Adopt Ordinance #20-09: Revisions to Section 117-349 related to Accessory Uses and Structures

The purpose of this case is for the City Council to review proposed updates to the Accessory Uses section of the City's ordinances.  Proposed updates have been drafted by Staff based on experience in implementing the current ordinance and feedback provided to Staff by city residents applying for various permits related to accessory uses on their property.  The Planning Commission considered this proposed ordinance amendment at their meeting on July 9, 2020.  The planning commission voted unanimously to forward the ordinance as drafted to the City Council.

The City Council introduced this ordinance at its meeting on July 28, 2020 and it is now available for adoption.

Staff published the Notice of Public Hearing in the Anoka County UnionHerald.  The public hearing was not specific to a single address and as a result individual mailers regarding this public hearing have not been sent to individual residences.

Observations
City Staff have been tracking areas of the City's zoning ordinance which require review and consideration for updating.  One of those sections is the Accessory Uses portion of the zoning ordinance (Section 117-349).  This sections outlines standards for uses such as decks, sheds, pools, and driveways. Each year City Staff receive dozens of permits related to these types of property improvements and as a result the current ordinance has been thoroughly tested by both Staff and residents in its current form and Staff have identified a number of areas within the current ordinance that are recommended to be updated. The updates that are proposed are meant to reduce redundancies as well as react to common resident requests related to the ordinance itself.  Staff has attached the draft ordinance that was reviewed by the Planning Commission and is now ready for review by the City Council. Staff will walk through each of the proposed revisions with the City Council and members of the public in attendance.

Proposed Revision Summary

• Relocation of language regarding pools.  Currently ordinance language related to pools is in three different locations within the ordinance.  Staff is proposing to condense that information under the accessory uses section 117-349.
• Removal of the requirement that property owners site accessory buildings in a location that would still allow for future re-subdivison of the property. 
• Revising the process for a resident to request a taller accessory building from a variance request to a conditional use permit.  A variance carries with it certain statutory requirements whereas a conditional use permit requirements are specific to the City.
• Removal of language related to accessory building architectural requirements if the building is in the front yard.  Staff has found requiring three of the four (minimum of three complimentary colors, minimum 35% brick on street facing side, one hundred percent vegetative screening agreement recorded against the property, and 10% window coverage on street facing and common property lines) to be unrealistic when administering the code. City staff have revised the code to buildings in the front yard requiring that the exterior material match the principal building which achieves the original intent of that part of the ordinance that is proposed to be deleted.
• Combining the accessory building size restricts table into a single table.  Currently there are two tables, one each for the R-1 Rural Developing and the R-1 MUSA, however both tables have the same information. 

Alternatives
Alternative 1: Adopt Ordinance #20-09 as presented and introduced previously by the City Council.  Staff supports this alternative.

Alternative 2:  Table Adoption of Ordinance #20-09 and provide staff with specific direction on revisions to the proposed ordinance. 

Staff is handling this case as part of their regularly scheduled duties.

Staff recommends that the City Council adopt Ordinance #20-09.

Motion to adopt Ordinance #20-09 amending City Code section 117-349 related to Accessory Uses.

Roll Call Vote

Council Member Musgrove
Council Member Specht
Council Member Kuzma
Council Member Menth
Council Member Riley
Mayor LeTourneau