7.b)1) and 3) Staff Report-ScandiaCouncil Ordinance items 11 18 14Memorandum
To: Scandia City Council
Copies To: Kristina Handt, City
Administrator
Brenda Eklund, Clerk
From: Sherri Buss, RLA AICP,
Planner
Date: November 11. 2014
Reference: Ordinance Amendments—
Recommendations from the
Plannina Commission
Project No.: 15486.000
Routing:
At their meeting on November 5, The Planning Commission recommended two ordinance
amendments to the City Council for approval. The proposed amendments were created to
address issues that arose in recent application reviews or questions from Scandia residents.
Ordinance No. 157—Amends the standards for historic buildings and structures and
accessory structures
1) The proposed changes include amendments to exempt historic buildings and structures
from the height standards in the Development Code, including the following items:
A proposed ordinance change in Chapter Two, Section 3.0 adds the phrase
"historic buildings and structures" to permit those structures to exceed the height
standards in the code.
A change in Chapter Two, Section 3.2 (3) specifically permits accessory structure
height to exceed the structure height permitted in each zoning district.
2) Adds language to the Development Code that provides incentives to preserve historic
structures and the appearance of historic properties:
The amendment includes new language in Chapter Two, Section 3.2 (5) and (6)
that permits the City to grant exceptions to the number and/or total square
footage of accessory structures permitted in order to preserve historic structures,
and to permit historic buildings and structures to be closer to the roadway than
the primary structure without a variance.
The amendment proposes that the exceptions for historic buildings be granted
using an administrative permit. The Zoning Administrator (City Administrator)
would review the permit request, based on the following new criteria included in
the amendment:
o Whether the exception is necessary to preserve the historic structures,
maintain the historic character of the property, or meet the City's goals for
historic preservation and character.
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Memorandum
To: Scandia City Council
Copies To: Kristina Handt, City
Administrator
Brenda Eklund, Clerk
From: Sherri Buss, RLA AICP,
Planner
Date: November 11. 2014
Reference: Ordinance Amendments—
Recommendations from the
Plannina Commission
Project No.: 15486.000
Routing:
At their meeting on November 5, The Planning Commission recommended two ordinance
amendments to the City Council for approval. The proposed amendments were created to
address issues that arose in recent application reviews or questions from Scandia residents.
Ordinance No. 157—Amends the standards for historic buildings and structures and
accessory structures
1) The proposed changes include amendments to exempt historic buildings and structures
from the height standards in the Development Code, including the following items:
A proposed ordinance change in Chapter Two, Section 3.0 adds the phrase
"historic buildings and structures" to permit those structures to exceed the height
standards in the code.
A change in Chapter Two, Section 3.2 (3) specifically permits accessory structure
height to exceed the structure height permitted in each zoning district.
2) Adds language to the Development Code that provides incentives to preserve historic
structures and the appearance of historic properties:
The amendment includes new language in Chapter Two, Section 3.2 (5) and (6)
that permits the City to grant exceptions to the number and/or total square
footage of accessory structures permitted in order to preserve historic structures,
and to permit historic buildings and structures to be closer to the roadway than
the primary structure without a variance.
The amendment proposes that the exceptions for historic buildings be granted
using an administrative permit. The Zoning Administrator (City Administrator)
would review the permit request, based on the following new criteria included in
the amendment:
o Whether the exception is necessary to preserve the historic structures,
maintain the historic character of the property, or meet the City's goals for
historic preservation and character.
An employee owned company promoting affirmative action and equal opportunity
Scandia Planning Commission
Ordinance Changes for Public Hearing Page 2 November 5, 2014
o The appearance and arrangement of buildings should reflect the design
elements identified in Scandia's Architectural Design Guidelines.
o Preservation of the structures should not conflict with other policies and
regulations, including setbacks.
o The exception should not create an unreasonable burden on adjacent
properties.
o The exception should not be contrary to public interest, or the general
intent of the Code or Comprehensive Plan.
The proposed process requires approval of applications by the Zoning
Administrator in writing, and requires that the Administrator inform the Council of
each approved or denied application. It permits applicants to appeal a permit
request that is denied to the City Council.
3) The proposed amendments to Chapter Two, Section 3.0 also include an update to the
table that specifies the number and area of accessory structures permitted by lot size to
clarify the lot sizes included in each category.
4) The proposed amendments to Chapter Two include the addition of the phrase "in
relation to the front lot line" in Section 3.2, item (2) (B) to clarify requirements that
detached accessory structures on corner parcels may not be located closer to the
roadway right-of-way along the front lot line, but may be closer to the right-of-way on the
side lot line of the parcel.
Ordinance 158 — Amends the Code to permit "administrative exceptions" for some uses
The proposed amendment would permit an "administrative exception" for lots that are close to,
but do not meet, the ordinance requirements for some approvals. This change would permit
parcels that are slightly smaller than the minimum lot size requirement to have the same uses
as parcels that meet the minimum size requirement. Parcels may be slightly small than the
minimum due to losses to road right-of-way after the parcel was created, or due to surveyor
error. The amendment provides for administrative exceptions for the following:
The exceptions could be permitted on parcels that deviate from the minimum lot
requirement by up to 5%. (For example, a lot that is 4.75 acres in size to 4.9 acres in
size could be considered to be a five -acre parcel for some use standards in the
Development Code.)
Exceptions could be granted only for Accessory Structure standards (Chapter 2, Section
3.2) and for lot size limits in the General Standards for uses (Chapter 2, Section 4.0);
exceptions could not be granted from the dimensional requirements for subdivisions or
for the dimensional standards for lots included in Chapter 2, Section 2 of the Code.
Examples of exceptions that could be granted include the following:
o A 4.75 acres parcel could have a horse or other livestock (the current minimum
lot size requirement for keeping livestock is 5 acres).
o A resort or conference facility could be located on a parcel that is 47.5 acres in
size (the current minimum lot size required for a resort is 50 acres).
I
Scandia Planning Commission
Ordinance Changes for Public Hearing Page 3 November 5, 2014
o A parcel that is 2.85 acres in size could have the same number and area of
accessory structures as a parcel that is 3.0 acres in size.
The exceptions could be granted as an administrative permit. Residents would apply,
and the Zoning Administrator (City Administrator) would review the request. The
Administrator would provide the approval in writing. If the Administrator denies the
request, the amendment includes an appeal process to the City Council.
Planning Commission Recommendation and Council Action
The Planning Commission recommended approval of the amendments to the Development
Code at their meeting on November 5. The Council should review the sections, and take action
at their meeting on November 18. Ordinance 157 should be approved prior to approval of the
Rodsjo variance request.
I