5.a Chouinard Accessory StructureMemorandum
To:
444 Cedar Street, Suite 1500
Reference: Chouinard Request—
Saint Paul, MN 55101
Commission
651.292.4400
tkda.cam
Structure Ordinance
Copies To:
TKDA
Memorandum
To:
Scandia Planning
Reference: Chouinard Request—
Commission
Interpretation of Accessory
Structure Ordinance
Copies To:
Neil Soltis, City
Administrator
Brenda Eklund, City Clerk
Project No.: 16023.000
From:
Sherri Buss, RLA AICP,
Routing:
Planner
Date:
November 21, 2016
Josh Chouinard will attend the Planning Commission meeting on December 6 to request that
the Planning Commission interpret an ordinance requirement for accessory structures that
states the following:
"One detached garage up to 24x36' in size is permitted in addition to the number of accessory
structures listed in Section (C), above. (Section C is the accessory structures table in Chapter 2,
Item (3) (C) J The total area of structures including the garage shall meet the lot coverage
requirements. "
Mr. Chouinard's parcel is less than 1 acre in size. It includes an existing house with an attached
garage. The ordinance permits 1 detached accessory structure on properties less than 1 acre
in size, up to 720 square feet in area.
Mr. Chouinard interprets the ordinance to mean that he can combine the area of the additional
garage (864 square feet) plus the 720 square -foot structure permitted on his lot to permit a
detached structure up to 1584 total square feet in area on his parcel.
City staff interpreted the ordinance statement that a detached garage structure up to 24x36 is
permitted in addition to 1 accessory structure up to 720 square feet in area on parcels that are
smaller than 1 acre, not that the area of the structures may be combined. Our recollection of
the Planning Commission discussion in adding the exception for a 1 or 2 -car garage was to
permit all parcels to have a garage since variances have typically cited the need for a garage in
Minnesota's climate. Our comment to Mr. Chouinard about this included the following:
The Planning Commission proposed the exception so that all properties could have a 1 -
or 2 -car garage because of the need for a garage in Minnesota's climate.
The exception specifically states that theag rape is permitted "in addition to the number
of accessory structures" listed on the table. It does not say that the square foot area of
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Chouinard Accessory Structure Page 2 December 6, 2016
Scandia Planning Commission
864 square feet (24'x36') may be added to the total square footage of accessory
structures permitted based on lot size that is shown on the table. If the Commission
wanted to allow everyone to have 864 additional square feet of accessory structures for
any purpose, they would have added 864 square feet to the Total Square Footage
column for all lot sizes.
The size and number limitations on accessory structures that Scandia has adapted are
similar to those in other communities. The definition of "accessory" structure in the
ordinance is a "structure on the same lot of a nature incidental and subordinate to the
principal structure." Based on this definition, many communities require that accessory
structures be smaller in square footage than the primary structure, particularly on small
lots. Larger accessory structures that exceed the size of the primary structure are
permitted for agricultural purposes and on large lots.
The plans that Mr. Chouinard has provided for his proposed accessory structure are attached.
Comparison with Accessory Structure Standards of Nearby Communities
The table below compares Scandia's standards for the number and square footage of
accessory structures on small parcels with those of nearby communities:
Community
Size of
Number of
Total
Additional
Parcel
Accessory
Maximum
Structures
Square
Footage
City of
Less than
1
720 square
One detached garage up to 24'x36'
Scandia
1 acre
feet
864 sq ft
May
Less than
1
720 square
Township
1 acre
feet
(Washington
County
Ordinance
Forest Lake
Less than
1
1,500
2.5 acres
square feet
Hugo
Less than
1
260 square
If the property has no attached
1.5 acres
feet
garage, a detached garage up to
500 square feet additional square
footage is permitted
Planning Commission Discussion
The Planning Commission should be prepared to discuss its interpretation of the exception
allowed for a garage in the Accessory Structures ordinance.
Some ordinances specifically state that the exception that allows the additional garage is
specifically limited to principal structures that do not have an attached garage. If this is how the
Planning Commission interprets the intent of the ordinance, should this information be added to
the Accessory Structure section of the Development Code?
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