Introduce Ordinance #15-08 Amending City Code Section 117-355 Entitled Residential Off-Street Parking

City Code Section 117-355 (Residential Development Off-Street Parking) currently outlines permissible locations for parking motor vehicles and equipment on residential lots. There are different standards for lots less than two (2) acres in size then there are for lots two (2) acres or larger in size. The purpose of this proposed amendment is to consider a standardized setback for parking motor vehicles and/or equipment in the side and rear yard of residential lots, regardless of their size.

The Public Hearing was published in the Anoka County UnionHerald.

Presently, on residential properties less than two (2) acres in size, City Code requires that all motor vehicles and equipment parked in the side and rear yards be closer to the principal structure than the property boundary. The intent was to try and limit visibility of stored vehicles/equipment from adjacent properties. In theory this seemed reasonable, however, application of this standard has proven to be impractical and hasn't necessarily accomplished the intended goal.

On residential properties that are two (2) acres or greater in size, motor vehicles and equipment parked in the side or rear yard of a property are required to be at least fifteen (15) feet from the property boundary. This provision was simply to ensure that items were not parked right along a property boundary.

The proposed amendment would simplify the off-street parking standards regarding where items (motor vehicles and equipment) can be parked on a residential lot by establishing a base setback of five (5) feet from side and rear property lines regardless of property size. This is compatible with the current setback requirement for driveways, which is applicable regardless of property size and residential zoning district. Under current regulations, a motor vehicle parked on a lawful driveway in the side or rear yard of a property could still be in violation of the off-street parking ordinance if the vehicle was either closer to the property line than the home (in the MUSA District) or within fifteen (15) feet of the side/rear property line (Rural Developing District). The proposed amendment would eliminate this contradiction.

Ideally, additional parking area would be accommodated along the side of a garage. However, attached and detached accessory buildings must maintain a minimum setback of at least six (6) feet (MUSA District) or ten (10) feet (Rural Developing District), oftentimes resulting in insufficient space to accommodate a driveway extension that meets the driveway setback and that does not encroach within a drainage and utility easement. While the proposed amendment wouldn't solve this, it does not result in additional obstacles for individuals trying to accommodate off-street parking needs.

The Planning Commission conducted a Public Hearing at their April 9, 2015 meeting and there were no written or verbal comments received.

Alternatives

Option 1: Adopt Ordinance #15-08 amending the off-street parking regulations by establishing a consistent setback of five (5) feet for parking motor vehicles and equipment on residential properties, regardless of lot size. This simplifies off-street parking provisions by eliminating different standards based on lot size. The requirement that motor vehicles and equipment be stored closer to the principal structure than the lot line has proven impractical when applied in the field and has not necessarily achieved its intended goal. Furthermore, the amendment still ensures that items are not parked right along a property boundary, consistent with setback standards for driveways. Staff supports this option.

Option 2: Do not adopt Ordinance #15-08. If the amendment were not adopted, off-street parking standards would remain as is, including different provisions based on lot size. While Staff is not aware of any noted issues with a fifteen (15) foot setback (other than it being three [3] times the setback of a driveway), there have been concerns raised regarding parking items closer to the principal structure than the lot line. From an enforcement perspective, this has not been practical nor has it seemed to achieve its intended purpose of limiting the view of items from adjacent properties. Staff does not support this option.

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

The Planning Commission recommends adopting Ordinance #15-08.

Motion to introduce Ordinance #15-08.