Adopt Ordinance #22-04 Amending Section 117-349 of City Code to Allow Accessory Dwelling Units (ADU's)

At least once a month, Planning Staff receive calls from residents requesting information about mother-in-law suites, or some other form of an Accessory Dwelling Unit. Planning Staff have a proposed ordinance to allow attached, and detached, Accessory Dwelling Units (commonly known as ADUs) in the City of Ramsey for single-family residential properties only, at the request of the Planning Commission during their regular meeting on July 22, 2021.

The Planning Commission reviewed and recommending approval of the attached ordinance at their regular meeting on October 28, 2021. The City Council reviewed and recommended Staff move forward with Ordinance #22-04 to a Regular Meeting for introduction during their Work Session on December 14, 2021.

A notice was posted in the City's Official Newspaper, the Anoka County UnionHerald for the January 11, 2022 Regular Meeting of the City Council for introduction of the ordinance.

Planning Commission Meetings (July - October)
The Planning Commission recommended City Staff pursue an accessory dwelling unit ordinance, after discussion of Council Business during their July regular meeting. Since then, City Staff have worked with the Planning Commission over the last few months to create an ordinance that would be recommended for introduction by the Planning Commission. Minutes from the various meetings are attached to this case.

Planning Staff researched surrounding city requirements for ADU's, discussed multiple aspects of the case, and prepared a draft ordinance - which was reviewed and recommended for introduction by the Planning Commission during their regular meeting on October 28, 2021. The proposed ordinance reflects some of the most recent additions requested by the Planning Commission:

• Modeled after Dayton's ADU ordinance
• No minimum lot size for attached, but minimum lot width
• Minimum lot size of 2.5 acres for detached ADU's
• No options for Interim Use Permits

Types of ADU's

• Attached – e.g. mother in law suite above garage, two separate entrances to the home, essentially a home addition but it’s a suite. Requested occasionally from callers, but not as often as detached.
• Detached – converted garage, tiny home on a foundation etc. most often requested from callers.
• Internal – suite within the existing home, our code already allows this so long as the entire home (suite + existing home) is accessible via the front door. These are typically converted basements. Our code doesn’t limit # of kitchens, bathrooms, etc. so this has not been a request from residents.

Proposed Regulations
General requirements from Cities that have ADU's that were incorporated into the ordinance include:

• One (1) ADU per residential lot;
• Allowed on existing single-family residential properties only;
• Principal dwelling and/or ADU must be owner occupied;
• Compliant with all other city, local, regional, state, and federal regulations;
• Building code standards and permits (utilities, stairways, equipment, etc).;
• Match primary residence (siding, material, roof pitch, trim, windows, projecting eave, etc.);
• Maximum size of 800 sf – Attached and Detached
  • Conversion of portion of detached garage is allowed (800 sf max);
• Cannot create a new tax parcel or be sold separately from the primary residence;
• Cannot be utilized for Home Occupations;
• Additional parking not required if off-street parking regulations are met;
• Counts towards accessory structure size and lot coverage requirements;
• Must meet setbacks for dwellings in the applicable zoning district (MUSA or Rural Developing);
  • Rural Developing:
    • Front - 
    • Side - 10 feet
    • Rear - 40 feet
    • Side Corner - 40 feet
  • MUSA (if property is 2.5+ acres):
    • Front - N/A, not allowed in front yard
    • Side - 6 feet
    • Rear - 30 feet
    • Side Corner - 30 feet
• Minimum lot size requirement of one (1) acre;
• ADU must share utilities with the principal dwelling;
• Cannot exceed 22 feet in height (detached only), or height of the principal structure, whichever is less;
• Share address with the principal dwelling;
• Conversion of a lawful, nonconforming garage requires a Conditional Use Permit;
• Foundation and Certificate of Occupancy required; and
• Conversion above a lawful garage or detached structure allowed.

Researched cities include:

• Andover - research attached to this case
• Anoka - no ordinance
• Blaine - no ordinance
• Coon Rapids - no ordinance
• Dayton - research attached to this case
• Elk River - research attached to this case
• Ham Lake - no ordinance
• Maple Grove - no ordinance
• Minneapolis - research attached to this case
• Minnetrista - research attached to this case
• Nowthen - no ordinance
• Oak Grove - no ordinance
• Otsego - no ordinance
• Rogers - no ordinance
• Roseville - research attached to this case
• St. Paul - research attached to this case

The attached case has the research of surrounding cities - including a website link for information on ADU's from the American Planning Association (APA) on the last page as well as other resources, and a copy of Dayton's ADU ordinance. The minutes from the meetings are also attached.

City Council Work Session (12/14/2021)
The City Council reviewed the proposed ordinance during their Work Session on December 14, 2021, and recommended Staff move forward with a case for introduction of Ordinance #22-04.

City Council Regular Meeting (1/11/2022)
The City Council introduced Ordinance #22-04.

Staff is handling this case as part of their regular duties.

The Planning Commission recommends introducing Ordinance #22-04 to allow accessory dwelling units (ADU's).

Motion to waive the Charter requirement to read ordinance aloud and adopt #22-04 to allow accessory dwelling units (ADU's).

Roll Call Vote: Councilmember Howell, Councilmember Musgrove, Councilmember Heineman, Councilmember Woestehoff, Councilmember Specht, Councilmember Riley, Mayor Kuzma