7.a)3) TKDA Memo-Accessory Structures Ordinance �. a�3�
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TKDA
Memorandum
To: Scandia City Councii Reference: Accessory Structures Ordinance
Amendment
Copies To: Kristina Handt, City
Administrator
Brenda Eklund, Clerk
Project No.: 15254.000
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: September 11, 2013
Background
During the past year the City has received several applications for variances to exceed the total
area of accessory structures allowed on properties in Scandia, and to request a Conditional Use
Permit (CUP) to permit a second story on an accessory structure to be used for storage. The
Planning Commission has reviewed the Accessory Structures section of the Development Code
(Chapter 2, Section 3.2) to determine if the Code should be updated given the frequent requests
for and approvals of variances to the Code.
The Planning Commission reviewed recent variance, the accessory structures requirements of
neighboring communities and discussed several options to address the issues identified in the
accessory structures requirements. The Commission is recommending several changes to the
Code based on its findings.
Recommended Changes
The following summarizes the changes that the Planning Commission is recommending:
Accessory Structure Heiqht
Scandia's code currently limits the height of accessory structures to 1 story, unless the property
owner obtains a CUP for a second story. The purpose of this provision is somewhat unclear,
but the Commissioners suggested that it was intended to prohibit creation of a space that could
be used as a dwelling unit, and to limit the height of the accessory structure. Based on recent
applications, the Commission determined that the CUP requirement may not be the best way to
accomplish the intended purpose of the requirement, and has some negative results:
• The code does not have a clear definition of"second story" that can be applied to
accessory structures, or is consistent with the State Building Code definition of a "story."
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Accessory Structures Ordinances
Scandia Planning Commission Page 2 July 2, 2013
• The Commission decided that there is value in allowing residents to have a second story
that may be used as a storage area, office, play space, etc. Particularly in lake shore
areas, building a second story may reduce coverage by buildings on the site overall.
The Commission is recommending that the CUP requirement for a second story be changed to
the two new items included in the proposed ordinance under item (3) (A) and (B) as the
proposed revisions directly address the goals for managing the height of accessory structures,
while allowing reasonable use of the structure with no need for a CUP:
(A) Accessory structures may not include a dwelling unit. They may not be rented,
leased or sold separately from the rental, lease or sale of the primary single-family
dwelling on the lot.
(B) No residential accessory structure shall be taller than the principal structure on the
lot as measured by the building height definition in Chapter 1 of this Development
Code.
Permitted Number and Spuare Footaqe of Accessorv Structures
The Commission's review of the ordinances in other communities indicated that Scandia allows
a smaller square footage of accessory structures for lots of 3 to less than 5 acres in size and
lots of 5 to 10 acres in size than neighboring communities. These are also the lot sizes that are
experiencing frequent requests for variance.
The Commission is recommending increasing the number and/or square footage of accessory
structures for those lot sizes in the proposed ordinance amendment, as follows:
• Lots 3 to less than 5 acres in size: Increase the total square footage allowed for
residential accessory structures from 2,000 square feet to 2,500 square feet.
• Lots 5 to 10 acres in size: Increase the total square footage allowed for residential
accessory structures from 2,500 to 3,000 square feet, and allow 1 agricultural building in
addition to the residential accessory structures, for a total of 4,000 square feet for all
accessory structures for lots of this size.
• Lots 10 acres to 20 acres in size: Increase the total square footage of all accessory
structures from 5,000 to 6,000 square feet and allow an additional agricultural building to
be proportional to the changes recommended for other categories.
The Commission is also recommending:
• That one detached garage up to 24'x36' is permitted in addition to the number of
accessory structures identified on the table in the proposed ordinance. The
Commission noted that the current code permits attached garages in addition to the
detached structures, and felt that residents should be allowed an attached or detached
garage.
• The garage and all structures must meet the lot coverage requirements. This may limit
the size of garage and structures on small lakeshore lots, but is unlikely to be an issue
on larger lots.
1
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CITY OF SCANDIA
ORDINANCE NO.: 143
AN ORDINANCE AMENDING
ORDINANCE NO. 122,THE SCANDIA DEVELOPMENT CODE,
CHAPTER 2,SECTION 3.2 REGARDING ACCESSORY STRUCTURES
7'he City Council of the City of Scandia, Washington County. Minnesota hereby ordains:
Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code', or '`Code"), Chapter Two. Section 3.2_ Accessory Structures. shall be
amended to read as follows:
32 Accesson�Structures
(I) Required Permits.A building pern�it is required for all accessory structures except the
following: 1)agricultural buildings as defined herein and 2)non-agricultural accessory
structures that are 120 square feet or smaller.An administrative perniit is required for all
agricultural buildines and agricultural accessory stn�ctures.
(2) All Accessory Structures.The following standards apply to all accessory structures.
(A) No accessory structure shall be constructed on a lot prior to construction ofthe
principal structure on the lot.
(B) No detached accessory structure,including storage sheds,shall be located closer to the
road right-oGway than the principal building on a lot without a variance unless all of
the following conditions are met:
l. The accessory structure is at least 200 feet from the road right-of-way on lots of
five(5)acres or more;and
2. All setbacks are met.
(3) Residential and Agricultural Accessory Structures.The following additional standards apply
to all residential and agricultural accessory structures:
il�) _ •� _ . .
..n,..,,�a,�.,,.�,...a:.:,...,.,��,.�o�.....:.:.........._,,,...�.,..,:.ti.ti:..�,.,,.,.Accessorv
structures may not include a dwellin�,unit. Thev n�ay not be rented,leased,or sold
separately from the rental,lease,or sale of the primar�} single-family dwellin og n the
lot.
Formatted:Nortnal,Indent:Left: 0.81",
(� (B) No residential accesson�structure shall be taller than the principal structure on - Harging: 038"
the lot as measured b��the buildin�heiQht detinition in Chanter I ofthis Develoqmcnt pormatted
Code.
-� , Formatted:Indent:Left: 0.88",Hanging:
031", No bullets or numbering
Page I of 3
. r
I (-F� (l 1 The permitted total square footage and number of al l accessory structures is as
follows:
Jle.ti'idennal Arrrssnn�Structin•es
� (nnn-n�riru(lural * A>rlcultural Buildin�.e
Numher uf Tu(al Syunre Nmnber nf Total Syuare
� ]ul tirze .Struch�res'* l�i�nla>c titruclure.c l��ota e
Parcels less than]acre 1 720 s .ft.
1 acre to 3.00 acres I 1,000 s .ft. None None
� More than 3.00 acres and 2 2 tiS00 sq.fl.
less than 5.00 acres
I .iericullurtil `�(�(��sq.1t.
�;_000 sq.ft. huildin�_�; �nrludin�;non-
5.00 acres to 10.00 acres 2 - aericultural
�u�al
buildim�s
�_agricultural '�'•000 sq.ft.
Morethan 10.00 acresto 20.00 � including non-
acres 3,500 sq.ft. building_(�-1 agricultural
total) buildines.
More than 20.00 acres to 30.00 z 4.500 sq.ft.
acres
More than 30.00 acres to 40.00 � 5,500 sq.ft. No limit No limit
acres provided provided
More than 40.00 acres to 60.00 � structures are structures are
6,000 sy.it.
acres agricultural agricultural
More than 60.00 acres to 80.00 � 7,000 sq ft. buildings. buildings
acres
More than 80.00 acres 2 8,000 s .ft.
�
'� One deta�hed sa�aec up l0 2-1�v6 in sii�is pcnnitle�iu addiliun to the � Formatted:Indent Left: 1.25' Hanging:
number of accesson�structures listed in Section(C),above. The total�mu of 0.25", No bulleLs or numbering �
_ ______--
structures includine die earase shall meet the lot co��erat�e requirement,.
1-H** One single story shed of 120 square feet or less is permitted in addition
to the number of accessory structures listed in Section(��c'),above.Ice fishing
houses stored on parcels of land during summer months shall be deemed to be the
permitted shed.
-- _ _ ____-----
� (D) All detached accessory structures are to be used for personal use or agricultural use � Formatted:Outline numbered+Level:4+
only.No commercial use or commercial-related storage is allowed in these structures. Numbenn9 Styie:a,s,C,...+5tart ar.1+
Alignment:Left+Aligned at: 0.83"+Tab
(E) No land shall be subdivided so as to have a larger structure and/or exceed the to[al after. 1.18"+Indent at: 1.18"
number ofstructures as perniitted by this Development C:ode.
(P) Domestic Farm Animals.Accessory structures used to shelter domestic farm animals
shall meet the following requirements:
I. All domestic farm animal structures,feedlots and manure storage sites shall be
setback as follows:
• Fortnatted:Normal _ __ �
Page 2 of 3
I -F- � Pormatted — �
Namral/Man-Made Features Horizontal
Setbacks
(a) Any ro erty line 100 feet
(b) Any existing well or residential structure on the 50 feet
same arcel
(c) An seasonal or ear-round wetland,lake or stream 200 feet
2. Said structure,feedlot or manure storage shall not be placed on slopes which
exceed 13%.
(G) Far the purpose ofdetermining the size,number and location ofagricultural buildings
on farms 40.00 acres or greater,the lot shall include all contiguous tax paroels farmed
as a unit as evidenced by common ownership within a family or other entity
comprised of some or all of the family members,or a combination thereof.
(4) Commercial and Industrial Accessory Structures.The following additional standards shall
apply to commercial and industrial accessory structures:
(A) One accessory structure is allo�med on a parcel provided it is used for storage related to
the principal use of the propem�.No separate business is allowed in the accesson�
structure.
(B) The accessory structure shall be placed ro the rear ofthe principal building and
conforni��ith applicable setback requirements and lot coverage standards.
(C) No accesso��building shall eaceed 35 feet in height.
Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and
summary publication��hich shall read as follows:
Ordrnance No. 1 d3 adopted by the Seandra�'rty('ouncrl amends See�ion 3.2 Accessory
Structures of the Developnsent Code to a/low changes in tl�e number and size of accessory
sh�uctures permi»ed and�•emoves the Condi�ional Use Permrt requirement for second stories on
accessory structures.
A copy ofd�e full ordinance is avai/able for review at City Hall.
Passed and adopted by the City Council of the City of Scandia this 17'�day of September.2013.
Randall Simonson,Mavor
ATTEST:
Kristina Handt.Administrator/Clerk
Page 3 of 3
CITY OF SCANDIA
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 09-17-13-OS
A RESOLUTION OF THE CITY OF SCANDIA,WASHINGTON COUNTY,
MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE
NO. 143,AN ORDINANCE AMENDING ORDINANCE NO. 122,THE SCANDIA
DEVELOPMENT CODE,
CHAPTER 2, SECTION 3.2 REGARDING ACCESSORY STRUCTURES
WHEREAS, On September 17, 2013, at a Regular Meeting of the Scandia City Council, by
majority vote, the City Council adopted Ordinance No. 143 which amends ordinance no. 122, the
Scandia Development Code, Chapter 2, Section 3.2 Regarding Accessory Sh-uctures; and
WHEREAS, State law requires that all ordinances adopted be published prior to becoming
effective; and
WHEREAS, the City Council for the City of Scandia has determined that publication of the
title and a summary of Ordinance No. 143 would clearly inform the public of the intent and effect of
the Ordinance; and
WHEREAS, the City Council for the City of Scandia has reviewed the summary of
Ordinance No. 143 attached and incorporated herein as Exhibit A; and
WHEREAS, the City Council for the City of Scandia has determined that the text of the
summary clearly informs the public of the intent and effect of Ordinance No. 143.
NOW THEREFORE BE IT RESOLVED,the City Council for the City of Scandia hereby:
1. Approves the text of the summary of Ordinance No. 143 attached as Exhibit A.
2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 143 in all
public locations designated by the City Council.
3. Directs the City Clerk to publish the summary in the City's legal newspaper within
ten days.
4. Directs the City Clerk to file the executed Ordinance upon the books and records of
the City along with proof of publication.
Dated this 17"'Day of September, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, City Administrator
Exhibit A
Ordinance Summary
Ordinance No. 143
AN ORDINANCE AMENDING
ORDINANCE N0. 122,THE SCANDIA DEVELOPMENT CODE,
CHAPTER 2, SECTION 3.2 REGARDING ACCESSORY STRUCTURES
On September 17, 2013, the City of Scandia adopted Ordinance No. 143, an ordinance amending
Section 3.2 Accessory Structures of the Development Code to allow changes in the number and size
of accessory structures permitted and removes the Conditional Use Permit requirement for second
stories on accessory structures.
A printed copy of the Ordinance is available for inspection by any person during regular office
hours at City Hall or by standard or electronic mail.