Adopt Ordinance 20-10 Amending Bulk Standards in the R-1 Residential District

The purpose of this case is for the City Council to review proposed updates to the bulk standards within the R-1 Residential zoning district. Proposed updates are related to side yard setbacks and 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 impacted by side yard setbacks.

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

Notification is not required for this case and has not been provided. 

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 bulk standards within the R-1 Residential zoning district (Section 117-111). This sections outlines standards for uses and dimensional/bulk standards for properties within that specific zoning district.

Staff is proposing to remove the distinction between "habitable" (dwelling) and "uninhabitable" (garage) space as it relates to the side yard setback. City Staff are recommending the removal of this distinction to increase clarity of the ordinance and provide clear direction to situations where having separate setbacks becomes burdensome.
 

	Current	Proposed
Habitable (Dwelling)	10 feet	6 feet
Uninhabitable (Garage)	6 feet	6 feet

A specific example would be living area constructed over a garage (City Staff is not referring to accessory dwellings). Currently the ordinance would require two different setbacks for that side of the structure as the garage would be deemed uninhabitable and the overhead living space habitable. City Staff have reviewed neighboring city ordinances and not found this distinction between habitable and uninhabitable setbacks to be a common practice. Staff has attached the draft ordinance for review by the Planning Commission. Staff will walk through the proposed revisions with the Planning Commission and members of the public in attendance.

Alternatives
Alternative 1: City Council adopt Ordinance #20-10 revising City Code Section 117-111 related to side yard setback bulk standards within the R-1 Residential zoning district. Staff supports this alternative.

Alternative 2: Table Ordinance #20-10 for further revision by City Staff based on feedback and direction by the City Council. Staff also supports this alternative with specific feedback from the City Council for desired revisions to the draft ordinance.

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

The Planning Commission and Staff recommends adoption of Ordinance #20-10 amending the bulk standards in the R-1 Residential District.  The City Council previously introduced Ordinance #20-10 and it is now available for adoption.

Motion to adopt Ordinance #20-10 amending City Code section 117-111 related to side yard setbacks within the R-1 Residential District and waiving the charter requirement that the Ordinance be read aloud.

Roll Call Vote:

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