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HomeMy WebLinkAbout2017-09-06 TPC Memorandum ENCLOSURE TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.42 7.0520 TPC@ Plan ni ngCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: September 6, 2017 RE: Oak Park Heights — Accessory Building Amendments — Planning Commission TPC FILE: 236.01 — 17.02 BACKGROUND The City Council, its May 9, 2017 meeting, authorized Staff to review Section 401.15.D. Accessory Buildings and Section 401.15.C.8 Building Type and Construction of the Zoning Ordinance as it relates to accessory building 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. At their August 10, 2017 meeting, the Planning Commission reviewed the issues and provided direction to Staff on the accessory building regulations. They directed Staff to schedule a public hearing for the September 14, 2017 meeting. A public hearing by the Planning Commission is required to amend the Zoning Ordinance. EXHIBITS Please find as follows the Exhibit for your consideration on this matter: Exhibit 1: Section 401.15.D. Revised Oak Park Heights Accessory Building Regulations. ANALYSIS Discussion Points The focus of this review is 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: The Planning Commission recommended that the maximum height of an accessory structure should not be more than 20 feet. Note that the building height would be to the parapet of a flat roof building and to the midpoint of the roof of a gable or hip roof building. They also recommended that the height not exceed an existing principal structure. 2. Size: There are two Sections, 6 and 9 that regulate size of structures. As to size in Section 6, the Planning Commission asked Staff to discuss with the Julie Hultman, the Building Official, what method would be easier for implementation and enforcement; establishing the maximum size of accessory buildings by a square foot amount or by a percentage of the lot area. For instance, the ordinance could simply say the accessory building size shall not exceed 1,200 square feet. Or it could say it shall not exceed 30 percent of the lot area. Ms. Hultman indicated that establishing a maximum size number such as 1,200 square feet would be the easiest method. Section 9, that provides a limit of 30 percent of the gross floor area of principal buildings, should be eliminated if the Planning Commission recommends a maximum size at 1,200 square feet. 3. Fabric Carports and Shelters: The Planning Commission discussed whether fabric carports and shelters, should be allowed. 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 recommendation of the Planning Commission was to allow temporary accessory buildings such as fabric carports and shelters as a special event for a maximum of 50 days in a calendar year. The rational was that people sometimes need temporary storage, especially during construction on the lot. The provision already applies to commercial and industrial districts, mostly for tents or signage. The temporary structure would require a special event permit, issued by the City and would be subject to the following conditions: a. The structure shall be securely fastened to the ground, subject to the safety requirements specified by the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. c. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the permittee shall have forfeited 2 any rights to the structure and the City shall have the right to remove the structure at the permittee's expense. A definition of temporary structure should also be included in Section 401.02.8. A suggested definition is as follows: Temporary Structure: Any structure that is designed, constructed and intended to be used on a short-term basis. Revised Ordinance: Deleted language is struck, new language is in bold. Section 401.15.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. 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 Ordinance. 3. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet twenty (20) feet in height or exceed the height of the principal structure on the lot. Accessory buildings 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 buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. • approval of tho 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. 4. 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. 3 5. 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 401.03 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) one thousand two hundred (1,200) 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. 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. 8. 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.D.13 of this Ordinance. • _ .. . . • principal buildings. In those cases where the standards are exceeded, a conditional use permit as provided for in Section 101.03 and Section 401.15.D.13 of this Ordinance. 9. 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 equipment is fully screened from view. 10. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building except as allowed as a temporary structure in Section 401.15.D. 11. of this Ordinance. All accessory buildings shall 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 difference to a degree to cause incongruity. 4 b. A depreciation of neighborhood values or adjacent property values. c. A nuisance. Types of nuisance characteristics include unsightly building exterior. 11. Temporary Accessory Structures. Temporary accessory structures shall be allowed in all zoning districts with the issuance of a special event permit for a maximum of 50 days in a calendar year subject to the following: a. The structure shall be securely fastened to the ground, subject to the safety requirements specified by the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. c. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the permittee shall have forfeited any rights to the structure and the City shall have the right to remove the structure at the permittee's expense. 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: 8. Building Type and Construction. a. General Provisions. 25 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. 25 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. 5 25 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. 25 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.D of this Ordinance except as allowed for temporary accessory structures specified in Section 401.15.D.11. b. Exterior Building Finishes — Residential: The primary exterior building façade 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. 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. 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. 6 Conclusion/Recommendations The Planning Commission should review the draft regulations and provide direction to Staff on any revisions. The Planning Commission should open the public hearing and receive any comments. 7 601 SECTION 401.02.13 DEFINITIONS Add the following definition: Temporary Structure: Any structure that is designed, constructed and intended to be used on a short-term basis. SECTION 401.15.D. ACCESSORY BUILDINGS, USES AND EQUIPMENT Revised language: 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. 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 Ordinance. 3. Height/Setbacks. Accessory buildings shall not exceed twenty (20) feet in height or exceed the height of the principal structure on the lot. Accessory buildings 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 buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. 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. 4. 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. 5. 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 401.03 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. From City Ordinance 401 (as amended August 23, 2011) 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand two hundred (1,200) 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. 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. 8. 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.D.13 of this Ordinance. 9. 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 equipment is fully screened from view. 10. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building except as allowed as a temporary structure in Section 401.15.D. 11. of this Ordinance. All accessory buildings shall 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 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. 11. Temporary Accessory Structures. Temporary accessory structures shall be allowed in all zoning districts with the issuance of a special event permit for a maximum of 50 days in a calendar year subject to the following: a. The structure shall be securely fastened to the ground, subject to the safety requirements of the manufacturer. b. The structure shall be kept in good condition and its appearance shall not be detrimental to the area or adjacent properties. From City Ordinance 401 (as amended August 23, 2011) c. The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. d. The temporary structure shall be removed at the end of the permit period. If not removed within 10 days thereafter, the permittee shall have forfeited any rights to the structure and the City shall have the right to remove the structure at the permittee's expense. SECTION 401.15.C.8 BUILDING TYPE AND CONSTRUCTION Section 401.15.C.8 of the Ordinance also restricts the types of building materials and construction types for structures. That section is as follows: 8. Building Type and Construction. a. General Provisions. 25 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. 25 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. 25 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. From City Ordinance 401 (as amended August 23, 2011) 25 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.D of this Ordinance except as allowed for temporary accessory structures specified in Section 401.15.D.11. 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. 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. 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. • From City Ordinance 401 (as amended August 23, 2011)