings ane permitted,the following standards dmll apply for
single-family detached dwellings.inducting musbatured hcroses,except that these standards stall not apply
to nwtntfimWed homes permitted by Section 12-213(B),(C),(D)ter(h'):
I. I inimum width.The minimum width of the maim portion of the structure shall not be less than 20 fact,
as measured now the nwraweat portion.
2. Foundations.All dwellings shall be placed an is permanent foundation extending belasw the finsdina and
anabored to resist overturning,uplift and sUding in compliance with the state banding code.
K. The size of a garage attached to a principal residaitial building tdtall not have a foundation that
exceeds 2,000 squaw feeLt"°
Sep—11,497. TIW ofamomy p,1'"
A. Storage or tool sheds;detached residential accessory buildings;detached domesticated farm animal buildings
on residential pucels;and agricultural hnildinge on Waal farms.Such accessory buildings are defined as
follows:
1. Sltoraggar or toot ska b. A one-glory accessory building of less than 160 agate feet gross area with a
rmxiin an roof]eight of 12 feet.No door or other access.opening in a storage or tool shed da exceed
28 square feet In area.
2. Detached residential accessory btu kbg A ono-stotyamenory building meed or iv waded for the storage
of motor4hwn passenger vehicles hobby took garden agwpment,workshop equipment and so forth.
The total area of all sxessoty buildings shall not exceed 2,500 square feet, subject m the acreage
rcxluineuteuta in Subsection(B)o€this section.(Also nee Paragraph(4)of this sectiom)"SD
3. Deiwhaddmest6eawd radmalbuildmgonreaideaudpwrdr.Aose-staayaccesearyboildmgused
or intended for the shelter ofdomeadc Am anneals andlor related head or other Am sainnal supportive
m atalals an any numagrieulta d pared as defined in Section 1255.The total area of all accessory
building shell not exceed 2.500 square fist„subject to the acreage requirpmetts in Subsectiea(B)of this
section.Such buildings WWI be regulated by Subsections(B),(M.amt(N)of6b section.
4. dgrdatittsral abroilaafnp an n wd farms.An accessary building used or intended for use on a parcel on
which astral agriculture,as defcued in Seetim 12-55,is due principal use,and aball be subject to fine
following mous:No acne wq building,except for agricultural buildings an rural harms,shall be
more than 20 feet in height,nor have a roof pitch which exceeds that of the principal building.On any
lot of less than live acres no accessory WHO* shall enoe d the square footage of the principal
dructme.15"
5. "Mag a daulasrul braUdinrgs at the tonne of a subdivision are exempt ftp the limits on the maxlmum
square fbatege and on the told wmiber of aooessarybuNings imposed by Subsection(B)of this section.
Any addition to or expansions of accessory buildings shall thereafter be subject to n qutt+artettts of tbis
sect=with the existing agricultural buildings being Included in froth the square fietage and building
number calvilations.
6. Tegwrwy Accauipy Dmdfing Udz A temporary dwelling unit that is accessory to a residential
principal stroomne,and that can be assily removed.A temporary accessory dwelling ank requires an
administiniive permit. Such permit obeli expire 180 days from the daft of issuance,udm thea is
specific ordinari a language setting out a longer timeframe,and may be renewed for ons additional 180
day csz
n"E Ord 03-2012,112-186(KJ 4/17/2012
149 Code I M 1301.703
150 Ord 05-M3,3/19/2013
151 Ord 05-2015,3/19MI3
152 Orad 052013,3/1912013
CD12z67
55 of 86
Page 47 of 68
AFTON CODE
Yy l3. Permitted ttsea of acc�es]sory buildings,est
StoMga or tod shed:
Pwn*requhaed Building Bur'lding DWIding
Maximum square foofte 160 160 160
Maxinnma roof height 12 feet 12 feet 12 feet
lvfw mum door openiva8 am 28 sq.1k 28 sq.$. 28 sq.&
Ma dumm number of stories Ono stow one Ona s
Depcehed reddeatial ucewm7 butmingt
Permit requited Admin&Bldg. Admin&Bid,& Bldg
Maximum square*amp 720
Maximum munber ofataEa One a Oae s � one at
Dstraehad domesda t it farm satin 1,buil ng
oa rasidemtw parcels:
pmah required Admin&Bldg. Admin&Bldg. N•+**
Maximum squam fo tW *** ***
Maximum number of atones One LtmOne
Agriealt nd Ibagdbtg oml rural fares
Mta!ne than 10 but lass than 20 acres;
Permit required Admin Admin N
Maximum square footage
2p Oar ranee acme;
!'atnit AdmiWaraat Site Platt I Adudn/Farm Site Plan I N
*See Ch. 11,Sec. 1102 of the international Building Code(IBC)
*' ToW manber of accessory buildings possible: 1 or 2 on parcels of 10-70 1 or 2 on parcels of S aaod 1 TWO
acres tent to exceed a total of more ac.Not to exceed a total exceed 720
2,500 square feat,;2 on of2,000 aguare feet 1 an squm llaet.
parcels less than 10 acres trot parcels hes than S scree not to
to exceed 2,000 square foot, exceed 1,000 square feet.
Residendal parcels sball be Agicultural pamels shall be
regulated by the Left disbrick ragalstcd by the A and AP
Permit shall be recorded.No districts.Permit shall be
Admin pmuhraquired on recorded.No Admin permit
builttings 1,000 s.f.at Icm required on builftp 1,000
31 of las.
See Section 12-2330 regulating the keeping of chickms an parcels las Brett ti+ve(5)acres-IM
C. A storage or tool shed as defined in this section may be placed on any lot in addition to the pamitbed type
And ntmtber of accessory buildings.
19 Ord 04-7010,§12-1 B7(B),4121/10
154 Ozd 05-2013.3/19M13
CD12:611
56 of 86 _
Page 48 of 68
LAND USE
D. No accessory building shall be constructed nor accessory use located an a lot until a building permit has been.
issued for the principal building to which it is accessory,
E A building shall be eoasidered an Jateggiel part of the principal building if it is located six fee or less fiam
the principal building.The exterior design and color shall be the same as Beat of the ptmcW building and
the ihdght shall nut a owed the height of the Nh dpal stzttctrM
F. No necessary building in a Commercial or Indush ial Zoning Distract shall exceed the height of the;pdadpal
buflft&
G. No accessory building ansa]]be located neer the front lot line than the principal building on flat lot except
by eve Pan*as provided for harm:
1. Tho proposed accessory building shall be located on a lot of five or more acres;and
I The proposed accessory building&hall be scraned from the public atrent and neighboring parods,by
Odsling vegetection that provides yesr,nound screening and exwecla the bdgk of the summa zy building
unless fire accessory building is of the same design and material as Hw principal'building and is located
25 feet or less f-OM the principal bolding,provided all other rcgWred udwJu are me L
H. Aomnory structures located on lake or atreatn huntup loth:maty be located between the public atr+oet and the
principal shucture as regulated by fire shoredand managemem otdittance and 3ubsectioa(Cr)of this se;eftm
I. HetIIs h"M and buildings need sr<shelters from which to fish during open warea months an to be considered
accessorystructures fu petrpowo of flys article.All houseboats used within the City liarits for it period of 30
consecutive days or mora shall require a Administrative Permit.Such permit slab slow the owner,owner's
address,boat license nu mbcr,whether the boat is to be med as a seasonal residence,and if so,for what ptcrlod
of!rime diumg tate year,We of ssnitwY sewage iecfiity,water supply and site plan showing the method of
acerae to the public strut Each houseboat shall hm►e one 054treet parking space within+400 feet of the
docking ofsuch houseboaL No houseboat sbaU be used as a penmaaeut residence
L Ion twining looses stared an parcels of land dozing summer months shall be considered so accessary storage
building equivalent to a strings or tool sated as defined in Subsection(A)(1)of this suction.I=AW ft houses
sball meet the size Una to itms of Subsecdon(BXI)of this section and all other provisions of oris aiticir,
except Subsection(K)of this section.
X All accessory buildings shall be se cumly anchored. Those over 100 square lied ahsla Jenne a foundstiou,
concrete slab ar ibotiW 1401169dcultnual accessory bufdings large'than 100 squame feet shall zeyuite a
building permit regardim of improvement value.Roof and wind loads shall conform to r+equiranents as
contained is the building cede.
L,. All accessory buildings shall mesa the minimum required setbacks oonwinod in Section 12,132(A)far the
awning district in vAdc*it is to be located.
M. An Administrative Permit is required for approval and construction of a detached domesticated Jistm animal
building on a residential parcel of at least five aza ad up to 20 noir,&. No detached domesticated farm
animal intruding shall bepermitted on any lar less than five acres.Anapplication fes an Administrative Permit
stall include the follkyrying:
1. A dimensimed site plea or social pbotogmph illusuating within 500 feat of the:proposed structure:All
adjacent piapetly owncw lot lines,bounce,septic systems,Icnaea,W^ells,animal buiWir4s and other
structures and find stntage areas; aU wet marshy areas, dnrinagewags, and shor iMac; all proposer]
grazing arena On the site;all now utlity externs and driveway access In the proposed building;and
all manure slornge w d disposal areas.
2. A written sail inventory and evahtabion from the costly soil conservation disk"
3. Details of the banding floor plan,cevations,materials and color ofstructn.
N PerPorroance sUndards for detached agricultural buildings and domesticated ftsrm annual buildmV shall
include the hollowing:
CD'12:69
57 of 86
Page 49 of 68
City of Bayport
Accessory Building Requirements
See.703.-Accessory buRdiings and structures.
703.01 For the purpose of this ordinance, accessory buildings are defined as a subordinate
building, or a portion of the main building,which is located on the same lot as the main building
and the purpose of which is clearly incidental to that of the principal building. Types of accessary
buildings include storageltool/garden sheds, garages, rural storage buildings, or agriculturalifarm
buildings. Said accessory buildings are defined as follows:
(1)
Storage400lfgarden sheds. A one-story, detached accessory building of less than 120
square feet gross area with a maximum roof height of 12 feet. No door or other access
opening in a storage or tool shed shall exceed six feet In width and a total of 42 square
feet.
(2)
Garage. A one-story, attached or detached accessory building used or intended for the
storage of motor-driven passenger vehicles, tools,equipment, or recreational
equipment. The maximum height of an accessory building shall be 12 feet. The city
administrator shall have the right to approve an increase in the height of an accessory
building to a maximum of 17 feet for the purpose of matching the roof pitch or style of
the accessory building with that of the principal structure. The height of the accessory
building shall not exceed the height of the principal structure.
(3)
Rural storage building or agriculturaUfarm buildings A one-story accessory building
used or intended for the storage of motor-driven passenger vehicles, tools, machinery,
equipment, domesticated farm animals, grain, or feed. The maximum height of an
accessory building shall be 12 feet.The city administrator shall have the right to approve
an Increase in the height of an accessory building to a maximum of 17 feet for the
purpose of matching the roof pitch or style of the accessory building with that of the
principal structure. The height of the accessory building shall not exceed the height of
the orincioal structure.
(Ord. No. 710, §2, 8-5-96; Orel No. 796, § 1, 3-3-08)
703.02. Permitted uses of accessory buildings:
Refeme
R-1 R-2 Permit e
(1 StorageltooUgarde
n shed:
58 of 86
Page 50 of 68
Permitted;may be Permitted;may be
placed on any lot placed on any lot
in addition to in addition to Form required
other permitted other permitted to verify
accessory accessory setbacks but 703.01(1
Use buildings buildings no fee )
703.01(1
Max.area size 120 square feet 120 square feet — )
703.01(1
Max.roof height 12 feet 12 feet )
Max.number of 703.01(1
stories 1 story 1 story }
(2
Garage:
Buildingperm
it and fee 703.01(2
Use Permitted Permitted required )
The lesser of The lesser of
2,000 square feet 2,000 square feet
or 10%of lot or I Mo of lot
area,provided it area,provided it
does not exceed does not exceed
the maximum lot the maximum lot
coverage for all coverage for all 703.01(2
Max.area size structures structures — )
59 of 86
Page 51 of 68
Max.number of 703.01(2
stories 1 story 1 story )
Up to 12 feet or Up to 12 feet or
up to 17 feet to up to 17 feet to
match pitch of match pitch of
principal principal
structure,but structure,but
cannot exceed cannot exceed 703.01(2
Max.roof height principal structure principal structure --
Rural storage
building or
(3 agricultural/fatm
building:
Permitted if in
effect prior to this Buildingperm
ordinance;new it and fee 703.02(3
Use Permitted uses not permitted required )
The lesser of
2,000 square feet
or I No of lot
area,provided it
does not exceed
the maximum lot
coverage for all
Max.area size structures -- — —
Max.number of
stories 1 story 1 story — —
Max.roof height Up to 12 feet or
up to 17 feet to
match pitch of
60 of 86
Page 52 of 68
principal
structure,but
cannotexceed
principal structure
1
storagehool/garde
n shed
1 attached garage
I detached
garage,rural I
storage building, storage/tool/garde
Total number of or n shed
(4 accessory agricultural/fazm I attached garage
buildings allowed building 1 detached garage 703.03
The lesser of
2,000 square feet The lesser of
of aggregate area 2,000 square feet
or 10%of lot of aggregate area
area,excluding or 10%of lot
storagehool/ area,excluding
garden sheds, storage/tool/garde
provided it does n sheds,provided
not exceed the it does not exceed
Total area of maximum lot the maximum lot
accessory coverage for all coverage for all
buildings per lot structures structures —
(Ord. No. 653, 8-6-90;Ord. No. 710, §3, 6-5-96; Ord No. 772, § 1, 5-2-05; Ord. No. 796, § 1, 3-3-
08)
703.03.A tool shed as defined in this section may be placed on any lot in addition to the
permitted number of accessory buildings.
703.04. No accessory building shall be constructed nor accessory use located on a lot until a
building permit has been issued for the principal building to which it is accessory.
703.05.The total aggregate area of residential accessory buildings per lot, attached and
detached, shall not exceed the lesser of 2,000 square feet or ten percent of the total lot area. In
addition, the height of such structure shall not exceed the lesser of one story, up to a maximum of
61 of 86
Page 53 of 68
17 feet, or the height of the principal structure on the lot, except when said structures are located
in business, industrial or planned unit developments.
(Ord. No. 796, § 1, 3-3-08)
703.06.An accessory building shall be considered as an integral part of the principal building
if it is located six feet or less from the principal building.The exterior design and color shall be the
same as that of the principal building or be of an earthen tone;the height shall not exceed the
height of the principal structure unless more restrictive portions of this ordinance prevail.
703.07. No accessory building In a commercial or industrial district shall exceed the height of
the principal building, except by conditional use permit.
703.08. No accessory building in apartment developments shall exceed the height of the
principal building, except by conditional use permit.
703.09.Accessory buildings in the commercial and industrial districts may be located to the
rear of the principal building, subject to the building code and fire zone regulations.
703.10. No detached garage or other accessory building shall be located nearer the front lot
line than the principal building on that lot, except in districts and planned unit or cluster
developments,where detached garages or other accessory buildings may be permitted nearer the
front lot line than the principal building by certificate of compliance and written approval of
adjacent property owners submitted to the zoning administrator.
703.11.All accessory buildings, including attached and detached residential garages,shall
have a minimum five-foot setback, measured from the save dripline, from interior rear or side lot
lines, providing a ten-foot separation to adjacent buildings on abutting lot is maintained. "Interior
lot line"means any side or rear lot line that is common with the side or rear lot line of an adjacent
lot.
A residential garage that is attached to the principal structure and contains living space or a
potential habitable area above the garage may be set back five feet from interior rear or side lot
lines, measured to the foundation wall of the structure, provided the living space or potential
habitable area is situated so that it meets the setback requirements of the principal structure for
the zoning district.
Accessory buildings on lake or stream frontage lots may be located between street and principal
structures provided that physical conditions of the lot would require such a location, as determined
by the zoning administrator.Accessory buildings shall not be permitted within 20 feet of any public
right-of-way except when a lot abuts an alley, an accessory building with a vehicle entrance door
on the side of the building opposite the alley or on the side of the building that is perpendicular to
the alley, may be permitted a seven-foot minimum setback, measured to the save dripline,from
the alley right-of-way.All accessory buildings Including detached residential garages shall have a
minimum seven-foot setback from the alley right-of-way, measured from the save dripline.
(Ord. No. 637, §1, 12-3-84; Ord. No. 722, § 722.01, 4-10-98; Oid. No. 772, § 1, 5-2-05; Ord No.
796, § 1, 3-3-08)
703.12. Houseboats and buildings used as shelters during open water months from which to
fish are to be considered accessory structures for purposes of this ordinance.All houseboats used
within the city limits for a period of 30 consecutive days or more shall require a certificate of
compliance.Said permit shall show the owner;owner's address; boat license number;whether the
62 of 86
Page 54 of 68
boat is to be used as a seasonal residence, and if so,for what period of time during the year; type
of sanitary sewage facility; water supply; and site plan showing method of access to public road.
Each houseboat shall have one off-street parking space within 400 feet of the docking of such
houseboat. No houseboat shall be used as a permanent residence.
703.13. Ice fishing houses stored on parcels of land during summer months shall be
considered an accessory storage building equivalent to a storage shed([section] 703.01(1)). Ice
fishing houses shall meet the size limitations of section 703.02(9)and all other provisions of this
ordinance, except section 703.14.
703.14.Accessory buildings larger than 120 square feet shall require a building permit
regardless of improvement value. Roof and wind loads shall conform to requirements as contained
in the building code.
(Ord. No. 796, § 1, 3-3-08)
703.15.An attached residential garage or carport may be located as in[section] 703.11
provided there is no habitable space connected thereto that Is within the required yard area for
residential dwellings.
(Ord. No. 637, §11, 12-3-84)
703.16. The required rear yard setbacks for detached residential garages, and storage, boat
and tool sheds, shall be a distance equal to the required side yard setback for each zoning district,
except on through lots when the required rear yard setback in each zoning district shall apply.
703.17.The final exterior finish for an addition, alteration, or improvement to the exterior of
an accessory building or structure shall be substantially completed within six months from the time
the building permit was issued for the project, or if no building permit is required, from the time the
project was started.
63 of 86
Page 55 of 68
i+�XN-
2� o*+A"
5
seetioa .ol:zortin ordinance
Subdivision 9.6:Accessory Uses and Other Uses
9.5 Acy Uses and cher Uses.
A. AeeessomyBullOW.Accessory buildings"comply with the following conditions:
L Accessory Building without a Pd adpd lBWld kk&No accessary building or structure
shall be sonsuumd on any lot podor to the time of construction of the principal building
to which it is accessary unless authorized through an agreement as approved by the city
Administmtor and City Attorney.
2. Size of Accessory Buildings an ReddendA Aerfesitural,mid Conservation Zoned
Parcels.
a. Total Lot Coverage on Lots I OM Square beet or Less.All legally buildable lots in
the Agricultoral,Residential or Conservation Zones(with the exceptions of public
buildings in a mon zone--public being defined an umm owned or operated by
Municipal, Scbool Distrier,County,State or other governmental units)less than ten
tbousand,four hundred(10,400)square feet in axon that have a principal b Akling on
them shall be peumitted to have accessory buildings that have a total lot coverage not
to exceed sever hundred fifty(750)square feet—provided all other applicable
provisions of this Ordinance are met.
b. 'total Lot['_.Yw=on Lots 10 CO Square Feet or Mom The totat maumum lot
coverage of all accessory buildings on a sitrgle peurd in the Agricultural,Residential
or C.aaservation zones(with the a xcgdons of public buildings in a conservation zone
—public being defined as uses owned or operaled by,Municipal,School District,
County,State or other governmental units)shall not exceed 1,250 square feet.or
7.25%of the total lot area,whichever is less.
c. Total Msd=M Lot Coverage.The total maximum lot coverage of all accessory
building shall not exceed eighty percent(80%)of the lot coverage area of the
principal building.The City Council may allow the total maximum lot coverage of all
accessory building to equal up to one hundred percent(100%)of the lot cove mp
area of the principal building pmusut Sandivbione 8.21:CondMantal Use Putt.
3. Separation 1lrem Prhr W Buildings.Detached accessary buildings shall be at least six
(6)feet ftvrn ft principal building situated an the same parceL An ammoty building
shall be considered to be an integral part of the principal built unless it is six(6)fleet
or more from the principal building.
4L Aecessory Buildings is Front Yams Limited.
a. An accessory building shall be set back a ndainaum of thirty(30)feet fivin the front
lot RM
>� On an lots,accessory buildings oilier than detached garages may not be located
closer to a front lot line than the principal building.A detached garage may be nearer
the front lot line than the principal building but not neater the minimum required
setback from the front lot line for a principal building.Example:Mthe existing house
is located forty(40)feet from the front lot line,a detached garage may be located
thirty(30)feet from the front lot line to moat the setback requkements of this
Subdivision,but no other accessory structure may be located closer than forty(40)
feet to match the exiistittg front yard setback of the principal structure.
S. Accessory Buildings Rear Setback.Detached accessory buildings shall not be located
less than eight(8)feet from the rear parcel Hues.On through lis,the Zoning
Administrator or other Autdioracd Agent shall determine the rear property lino.
144 Chapter 11:Planning and Development
64 of 86
Page 56 of 68
tempter 11.01:Zoning Ordinance
Section 9.6:Accessory Uses and Odmr Uses
6. Aeewwry Swing Side Sem.Detached accessory buildings shall not be located
less than five(S)feet horn the side parcel lines.In all ncsidentiai districts,accessory
buildings that exceed one hunched twenty(170)square friar in lot eros and that are
located in the side yard shall meet the side yard requirements of the principal structure for
tie zoning district in which the lot is locatmL
7. Aeeemsory BoRdhW Setbm*on Corner Parcels.Corrie;lots shall provide the required
front yard setback along each street as stated in Subprmvision 4(a)and(b)above.
8. Access ry Bdlding EMShL No accessary building shall have more than one(1)level
nor shall it exceed the height of the principal building fn all zones.A loft in air accessary
structure is not considered a level if the floor area of the loft is less than fifty percent
(SO%)of that of the main level of the accessory strucum Tice City Council may allow
accessory structures with more than one level pursuant to Subidividon 8.21:Condiflonal
Use Permit procedures of this Legislative Code.Detached weather prabBctive canopies,
such as those used for covering gas pump areas,shall be exempt hem the foregoing
height provision in recognition of the rrduintutn clearance requirement of I V 6 but shall
be limited to twenty(20)fleet overall height.
9. Accessory Baildiag Attached to Plipdpal BuRdkgp When an accessary building is
structurally attached to a main building,or located within six(6)feet of the main
building,it shall be subject to,and roust conform to all regulations of this Ordinance
applicable to principal buildings.
10. AppeRnMA.The architectural appearance of amessory buildings shall be visually
compatible with the principal building relative to color,materials,and form.Accessory
buildings constructed primarily of canvas,plastic fabdo,or other similar non—permanent
building mawrials shall be prohibited
11. Garage Door OpenhWL Garage door opening in Agdcultrural,Residential and
Conservation Zones shall be limited in height to eight(8)feet as measured from the
driveway apron at the door opening.
12. Nmnber of Accessory BufldIngs(ell dlaatetg).A maximum of two(2)individual
accomery buildings per lot,including detached garages,shall be allowed in all 7"dng
districts.The Laity Council may allow more than two(2)accessary buildings pursuant to
the conditional use procedures of this code as stated in SubdUsion 821:Condit mud Use
Permit.
13. Accessory Bu&ft Use.Accessory bWldiW in Agricultural.Residential and
Conservation Zones shall not be used for business purposes.
14. Periirdt Requkiri menta.A zoning peratit shall be regWred for all accessory buildings less
than one hundred twenty(12D)square fret in area.All accessory building over one
hundred twenty(120)square feet shall require a building permit.A fee as determined
from time to dm by the City Council shall be taquired to process the zoning permit
(building permit).
B. Adult Oriarted Uses.
1_ Intent.The purpose of dds Subdivision is to establish provisions for the opportunity nuc
well as controls of adult oriented rases within the City of MahtomeW.
2. Fh dings.Studies conducted by the Mitomesom Attorney General and cities such as
hfiinneapolis,Nli mrmesota;St.Pahl.Mieaesota;Indianapolis,Indiana;Las Angeles,
California;and Phoenix,Arizona have studied the impacts that adult otieaaed uses have
in those comtnunities.These studies have concluded that adult oriented uses have an
O"tca 11:Muming and Developnwis
65 of 86
Page 57 of 68
(0
XH.
City of Stillwater
Accessory Building Requirements
• Sec. 31-603. -Accessory structures.
Subd. 1. In TR distrfcts.
(a)
Accessory structures are subject to the following regulations;
(1)
One accessory structure may be located on a residential lot.
(2)
Uses may include one or more of the following:
L
Accessory dwelling unit, 500 square feet maximum;
ii.
Accessory dwelling and one enclosed structure parking space(720 square feet
maximum);
III,
Home office; and/or
iv.
Storage.
(3)
Maximum size of a detached accessory structure is:
i.
00 square feet, one story use of loft area is allowed; or
ii.
720 square fleet(when grade level used as only garage, i.e., no garage attached
to primary structure), 20 feet maximum building height.
(4)
A detached accessory structure must abide by the following setbacks:
Side yard,5 feet
Rear yard, 10 feet
(5)
The application requires design review for consistency with the primary unit in design,
detailing and materials.
(6)
Detached accessory structures shall not have window openings facing the rear
property line,
(7)
Detached accessory structures located on corner lots shall have the garage doors
turned away from the side street.
66 of 86
Page 58 of 68
(8)
If there are two garages on site, a minimum of one garage shall not face the street or
streets if a corner Jot.
5ubd. 2. In R8 districts
(a)
Accessory buildings are subject to the following performance standards:
(1)
The maximum lot coverage of all accessory buildings including attached and detached
private garages and other accessory buildings shall be 9,000 square feet or ten
percent of the lot area,whichever is less.
(2)
The total ground coverage of the accessory buildings shall not exceed the ground
coverage of the principal building.
(3)
No more than two accessory buildings, one private garage and one other accessory
building, 120 square feet maximum, shall be located on a residential premises.
(4)
An accessory building shall not be designed or used for human habitation, business or
industrial accessory use.
67 of 86
Page 59 of 68
C&I ar NU OW 644L 6Y#- 7
11302.030 ZONING CODE 11302.030
§1302.030 99Ni.RAL BUILDING AND PERFORMANCE REQUMMENTS.
Subd. 1.ase.The purpose of this Section of the Zoning Code is to establish general
development performance standards. These standards are Intended and designated to assure
compatibility of uses;to prevent urban blight,daterioration and decay,and to enhance the health,safety
and general welfare of the residents of the community.
Subd.2. Dwelllna Uni(Restriz tlon.
a) No collar, basement, garage, teat or accessory building shall at any time be used as an
Independent single family residence or dwelling unit, temporarily or permanently, except for
approved home accessory apartments or permitted temporary health care dwelling units per
Section 1302.123_(Ref.Ord. 10-1-1062, 1/12!10, 16-10,2019, 10111116)
b) Basements may be used as living quartans or roans as a portion of residential dwelings.
c) Earth Sheltered dwelling units shall not be considered as a basement or cellar,but shall require a
conditional use permit as regulated by Section 1301.060 of this Code.
d) Tents,play houses or similar structures may be used for.play or rec reaton ai purposes.
Subd.3. Platted and Undlatted Prvoft.
a) Any person dashing to Improve property shall submit to the Building Official a survey of said
premises and Information on the location and dimensions of existing and proposed buildings,
location of easements crossing the property,encroachments,and any other Information which may
be necessary to insure conformance to City Codes.
b) All buildings shall be so placed so that they will. not obstruct future streets which may be
constructed by the City in conformity with existing streets and according to the system and
standards employed by the City.
c) A lot of record existing upon the effective date of this Code(12-19-84)in a residential district Mich
does not most the requirements of this Code as to area or width may be utilized for single family
detached dwelling purpose,provided that
1) The measurement of such area and width are within seventy (70) percent of the
requirements of this Code;and
2) Setbacks and yard requirements shall be in conformance with this Code. (Ref.Ord.No.
09-02-10616,2110/09)
d) Except In the case of planned unit development as provided for in Section 1301.070 of this Code,
not more than one(1)principal building shall be located on a lot.
e) On a double frontage lot(a lot fronting on two(2)parallel streets),both street lines shall be frontlot
lines for applying the yard and parking regulations of the Code. (Ref.Ord. 10-1-1062,1/12110)
�raurn Subd.4. &MIM Build1l]gj and res and ses.
9) No accessory building or structure shall be permitted on any lot prior to the time of the issuance of
the building permit for the construction of the principal building.
1302.030.1
68 of 86
Page 60 of 68
§11302-830 ZONING CODE §1302.030
b) Accessory buildings and structures are permitted In the rear and side yard only. On Iola which
have access to an alley,the garage shall utilize that alley unless an alternative location is approved
by the Zoning Administrator,provided that the garage does not face oracaess the true front of the
lot,and on a corner lot,an attached garage must be located in the near yard. (Ref.Ord. 09-02-
1056,2/10/09)
c) An accessory structure shall be considered attached If it is located less than six(6)feet from the
principal structure. (Ref.Ord.897,7/13/93)
d) Any attached or unattached accessory building which abuts a pubic street right-of-way shall
adhere to the same setback requirement as that of the principal structure except lock boxes as
provided in§1303.230, Subd.5b of this Code. (Ref Ord 915, 12/'131'94)
e) In all residential zoning districts except the "R-11"and "R-IS' districts, an attached residential
garage shall not set within ttve(5)feet of the side property line and shag maintain the principal
structure's minimum setback requirement Awthe rearyard and when adjacent to the public right-of-
way. A property owner who constructs a tuck-tinder garage shall adhere to the same setback
requirements for that of the principal structure. Any detached residential accessory structure,
except recreational and venter-odented accessory structures,shall not set Y thin five(5)feet of a
side lot line and five(5)feet of the rear lot line. The exterior color,design and/or material of the
garage shall be compatible with the principal structure. (Ref.Ord.804.3/14190;807.7/13193,915,
12113/94;981, 10/10100)
f) In the OR-1 I"and"R-1 S"district attached and detached residential garages shall not set within
fifteen(15)feet of the side lot fine except where the high point of the roof of an accessory structure
(efter attached or detached)exceeds fifteen(15)feet In height, the structure shall be setback
from the side lot boundary line an additional one (1) foot for every foot of structure height
exceeding fifteen(15)feet. Structure height shall be measured from mean ground grade to the
high point on the rflof. An attached garage shag also maintain the principal structure's miinimum
setback requirement for the rear yard and when adjacent to a public right-of-way. A property
ownerwho constructs a tuck-undergarage shall adhere to the same setback requir+emerrtsforthat
of the principal structure. The exle or color, design and/or material of the garage shall be
compatible with the principal structure. (Ref. Ord.897,7/13/93)
g) No detached garages or other accessory buildings except attached garages in residential districts
shall be located nearer the front lot line than the principal building on that lot except in planned unit
developments or cluster developments.
h) Aecesssorystructures located on lake frontage lots or lots with a rearalley maybe located between
the public righW- nay and the principal structure provided that the physical conditions of the krt
require such a location. Following are the required setbacks to the public right-of way.(Ref.Ord,
881, 10110100)
1) For lake frontage lots,a twenty(20)foot setback to the public right-of-m ayls required furan
accessory structure(garage or storage shed).(Ref.Ord.773,1/10/89;981, 10/'40100)
2) For lots with a rear slay,a twenty(20)foot setback to the pubic dgM-cf-way Is required for
an accessory structure(garage)If the garage door faces the alley. (Ref.Orad.00-10-981,
10/10/00)
1302.030.2
69 of 86
Page 61 of 68
11302.030 ZONING CODE 11302.030
3) For lots with a rear alley,a five(5)foot setback to the public right-of-vary Is requite for an
accessory structure(garage)if the garage door faces into the yard.(Ref.Orad.00-10-981,
10110100)
4) For lots with a rear alley,a five(5)foot setback to the public right-of-way is required for a
storage shed. (Ref.Ord.00-10-981, 10110100)
i) Up to two(2)accessory structures are permitted for each single or two familydwetlang unt,the first
being a primary accessory structure(an attached or detached residential garage)and the second
being a secondary accessory structure subject to the following conditions: (Ref. Ord. 996,
12/13/94, 10-1-1062, 1/12110)
1) Primary Accessory S c9ures(Ret. Orad. 10-1-1062, 1/12110)
a) Attached residential garaue(s)shall not exceed one(1) story or the height of the
principal structure. The maximum gross floor area shall not exceed 100%of the first
floorarea of the dwelling unit or 1,000 square feet,whichever is more restrictive.
b) Detached residential garages shell notexceed fifteen(15)feet in heightas measured
to the mean of the roolline,or the height of the principal structure,whichever is more
restrictive. The maximum gross floor area shall not exceed 100%of the first floor
area of the principal structure or 1,000 square feet, whichever is more restrictive.
Only one detached garage shall be perniMed on any single or two family lot. (Ref.
Ord 915, 12113194,00-10.981, 10110100)
2) Secondary&&REan aNctures.(Ref.Ord, 00-10-981, 10/10100, 10-1-1062. 1112/10)
a. Storage sheds(120 square feet or less)shall be measured from the ground grade
to the top of the roof and shall not exceed twelve(12)feet in height.(Rei:Ord 813,
12113194;00-104981, 10110100)
b. Lots containing attached garages:Through an administrative verlanos,pursuant to
Section 1301.050,Subd.6-7 of this Code,a second accessorystruc Lure no greater
than six hundred twenty-five(625)square feet,but not exceeding tan(10)percent
of the existing rearyard is allowed,provided that the combined squem footage of a
second accessory structure and an attached garage for lots having 10,600 square
feet or less shall not exceed one thousand (1,000)square feet or 100 pert errt of
the first floor area of the principal structure,whichever is more restrictive.For lots
greater than 10,300 square filet, the combined square floatage of a second
accessory structure aad an attached garage shall not exceed one thousmid two
hundred fifty (1,250) square feet or 100 percent of the first floor area of the
principal structure,whichever is more restrictive. Second accessory structures of
120 square feet (storage shed) or less are allowed without an administrative
variance and must comply with the combined square fbotages mentioned above.
(Ref. Ori 915, 12113/94; 00-10-981, 10110/00;888, 11/12/02)
1302.030.3
70 of 86
Page 62 of 68
91302.030 ZONING CODE 11302.030
C. Lots containing detached garages:Limited to a.second accessory structure of 120
square feet(storage shed)or less without an administrative variance. Through an
administrative variance.pursuant to Section 1301.060, Subd.6-7 of this Code, a
second accessorystructure no greater than two hundred(200)square feet,but nat
exceeding ten (90) percent of the existing rear yard Is allowed. Elther way,the
combined square footage of these accessory structures for lots having 10,500
square feet or less shall not exceed one thousand (1,000) square feet or 100
percent of the firat flooraree of the principal structure,whichever Is more restrictive.
For lots greater than 10,500 square feet,the combined square footage of these
accessory structures shall not axoaed one thousand two hundred fitly (1,280)
square feet or 100 percent of the first floor area of the principal struoture,
whichever Is more restrictive.(Ref.Ord 915,12/13/94;00-10.981.10/10100;1"1-
2007, 1/12116)
d. One recreational or water-oriented accessory structure(other than a lock box)not
exceeding frlleen(15)feet in height and two hundred fifty(250)square feat in size
shall be permitted. This structure shall be set back at least five (5)feet from the
rear property line,and shall maintain the some side yard setback as required for
the principal structures.(Ref.Ord. 10-1-1062, 1/12110)
e. For properties less than 10,000 square feet In size,no combination of accessory
bulkNngs or uses per single or two-famlly home shall cover move than 35%percent
of the available rear yard, or no more than 42%with an administrative variance
pursuant to Section 1301.060, Subd. 6-7 of this Cade. For properties 10,000
square feet in size or greater,no combination of accessory buildings or uses per
single or two-family home shall cover more than 25%of the available rear yard,or
no more than 33% through an administrative variance, pursuant to Section
1301.060, Subd. 6-7 of this Code. (Ref. Ord. 10-1-1062, 1!12110; 16-01-2008,
1112116)
f. A site plan and permit shall be required for all decks, lock boxes and 16or all
accessory structures used as tool and storage sheds and similar uses. A fee of
thirty ($30.00) dollars shall be required. (Ref. Ord. 00-10-81, 10110100, 1015,
1/13104, 10-1-1062. 1112110)
3) All single farrrlly dwellings hereafter erected on lots of 10,500 square:feet or greater or
those lots resulting from a subdivision enacted atter January 1, 1989 shall have a double
garage.All existing double car garages for single family dwellings an lots of the same shall
be retained. All single family dweitings on lots having an area less than 10.500 square feet
shall have a single car garage. All existing single car garages for single family dwellings
on lots of the some shall be retained. All two family dwellings hereafthr erected shag have
at least a singlet car garage per unik All existing two family dwellings which provide a
single car garage per unit shag retain said garage. (Ref Ord.No.604,3/14/90)
t') All accessory buildings over 120 square feet In size shall require a concrete foundation or concrete
slab,except for permitted temporary health care dwelling units per Section 1302.125. In Neu of
concrete foundation or concrete slab as specified above, accessory buildings of one hundred
twerdy(120)square feet or less shall have adequate anchorage of the walls to the ground as
approved by the Building Official to provide resistanoe to overturning,uplift or sliding.(Ref.Ord.
10-14062, 1112/10. 16-10-2019. 10/11/16)
k) No accessory uses or equipment such as air conditioning cooling structures or condensers which
generate noise may be located in a front yard except for townhome units which have no yards
1302.030A
71 of 86
Page 63 of 68
11302.030 ZONING CODE 61302.030
other than front yards or secondary front yards abutting streets where equipment Is fully screened
front view. (Ref.Ord.No.848, 07109191;996, 11/12182;12-06-1080,06M2112)
1) No accessory buildings in an apartment, muitwfsmily ortownbome development shall exceed the
height of the principal building. (Ref. Ord.915, 12113!94, 10-1-1062, 1112110)
m) Accessory buildings in the commercial and industrial districts shall maintain the building setbacks
required for the principal building and shall be located to the rear of the principal building,subject
to the building code and fire regulations. (Ret.Ord.915, 17113194)
n) Houseboats and buildings used as shelters during open water months from which to fish are
considered accessory structures for purposes of this ordinance. AN houseboats dry-docked
outside of a marina area for a period of thirty(30)days or more shall be considered an accessory
building. No houseboat shall be used as a permanent residence. (Ref.Ord.915, 12113/94)
o) Ice fishing houses stored on parcels of land during summer months shall be considered as an
accessory storage building equivalent to a storage shed. Ica fishing houses shall meet al existing
setback and slw limitations of this ordinance. (Ref.Ord.915, 12113194)
P) It shall be the responsibility of the property owner to ensure that: (Ref.Ord. 913, 12/13194)
1) Every exterior wall, foundation and roof of any accessory building or structure shall be
reasonably watertight,weather tight and rodent proof and shall be kept in a good state of
maintenance and repair. Exterior walls shallbe maintained free from extensive dilapidation
due to cracks,tears or breaks of deteriorated plaster,stucco,brick,wood or other material.
2) All exterior wood surfaces other than decay resistant woods,shall be protected from the
elements and decay by painting or other protective covering or treatrrant. A protective
surface of an accessory building or stricture shall be deemed to be out of repair if more
than twenty6five(25)percent of the exterior surface area Is unpainted or paint blistered the
surface shall be painted. If twenty*n(25)percent or more of the exterior surface of the
pointing of any brick block or stone wall Is loose or has fallen out,the surface shall be
repaired. (Ref.Ord.No.645,e/11/91)
Subd. 5.DMInage.
a) No land shall be developed and no use shall be permitted that results In additional wester runoff,
causing flooding or erosion on adjacent pi rtles.Such runoff shall be properly channeled into a
storm drain,water course,ponding area,or other public fadW AN new developrnerrts shall provide
for curbs and gutters along public streets.All site plans shall be designed In accordance to the
City's Engineering Design Standards and be reviewed and subject to the approval of the City
Engineer relative to storm water runoff, based on the following fees (Ref. Ord. No. 15-05-2000,
5112115).
1) Review of new grading and/or drainage plans for parcels of a half acre in size or greater shall
be subject to an Engineering review fee of two hundred and fifty ($250) dollars.
(Ref.Ord.08-01-1047, 7/8108)
2) Review of amendments to existing grading and/or drainage plans and new grading1drainage
plan for parcels less than a half acre in size shall be subject to an Engineering review fee of
seventy-five($75)dollars. (Ref.Ord. 08-01-1047, 116108)
3) Grading plans for Individual single familyparcels shall be excemptfr om Engineering fees.(Ref.
1302.030.5
72 of 86
Page 64 of 68
City of Woodbury
Accessory Building Requirements
DIVISION 2. -ACCESSORY BUILDINGS, GARAGES, RECREATIONAL
FACILITY AND MISCELLANEOUS STRUCTURES
• Sec. 24-280. -Generally.
(a)
This section applies in all districts.
(b)
No accessory structure or use shall be constructed or developed on a lot prior to construction
of the principal building.
(Ord. No. 1863, § 1863.02, 10-24-2012)
• Sec. 24-281. - Residential districts.
(a)
Detached garages and accessory buildings.
(1)
Shall be setback at least five feet from the side and rear property lines. Exception. On a
comer lot, buildings with doors seven foot or wider facing the side street shall meet the
side yard setback for the zoning district.
(2)
Shall not be placed on drainage, utility or other easements.
(3)
Shall not be located in front of the principal building. Exception: Buildings may be
located in front of the principal building in the R-1 and R-2 districts, providing the
minimum front ward setback to the accessory building is 100 feet.
(4)
Shall not have a wall height exceeding 12 feet in height.
(5)
Shall not be more than one story in height.
(6)
Shall not have doors that exceed ten feet in height.
(7)
Shall not occupy more than 25 percent of the rear yard.
(8)
Cloth, canvass, plastic sheets and tarps and similar materials,corrugated roofing or
siding are not allowed as primary materials on accessory buildings,except on
greenhouses, on accessory buildings in the R-1, urban reserve district, and on
agricultural buildings as defined by Minnesota Statutes.
73 of 86
Page 65 of 68
(b)
Accessory building size and number allowed.
Zoning District Number Maximum Size
R-1,Urban Reserve,lot less than 5 acres 1 1,000 square feet
R-1,Urban Reserve,lot 5 acres or more 2 2,000 square feet combined
R-2, Rural Estate 1 1,000 square feet
R-4,Urban Residential 1 400 square feet
(c}
Garages.
(1)
Each lot is allowed one garage, attached or detached.
(2)
Attached garages shall be not more than 1,000 square feet or 50 percent of the main
floor area of the principal building, up to 2,000 square fleet, whichever is greater.
(3)
Setbacks for garages shall be according to the zoning district regulations.
(d)
Miscellaneous sfructures.
(1)
Swing sets, sandboxes, play structures, dog kennels, satellite dishes and similar
structures shall not be located closer than five feet from the side or rear property lines,
and shall not be located within the front yard setback.
(2)
Basketball hoops, hockey nets, and similar items may not be located on a public street.
(3)
Concrete slabs shall not be located closer than five feet from the side or rear property
lines but may be located within the front yard setback.
(e)
Recreational facifify.
(1)
Shall be set back at least five feet from the side and ten feet from the rear property lines.
74 of 86
Page 66 of 68
(2)
Shall not be placed on drainage, utility or other easements.
(3)
Shall not be located in front of the principal structure. However, a recreation facility may
be located in front of the principal building in the R-1 and R-2 districts, providing the
minimum front yard setback to the primary building is 100 feet.
(4)
A chain link or non-opaque fence not exceeding ten feet in height shall be allowed to
enclose a recreational facility containing concrete, asphalt or similar material. If such
fence is used it shall be set back at least five feet from the side and ten feet from the
rear property lines and may not be placed in front of the principal structure.
(Ord. No. 1863, § 1863.02, 10-24-2012)
• Sec. 24-282. -Nonresidential districts.
(a)
One accessory building is allowed. Exception: Picnic shelters,gazebos and similar structures
may be allowed as additional accessory structures.
(b)
The maximum floor area allowed is 1,000 square feet or up to ten percent of the floor area of
the primary structure In accordance with section 24-123(c). Exception: Size may be increased
with a conditional use permit.
(c)
Exterior finish shall be of materials matching the principal structure in color and texture.
(d)
Architectural design must be similar to the principal structure.
(e)
Location of the accessory structure shall be approved by the zoning administrator and shall
meet the following standards:
(1)
The location shall have minimal negative impact on the site and adjacent properties and
be outside any easement or drainage areas.
(2)
The location shall meet the following minimum setbacks:
a.
Front setback:50 feet.
b.
Rear setback:Ten feet.
C.
Side setback:Ten feet.
d.
Adjacent residential use: 30 feet.
e.
From any public right-of-way: 50 feet.
75 of 86
Page 67 of 68
(f)
Accessory structures shall not exceed the height of the principal structure. Exception: Height
may be increased with a conditional use permit.
(Ord. No. 1863, § 1863.02, 10-24-2012)
• Sec. 24-283. - Height limitation and setbacks for certain accessory structures.
(a)
Accessory structures such as antennas or other similar structures, other than those identified
in section 24-314, shall be limited to 45 feet in height in all districts.Such structures shall be
so constructed as to have a minimum setback equal to the height of the structure.
(b)
Except for the R-4, urban residential district, flagpoles shall be limited to 45 feet in height and
have a minimum setback equal to the height of the structure
(c)
In the R-4, urban residential district,flagpoles shall be limited to 25 feet in height. No more
than three flagpoles shall be allowed on a single lot. Flagpoles shall have a minimum five-foot
setback from side and rear property lines. No minimum setback is required from the front
property line or side property line on a corner lot adjacent to a public street. Flagpoles may be
permitted in public drainage and utility easements provided that there is no interference with
the underlying purpose of the easement.Any flagpole placed within an easement that
impedes the access of or intended use of that easement may be removed by the city or the
city's representative at the owner's expense
76 of 86
Page 68 of 68