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7.b)1) TKDA Memo-Accessory Structures Ordinance Amendment �`°' 444 Cedar Street,Suite 1500 Saint Paut.MN 55101 651.292.4400 � tkda.com TKDA Memorandum To: Scandia City Council Reference: Accessory Structures Ordinance Amendment--Revisions Copies To: Kristina Handt, City Administrator Brenda Eklund, Clerk Project No.: 15254.000 From: Sherri Buss, RLA AICP, Routing: Planner Date: October 7, 2013 Council Member Schneider identified two issues in the draft Accessory Structure ordinance at the September Council meeting, and asked that staff review those issues and provide alternative language for the October meeting. The issues included • Clarifying the permitted height for accessory structures o The Planning Commission initially recommended that structures be no taller than the primary structure on the lot. This is not practical for the large lots that exist in Scandia or unique situations such as earth-sheltered homes. • Finding a different name for the 1 new"agricultural" structure that would be permitted on lots between 5 and 10 acres in size. The State Building Code definition of"agricultural" structures only applies to larger lots, so we should not call the structure on those lots an "agricultural" accessory structure. Staff have revised the draft ordinance (copy attached) to address Mr. Schneider's comments, as follows: • We have modified the language regulating the height of structures to say "Accessory structure height is limited to the permitted building height." This will allow for taller agricultural structures, and permit the second story that the Planning Commission recommended, while keeping accessory structures at the building height that is acceptable in the Development Code. • We modified the table to include 1 "rural use" building, so that we are not using the "agricultural" building terminology that would conflict with the State Building Code. This still permits those on 5 to 10 acre lots to have buildings to shelter animals, store other agricultural products from orchards or gardens, and similar rural uses. The revised ordinance is attached with the changes since the last meeting in red text, for discussion at the Council meeting on October 15. An employee owned company promoting affirmative oction and equal opportunity CITY OF SCANDIA ORDINANCE NO.: 143 AN ORDINANCE AMENDINC ORDINANCE NO. 122,THE SCANDIA DEVELOPMENT CODE, CHAPTER 2,SECTION 3.2 REGARDING ACCESSORY STRUCTURES ��he Cit��Council of the Cit��of Scandia. Washington County. Minnesota hereby ordains: Seetion l. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Developmem C:odc". or "Code�'), Chapter Two. Section 3.2, Accessory Structures, shall be amended to read as lollows: 3.2 Accessory Structures (1) Required Perniits.A building permit is required Yor all accessory structures except the follo��ing: I)agricultural buildings as defined herein and 2)non-agricultural accessory structures that are 120 square feet or smaller.An administrative permit is required for all agricultural buildings and agricultural accesson structures. (2) All Accesson�Structures.The follo��°ing standards appl��to all accessory structures. (A) No accessory structure shall be constructed on a lot prior to eonstruction of the principal structure on the lot. ([3) No detached accessory structure,including srorage sheds,shall be located closer to the road right-ot=�vay than the principal building on a lot without a variance unless all of the following conditions are met: 1. The accessory structure is at least 200 feet from the road right-of-way on lots of Gve($)acres or more;and 2. All setbaeks are met. (3) Residential and Agricultural Accessory Structures.The following additional standards apply to all residential and agricultural accessory structures: (A) �ii i. „i w.:i,�: .i, ti., ,., ��- „��n.. .i,..,..,.:., ..H„n�.o i:..,:.�a. ,t,a:,.t,.., ,..t,o...,:�o �n,,..,.,a�..,.,�,,.;a:,:,..,..,��.,o.,..,,:. ,..,�.,.,,.,.. :.�..�:,_�,.a.,.Accessorv structures mav not include a dwellina unit. The��mati�not be rented,leased,or sold se�aratel,y trom the rental,lease,or sale oftheprimary sinRle-familv dwellina on the lot. (�43 (B) Accesso structure heiaht is limited to the ermitted buildin heiaht in each . Formatted:Normal,mdent:�eft: 0.81", rY P @ �Hanging: 038" � zonina district; � Formatted:Underline,Font mlor:Red Formatted:Indent:Left: 0.88",Hanging: 031", No bulleLs or numbering Page I of 4 � (�-) (�1 "I he permitted total square footage and number of all accessory structures is as follows: Residen(inl Acre.��xun-.ti�nre•(r�re.r � (non-a�r�rtdn�ra/J* A>ru�:dtura/cnnl IZinzrl B:�ild�n�.e �'umher oJ� Tolnl Syuare ,b'+nnher of Tolal 4/t�nre � Lul.S'tzr titructi+re.c** l�buln�e S[ructare.e l��ota>e Parcels Iess than 1 acre 1 720 s .ft. 1 acre to 3.00 acres ] 1.000 s .ft. None None I More than 3.00 acres and less than 5.00 acres � 2,u`00 sq.ft. I rural�uc �.OUO sq f�t SAO acres to 10.00 acres 2 �>��00 sq.fi. huildin,***i; includina non- total a��ricultural buildin�s +_agricultural '�'�000 sq.ft. More than 10.00 acres to 2Q00 2 3,500 sq.fL building�(_=rl �ncluding non- acres total) agricultural buildin��s. More than 20.00 acres to 30.00 2 4.500 sq.ft. acres More than 30.00 acres to 40.00 � 5,900 sq.ft. No limit No limit acres provided provided More than 40.00 acres to 60.00 � siructures are strucmres are acres b�00 sq.ft. agricultural agricultural More than 60.00 acres to 80.00 � 7,000 sq.ft. buildings. buildings acres Morc ihan 80.00 acres 2 8,000 s .ft. � * Onc dctachc;d ear,la�up lu 2-4 �l6 in sizc is permiltcd iu addition to thc - Formatted:Indent Left: 1.25 Hanging: � number of accessorv structures listed in Section(C),above. "Ilie total area uf �0.25", No bullets or numbenng � _ --- _----- structurcs includina the earaQe shall mect thc lot covera<ac rcquirements. ** One single story shed of 120 square feet or less is permitted in addi[ion 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. ***Onc rural acces�or��structure lo shclter domestic tann animals or lo pro��ide � ! Formatted:Indent:Left: 0.83" � storasc tiu ruralilann uscs i,perniitted on lots behseen 5.0 and 10.00 acres. (� � • �ormatted Formatted:Nortnal Page 2 of 4 � (D) All detached accessory structures are to be used for personal use or agricultural use � Portnatted:Outline numbered+Level:4+ � only.No commercial use or commercial-related storage is allowed in these structures. Numbenn9 sryie:n,s,c,...+start ar.i+ Alignment Left+Aligned at: 0.83"+Tab after: 1.18"+Indent at: 1.18" (F,) No land shall be subdivided so as to have a larger structure and/or exceed the total number of stn�ctures as pennitted by this Development Code. (F) Domestic Farni Animals.Accessory structures used to shelter domestic farni animals shall meet the following requirements: I_All domestic farm animal structures,feedlots and manure storage sites shall be setback as follows: ' Formatted:Nortnal -� , Formatted Natural/Man-Made Features Horizontal Setbacks (a) Am° ro ertv line 100 feet (b) An}�eaisting��ell or residential structure on the 50 feet same areel (c) Anc seasonal or��ear-round��etland,lake or stream 300 feet 2. Said structure,feedlot or manure srorage shall not be placed on slopes��hich exceed 13%. (G) For the purpose of de[erniining the size.number and location of agricultural buildings on farms 40.00 acres or greater,the lot shall include all contiguous tax parcels famied as a unit as evidenced by common o�vnership��ithin a tamil� or other entit� comprised of some or all of the famih�mcmbers.or a combination thereof. (4) Commercial and Industrial Accessory Structures.'1'he follo�+�ing additional standards shall appl�to commercial and industrial accesson structures: (A) One accessory structure is alloH�ed on a parccl provided it is used tor storage related to the principal use of the property.No separatc business is allowed in the accessory structure. (B) The accessory structure shall be placed to the rear ofthe principal building and conform with applicable setback requirements and lot coverage standards. (C) No accessory building shall exceed 35 teet in height. Seetion 2. Effeetive Date. This ordinance shall be in full rorce and et7ect upon its adoption and summary publication which shall read as lollows: Oi-dinance No. 1 d3 adopted by tl�e Scandia Ciry('ouncil amends Section 3.2 Accessory Slructures oJ�the Development Code to allow change.r in tl�e number and size qf accessory strt�ctures permitted and removes the C'onditional Use Pernzit requrrement Jor second stories on accessory structures. A copy of the full ordinance is available for review at C'iry Hall. Page 3 of 4 Passed and adopted by the City Council ol�the City of Scandia this 15`"day of October.2013. Randall Simonson.Mayor ATTEST: Kristina Handt Administrator/Clerk Page 4 of 4