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Home My WebLink About2018-06-26 CC Meeting Packet Enclosure Oak Park Heights Request for Council Action Meeting Date June 26th,2018 Time Required: 1 Minute Agenda Item Title: Adopt Amendments to City Ord.401.15.D.11 for Accessory Structures adding Subsection E.and as ou..'.ed in the proposed Ordinance Agenda Placement Consent Agenda Originating Department/Requestor .i:6., Administrator Requester's Signature Action Requested Adopt Amendmen.to City Ord.401.15.D.11 for Accessory Structures adding Subsectio•E.and as outlined in the proposed Ordinance Background/Justification(Please•. cate if any previous action has been taken or if other public bodies have advised): Please see the following: 1. Memo from Scott Richards,City Planner dated 6/20/18 2. Approved Resolution from the Planning Commission—Unsigned 3. Proposed Ordinance Amendment. Page 27 of 146 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PIanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: June 20, 2018 RE: Oak Park Heights — Accessory Building Amendments — Temporary Structures TPC FILE: 236.01 — 18.02 BACKGROUND The City Council, its May 22, 2018 meeting and at a previous workshop, discussed amending the accessory building section of the Zoning Ordinance as it relates to temporary structures. As you are aware, the City Council amended Section 401.15.0.11 in October of 2017 to allow temporary accessory structures with the issuance of a special use permit for a maximum of 50 days in a calendar year. Since then it has been recognized that there is a need to allow additional time for placement of these structures. Typically, they are a fabric or tarp structure and are not placed on a permanent foundation. The City Council was favorable to the following language addition found in (e) below and asked the Planning Commission to consider this issue. At their June 14, 2018 meeting, the Planning Commission held a public hearing and recommended the language as follows. 401.15.D Accessory Buildings Uses and Equipment 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. Page 28 of 146 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 City shall have the right to remove the structure at the permittee's expense. e. Temporary structures may be permitted for up to 24 (twenty-four) continuous months in the R-1 and R-2 Residential Districts with City Council approval of an Interim Use Permit as provided for in Section 401.05. The application fee for an interim Use Permit for the purposes found in subsection (e) shall not exceed $100.00. The value of this amendment would: • Permit the structure for up to two years. • Provide an opportunity for neighborhood comment with a Planning Commission public hearing. • Allow a process should the structure fall into disrepair. • Limits the application fee to $100.00 which will ensure that those applying for a temporary structure are committed to the process. Conclusion/Recommendations The City Council should review and act on the amending ordinance as attached. 2 Page 29 of 146 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO THE ACCESSORY BUILDING REGULATIONS AS IT RELATES TO TEMPORARY STRUCTURES WHEREAS,the City Council of the City of Oak Park Heights requested that the Planning Commission consider Ordinance amendments to the accessory building regulations as it relates to time allowances for temporary structures in Section 401.15.D Accessory Buildings, Uses and Equipment. The Planning Commission of Oak Park Heights makes the following findings of fact: 1. The City Council,at its May 22,2018 meeting,determined that the Planning Commission should review the Accessory Buildings,Uses and Equipment sections of the Zoning Ordinance; and 2. The Planning Commission held the public hearing at their June 14,2018 meeting and recommended amendments to Section 401.15.D Accessory Buildings,Uses and Equipment of the Zoning Ordinance related to the length of time temporary structures can be permitted in the R-1 and R-2 Residential Districts;and 3. The Planning Commission makes the following recommendation: NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. Section 401.15.D.11 Accessory Buildings,Uses and Equipment of the Zoning Ordinance is amended to add the following: e. Temporary structures may be permitted for up to 24(twenty-four) continuous months in the R-1 and R-2 Residential Districts with City Council approval of an Interim Use Permit as provided for in Section 401.05. The application fee for an Interim Use Permit for the purposes found in subsection(e)shall not exceed$100.00. B. Copies of the recommended Zoning Ordinance amendments are on file at City Hall. Page 30 of 146 Recommended by the Planning Commission of the City of Oak Park Heights this 14th day of June 2018. Tim Freeman,Chair Al-MST: Eric A.Johnson,City Administrator 2 Page 31 of 146 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2018 - AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE AS IT RELATES TO THE ACCESSORY BUILDING REGULATIONS FOR TEMPORARY STRUCTURES IN SECTION 401 .15.D ACCESSORY BUILDINGS, USES AND EQUIPMENT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401 .15.D.11 . Accessory Buildings, Uses and Equipment, is amended to read as follows: 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. 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 City shall have the right to remove the structure at the permittee's expense. e. Temporary structures may be permitted for up to 24 (twenty-four) continuous months in the R-1 and R-2 Residential Districts with City Council approval of an Interim Use Permit as provided for in Section 401 .05. The application fee for an Interim Use Permit for the purposes found in subsection (e) shall not exceed $100.00. SECTION 2. The Planning Commission of the City of Oak Park Heights held a public hearing at their June 14, 2018 meeting, took comments from the public, and recommended that the City Council approve amendments to the accessory building regulations as it relates to temporary structures in Section 401 .15.D Accessory Buildings, Uses and Equipment. Page 32 of 146 SECTION 3. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 26th day of June 2018 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber,Mayor ATTEST: Eric A.Johnson,City Administrator Page 33 of 146