12-10-07 Item 4I Zoning Code Encroachments

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~ ~HILLS MEMORANDUM DATE: December 10, 2007 Agenda Item 4.1 TO: Mayor & City Council FROM: Meagan Beekman, Planner I ~ SUBJECT: Planning Case #07-030 Zoning Code Amendment: Permitted Encroachments City of Arden Hills 1245 West Highway 96 Request Motion to Approve Ordinance 389 in Planning Case 07-030 to Amend Section 1325.03 Subd. 2A of the Zoning Code Regarding Permitted Encroachments as Presented in the December 5, 2007, Planning Case Report. Backeround In November 2006, the City re-codified the Zoning Code, which included a number of minor and legally required updates. However, the Zoning Code is an evolving document that needs to be reviewed, updated, and clarified to ensure the spirit, intent, and goals of the Code are being met. As time allows, Staff will be proposing updates and changes to the Zoning Code to make it clearer and more effective. While the language of the permitted encroachments regulation is clear, the requirement that all encroachments be at least six feet from any property line is inconsistent with the regulations in the building code and thus has affected how this ordinance has been applied in the past. The building code requires that all encroachments be set back a minimum of three feet from any lot line, while the Zoning Code requires six feet. In most zoning districts this is not an issue; however, in the R-2 and R-3 districts side yard setbacks are five feet on one side. This creates a contradiction within the code as to which setback will be applied. After reviewing the current zoning code and building code and consulting with the City Building Official, Staff is proposing the following revised "Permitted Encroachments" ordinance: \\Metro-inet.us\ardenhillsIPlanningIPlanning Cases\2007\07-030 Permitted Encroachments Zoning Amendment (PC APPROVED)\121007 - CC Report - Permitted Encroachments amendment.doc Page 1 0[2