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Home My WebLink About12-10-07 Item 4I Zoning Code Encroachments ~ ~HILLS Request for Council Action Agenda Item: .....". ............. .........." ......... ... n...n........... ..... ......-.... .......s'i:i'dg.etecfArriou.nt:"". Actual Amount: Funding Source: 4.1 Prepared By: Dep\.: Council Mtg. Date: Final Action Needed By: .___~~.~.9!!~~~~~!!!~~__..__..________ ..".9_~_~_~_~.~.i.~}:!~X~'-~l?_I!!~.I.:I.!..,." 12-10-07 ~![i[~\rttR9!!PBli!Th[q~~~ill~lijfdcugr~illJiill..,.".,..,.....'..'.m.......'.............................................".....................".................."."....................,..............,.''................,_.,_...................._,.,_._,._...'_'n''_''............,_.......,."........,_......................."...........m."................."......"."."......"........................""."""."""....."."............".... iMotion Approve Ordinance 389 to Amend Section 1325.03 Subd. 2A of the Zoning Code Regarding Permitted Encroachments as Presented in: !the December 5, 2007, Planning Case Report. ' ~i:!t!e!g~~!~!~"~:WWV~1}~~TI~!I~ectlon"-;f325~63---Subii--2A--orthEi-Zonlilii--Code---Regarcfing---Permme-a--Encro-ac"hme-nt"s-"as--'preiie'ntiid"''i"ri''"ih'e'] iDecember 5, 2007, Planning Case Report. ' ~.. X ^", December 10, 2007, Memo to the City Council , D^ ^'.."^ No.: X No.: Recommendation: """y Recommendation: X I' 41.1: 41-2: Ordinanc~'389 41-3: None. None. ~ ~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 1325.03 Subd. 2 Permitted Encroachments. A. Parts of the Principal Structure. 1. In all zoning districts except R-2 and R-3, features which are part of a principal structure, including but not limited to eaves, cantilevered areas, cornices, canopies, awnings, balconies, fire escapes and chimneys, may extend three (3) feet into the required front, side, and rear setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. Decks, uncovered porches, ramps, and steps may extend six (6) feet into the required front, side, and rear setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. 2. In the R-2 and R-3 zoning districts, the permitted encroachments listed in the above part 1 may extend three (3) feet into the requirement front, side, and rear setbacks but in no case shall these encroachments be less than three (3) feet from any lot line. Additional information about the permitted Encroachments ordinance is in the report to the Planning Commission (attachment 41-3). Options I. Approve the proposal as submitted. 2. Approve the proposal with changes. 3. Deny the proposal. 4. Table for additional information. If approved, the Zoning Code amendment will not go into effect until it is published in the December 19, 2007, edition of the Shoreview Arden Hills Bulletin. Attachments 41-1 Draft Planning Commission Minutes 41-2 Ordinance 389 41-3 December 5, 2007, Report to the Planning Commission- htto:llwww.ci.arden-hills.mn.us \\Metro-inet.uslardenhillslPlanninglPlanning Cases\2D07\07-030 Permitted Encroachments Zoning Amendment (PC APPROVED)\121007 - CC Report - Permitted Encroachments amendment.doc Page 2 of2 Attachment 41 -1 Draft Planning Commission Meeting Minutes From December 5, 2007 December 10, 2007, City Council Meeting PLANNING CASE # 07-030 - ZONING CODE TEXT AMENDMENT FOR PERMITTED ENCROACHMENTS: CITY OF ARDEN HILLS: 1245 WEST HIGHWAY 96- PUBLIC HEARING Ms. Beekman reported that the zorung code text amendment for permitted setback encroachments. She then provided background information and said staff recommends an amendment to the language. Chair Sand opened the floor to Commission questions. Chair Sand inquired how the changes comply with the front porch zoning issues in the Valentine Hills area. Mr. Lehnhoff stated the area being referred to is the Chathem area and it doesn't affect what can be done in that area. He stated the zoning text amendment wouldn't impact the front porch setbacks. He stated this will bring a lot of houses into conformance with the zoning code. Chair Sand opened the public hearing at 8:19 p.m. Chair Sand invited anyone for or against the application to come forward and make comment. Chair Sand closed the public hearing at 8:19 p.m. Commissioner Modesette moved, seconded by Commissioner Stodola, to recommend approval of Plarming Case #07-030, Zoning Code Text Amendment for Permitted Encroachments; City of Arden Hills; 1245 West Highway 96, in staff's December 5, 2007 report. The motion carried unanimously (6-0). This PI arming Case will be reviewed at the Monday, December 10, 2007, City Council meeting. December 10,2007, City Council Meeting Attachment 41 -2 Ordinance #389 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 389 AN ORDINANCE AMENDING THE PERMITTED ENCROACHMENTS REGULATIONS The Arden Hills City Council hereby ordains that Section 1325.03 Subd. 2, entitled Permitted Encroachments Part A, shall be amended to read as follows Subd. 2 Permitted Encroachments. A. Parts of the Principal Structure. 1. In all zoning districts except R-Z and R-3, features which are part of a principal structure, including but not limited to eaves, cantilevered areas, cornices, canopies, awnings, balconies, fire escapes and chimneys, may extend three (3) feet into the required front, side, and rear setbacks but in no case shall these encroachments be iess than six (6) feet from any lot line. Decks, uncovered porches, ramps, and steps may extend six (6) feet into the required front, side, and rear setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. 2. In the R-Z and R-3 zoning districts, the permitted encroachments listed in the above part 1 may extend three (3) feet into the requirement front, side, and rear setbacks but in no case shall these encroachments be less than three (3) feet from any lot line. A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at htto:llwww.ci.arden-hills.mn.us. Effective Date. This Ordinance shall become effective the day following its publication. Adoption Date. Passed by the City Council ofthe City of Arden Hills the 10th day of December, 2007. STAN HARPSTEAD, MAYOR ATTEST: MICHELLE WOLFE I CITY ADMINISTRATOR Publication Date: 2 Attachment 41-3 Report to the Planning Commission From December 5,2007. Available online at: http://www.ci.arden-hills.mn.us/plannin~cases December 10, 2007, City Council Meeting