Introduce Ordinance #15-06 to Amend City Code Sections 117-111 (R-1 Residential District) and 117-349 (Accessory Uses and Buildings)

On January 24th of this year, the 2015 Minnesota State Building Code (MSBC) went into effect. There were several code changes that occurred with the 2015 MSBC that are prompting this proposed Ordinance Amendment. Specifically, the thresholds triggering a building permit for detached accessory buildings and fences have increased and thus, the standards within Zoning Code need to be updated to ensure that there is not contradictory language between the two codes. The proposed amendments are to City Code Sections 117-111 (R-1 Residential District) and 117-349 (Accessory Uses and Buildings).

The Public Hearing was published in the Anoka County UnionHerald.

Presently, City Code states that all detached accessory buildings greater than 120 square feet in floor area require a building permit, which aligned with the standards of the 2007 MSBC (the edition in effect prior to January 24, 2015). Also, City Code states that all fences greater than six (6) feet in height require a building permit. Additionally, City Code states that all detached accessory buildings 120 square feet or less in floor area and all fences six (6) feet or less in height require a zoning permit. The 2015 MSBC, however, now requires a building permit for detached accessory buildings greater than 200 square feet in floor area and fences over seven (7) feet in height.

The proposed Ordinance Amendment focuses primarily on updating Zoning Code language to reflect the new thresholds in the 2015 MSBC. It clarifies that detached accessory buildings and fences not addressed by MSBC require a zoning permit. This language was preferred over specific heights or square footages to avoid the need for future amendments if the thresholds in the MSBC are revised in the future.

It should be noted that currently, City Code allows for prefabricated plastic storage containers that are 120 square feet or less in size. As drafted, prefabricated plastic storage sheds would still be permissible as long as they don't exceed the threshold triggering the requirement of a building permit. Staff has researched these products and has found several offerings that are larger than 120 square feet but generally less than 200 square feet (pictures of various examples are attached to the case). Staff sought specific feedback from the Planning Commission regarding these 'larger' plastic storage sheds and their recommendation was to allow them up to 200 square feet (below the threshold for MSBC compliance).

The proposed Ordinance Amendment also would eliminate the requirement for a driveway to service any detached accessory building with a doorway opening of eight (8) feet wide by seven (7) feet tall or greater (essentially the equivalent of a single stall garage door). Staff has received quite a bit of feedback, mostly negative, regarding this requirement. The intention was to help reinforce off-street parking standards (vehicles being stored/parked on a prepared surface). However, this can add a substantial cost to a project for an improvement (driveway) that typically would not be accessed or utilized on a regular basis. Furthermore, it has the effect of requiring additional impervious surfacing on a lot, which increases stormwater runoff while simultaneously reducing infiltration on a property. It is worth noting that the driveway requirement remains applicable for attached garages (or additions thereto) because they generally serve as the primary garage for a property and are regularly accessed.

Finally, there are a couple of clarifications and/or housekeeping items that are being addressed with this Ordinance Amendment. Currently, attached garages are counted toward the total number of accessory buildings allowed on a property. With this Ordinance Amendment, attached garages would be excluded from the calculation of total number of accessory buildings on a property as appears to have been the intent after reviewing the public hearing minutes from 2011. The other housekeeping item addressed is clarifying that only those detached accessory buildings addressed by MSBC are subject to the architectural standards requirement including soffit, fascia, and eave overhangs to match the home.

The Planning Commission conducted a Public Hearing at their March 5, 2015 meeting and there were no written or verbal comments received regarding the proposed Ordinance Amendment.  The Planning Commission requested the Ordinance Amendment be revised slightly to clarify that a driveway would be required if a detached accessory building were to serve as the primary garage.  Staff has updated the draft Ordinance Amendment to incorporate this clarification.

This ordinance is being prepared as part of normal Staff duties.

The Planning Commission recommends that City Council adopt Ordinance #15-06.

Motion to introduce Ordinance #15-06.