PUBLIC HEARING: Consider an Amendment to Chapter 106 (Zoning Code) Pertaining to the Maximum Front Yard Setback for the R-1A, R-1B, and R-1C Districts

At the February Planning Commission meeting, during the Public Hearing for the Minor Plat known as Serenity at Rivers Edge, there was discussion about the maximum front yard setback in the R-1A, R-1B, and R-1C zoning districts.  The consensus of the Planning Commission was to explore options to address the proposed locations of the two (2) house pads within the plat.  Initial discussion focused on the potential of a variance to deviate from both the maximum allowed front yard setback and the prevailing setback pattern of adjacent homes.  After some discussion and consideration, it was determined that an ordinance amendment may be the most practical way to address this matter.  Thus, the purpose of this case is to consider an amendment to Chapter 106 (Zoning Code), Article IV (Residential Districts), Section 106-430 (Bulk Standards), that exempts riparian properties in the Mississippi River Corridor Critical Area (MRCCA) Overlay District, the Scenic River Protection Overlay District (Rum River), and the Shoreland Overlay District from the maximum front yard setback standard.

A public hearing notice was placed in the Legal section of the Anoka Union Herald newspaper.  

Part of the allure of purchasing property on a river or a lake is being close enough to be able to view the water.  Each of these overlay districts requires a minimum setback from the Ordinary High Watermark (OHW) of the abutting lake or river.  Thus, there is no concern with structures being built too close to a body of water.  The proposed ordinance amendment utilizes the same language that is already in City Code Section 106-450 (Accessory Structures), which allows detached accessory buildings to be placed nearer the front property boundary than the home on riparian lots in these same three (3) overlay districts.

Amending City Code to exempt riparian lots in these overlay districts (only in the R-1A, R-1B, and R-1C zoning districts) from the maximum front yard setback will accomplish several things.  First, it provides more flexibility in siting a home on a parcel (this could result in less tree loss on a property).  Secondly, it should assist in reducing potential future variance requests, which will save residents both time and money.  Finally, it does not threaten or conflict with the intent of these overlay districts, which aim to minimize impacts on natural resources and maintain a more natural view for those on the water.  

This case is being handled as part of Staff's regular duties.

Staff recommends adopting Ordinance No. 26-05.

Motion to recommend City Council adopt Ordinance No. 26-05.