5. Staff Report-ScandiaPC Ordinance items 8 5 14
Memorandum
To: Scandia Planning
Commission
Reference: Ordinance Items—Requests from
July PC meeting
Copies To: Kristina Handt, City
Administrator
Brenda Eklund, Clerk
Project No.: 15486.000
From: Sherri Buss, RLA AICP,
Planner
Routing:
Date: July 28, 2014
The Planning Commission requested information or ideas from the Planner on several topics at
the July Planning Commission meeting. The items and suggested options for discussion at the
August Planning Commission meeting included the following:
1) Language for an “administrative exception” for lots that are close to, but do not meet, the
ordinance requirements for some approvals.
Stillwater Township’s attorney created a section that was added to the Stillwater
Township ordinance to allow for “administrative deviations,” in response to some similar
issues in the Township. Such exceptions are allowed by many municipalities. I have
attached a copy of the section that was added to the Stillwater Ordinance. It was placed
in the Administrative chapter of the zoning ordinance.
In Stillwater Township, the Board requested this because we occasionally have requests
from owners with parcels that are slightly under 5 acres in size who want to have a
horse, or some other livestock, and the ordinance requires a minimum five-acre lot for
this purpose.
The Stillwater ordinance allows the administrative deviations through approval of an
administrative permit. We have used it only about once per year since it was adopted.
Scandia Planning Commission
Ordinance items from July 1 Meeting Page 2 August 5, 2014
2) Language to add an exception for preservation of historic structures in the accessory
structures section of the ordinance.
The question before the Commission was an application that needed a variance to
construct an accessory building closer to the roadway than the primary structure, so I am
assuming that the Commission’s request is to permit historic structures or structures with
a historically-appropriate design in locations closer to the roadway than the primary
structure without a variance, to make this process easier for the applicants.
The following language in item 3, below, could be added to the Accessory Structure
section of the ordinance to accomplish that purpose (Chapter 2, Section 3.2):
(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 of the
principal structure on the lot.
(B) No detached accessory structure, including storage sheds, shall be located closer to
the road right-of-way than the principal building on a lot without a variance unless
all of the following conditions, or the conditions identified in item (2) (C), are met:
1. 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.
(C) A detached accessory structure, including storage sheds, may be located closer to
the road right-of way than the principal building on a lot without a variance if the
following conditions are met:
1. The design of the structure (for example, design of the roof and openings,
massing, color, materials, and/or location) of the accessory structure are consistent
with the traditional architectural design elements identified with Scandia’s rural
landscape in Scandia’s Architectural Design Guidelines. The City’s Zoning
Administrator shall review the plans that show the location and design of the
proposed structure, and may issue an administrative permit to allow a location closer
to the road right-of-way than the principal building in lieu of a variance. The Zoning
Administrator may require screening of the structure as necessary to meet the intent
of the ordinance.
2. All setbacks are met.
Scandia Planning Commission
Ordinance items from July 1 Meeting Page 3 August 5, 2014
3) Information on how the area of accessory structures with more than one story has been
calculated on applications
The Commission asked if we have calculated the area of accessory structures based on
the structure footprint, or the total area of all floors. The Planner reviewed variances
granted for accessory structures over the past several years, and found that we have
consistently used the footprint area only to calculate the area of the structure. Variance
examples reviewed included the Chisholm, Holmgren, Howe, Hume, Mattox, Lenz,
Olson, Roberts, and Varhalla variances. Most of these are in the Shoreland District, and
until recently in that district, we have restricted the buildings to one story plus a storage
area.
4) Change to the lot size chart categories for the accessory structure section of the
ordinance
The Commission asked about whether the table in the Accessory Structures section
should have categories that begin with the exact acreage, rather than “more than __
acres.” I reviewed past Scandia codes, and found that the current format has been used
in past codes such as the table in the 2007 ordinance:
Lot Size Total Square
Footage
Parcels less than 1 acres 720 sq. ft.
1 acre to 3.00 acres 1,000 sq. ft.
More than 3.00 acres to 5.00 acres 2,000 sq. ft.
More than 5.00 acres to 10.00 acres 2,500 sq. ft.
More than 10.00 acres to 20.00 acres 3,500 sq. ft.
More than 20.00 acres to 30.00 acres 4,500 sq. ft.
More than 30.00 acres to 40.00 acres 5,500 sq. ft.
More than 40.00 acres to 60.00 acres 6,000 sq. ft.
More than 60.00 acres to 80.00 acres 7,000 sq. ft.
More than 80.00 acres 8,000 sq. ft.
Agricultural buildings on parcels 80.00
acres or greater Unlimited
However, many codes do have each category start with the exact acreage, and this may
fit better with other criteria in the code that use the exact acreage numbers. If we made
the change in the code, the “lot size” column in the table could be revised as follows:
Scandia Planning Commission
Ordinance items from July 1 Meeting Page 4 August 5, 2014
Residential Accessory
Structures (non-
agricultural) *
Agricultural and Rural
Buildings
Lot Size
Number of
Structures**
Total
Square
Footage
Number of
Structures
Total
Square
Footage
Parcels less than 1 acre 1 720 sq. ft.
None None 1.0 to 2.99 acres 1 1,000 sq. ft.
3.0 to 4.99 acres 2 2,500 sq. ft.
5.00 to 9.99 acres 2 3,000 sq. ft.
1 rural use
building***
(3 total)
4,000 sq. ft.
including
non-
agricultural
buildings
10.00 to 19.99 acres 2 3,500 sq. ft.
2
agricultural
buildings (4
total)
6,000 sq. ft.
including
non-
agricultural
buildings.
20.00 to 29.99 acres 2 4,500 sq. ft. No limit
provided
structures
are
agricultural
buildings.
No limit
provided
structures
are
agricultural
buildings
30.00 to 39.99 acres 2 5,500 sq. ft.
40.00 acres to 59.99
acres 2 6,000 sq. ft.
60.00 to 79.99 acres 2 7,000 sq. ft.
80.00 acres and larger 2 8,000 sq. ft.
Scandia Planning Commission
Ordinance items from July 1 Meeting Page 5 August 5, 2014
5) Potential change to the definition of “outlots” in the Subdivision Ordinance
At the July Planning Commission meeting, members discussed the definition of
“unbuildable lots” and “outlots,” and indicated a desire to review the definitions.
Commissioners expressed concerns that if the definitions are not clear, a landowner
could try to avoid paying taxes by declaring a buildable parcel to be an “outlot” or
unbuildable lot.
The current definition of a Buildable Lot in the Zoning Ordinance is “A lot that
meets or exceeds all requirements of the City of Scandia Development Code
without necessity of variances.”
The current definition of “outlot” is in the Subdivision Ordinance. The definition of
Outlot is: “A lot remnant or any parcel of land included in a plat that is not
buildable at the time of platting. Such outlot may be a large tract that could be
subdivided in the future; or a lot which may be too small to comply with the
minimum size requirements of zoning and subdivision ordinances; or a lot
otherwise unsuitable for development and therefore not usable as a building
site.”
The Planner obtained some background information regarding the assessment of outlots
for tax purposes with the City Assessor, Frank Langer. Frank provided the following
information:
Outlots are created for two reasons on plats: 1) to hold land for a future phase of
development, or 2) to designate land that is not developable. If an owner
determines in the future that he/she wants to develop an area designated as an
“outlot,” they will need to create a new plat of the area.
Land in an outlot that is being held for a future phase of development is taxed as
“developable” land. The taxes are not as high as those for lots that have been
split and prepared for building, so developers need this option to be able to
phase larger developments over multiple years.
Land that is in an outlot because is not developable is taxed as such. Frequently
outlots are held by cities or associations as storm water ponds or other types of
open space, and taxed as open space.
Discussion
Scandia’s situation regarding the potential creation of smaller lots that may exceed the
density requirements of the ordinance is unusual among rural communities. Most
communities in the “rural” parts of the region as designated by the Metro Council have
minimum lot sizes of 10 acres. So there are few examples of ordinances that address
the Commission’s concern about the potential to create “outlots” that may later be
buildable.
It is probably desirable to continue to allow developers of larger tracts to designate
outlots so that development can be phased appropriately based on infrastructure
availability and market needs (such as Tii Gavo). The City probably also needs to
maintain the option to allow the creation of outlots for land that is not suitable for
Scandia Planning Commission
Ordinance items from July 1 Meeting Page 6 August 5, 2014
development due to physical characteristics, or to create open space or conservation
areas. The Commission’s desire is to prevent the use of outlots to create buildable
parcels that could later be approved for development that would exceed the density
requirements of the ordinance.
A change to the definition may not be needed, since the outlot definition states that
outlots must be lots that are not buildable, and with the recent change in the ordinance,
only 4 buildable lots can be created in any quarter-quarter section. If the Planning
Commission wants to provide more direction regarding outlots in the definition, the
Planner suggests the following modification of the outlot definition to address the
commission’s concerns:
“A lot remnant or any parcel of land included in a plat that is not buildable at the time
of platting due to the following: . Such outlot may It is be a large tract that could beis
intended to be subdivided in the a future development phase; or or it is a lot which
may beis too small to comply with the minimum size requirements or buildable area
requirements of zoning and subdivision ordinances; it is a lot that is unsuitable for
development due to its physical characteristics such as the presence of wetlands,
stormwater facilities or steep slopes; or it is a parcel that is dedicated as public or
private open space, or held within a perpetual conservation easement. or a lot
otherwise unsuitable for development and therefore not usable as a building site.”