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HomeMy WebLinkAbout[07] Side Yard Setback~ crr~~ oN ~'r..unh.rEi MEETING DATE: AGENDA ITEM: SUBMITTED BY: STAFF RECOMMENDATION: Council Agenda Item / May 4, 2009 Request to Reduce Side Yard Setback Administration PREVIOUS PLANNING COMMISSION ACTION: When the Zoning Ordinances were updated in 200 the City changed the side yard setback to 10 feet on both sides. Prior to this the setback was 10 feet on the principal structure side and 5 feet on the garage side. BACKGROUND INFORMATION: To provide you with additional information I have attached the Ordinances from the surrounding Cities. As you can see our Ordinance is consistent with the surrounding Cities. This matter has been placed on the agenda as the City Office received a request to reconsider the Ordinance. The letter of request mentions the protective covenants and the use of such for property management. Unfortunately the City has no control or ability to enforce protective covenants. Covenants are enforced by the neighborhood or affected property owners, they are not used to enforce Ordinances. ATTACHMENTS: Extract of the Area City Ordinances. REQUESTED PLANNING COMMISSION ACTION: Determine if this matter should be pursued and the Ordinance Amended. A public hearing would be required to amend and Zoning Ordinance. City of St. Joseph planning Commission April 5, 2009 Dear Planning Commission; 1 am writing in regards to reviewing and having the property set back ordinance changed. We built our house in 1993 with the intentions of adding on to our garage at a later date; we are now at that point. To find out that we can no longer build a respective looking or functional garage due to the changes made to the set back ordinances by city officials is highly distressing. The protective covenants for our development lists a five foot garage side set back which is the same as the city ordinance was when we built. Please find below reasons why the current set back ordinance should be reviewed and changed for all persons in the city: 1 was informed that it was changed since 1993 as some persons felt buildings were being constructed too close to their property line. We do currently live in the city and not the country. If a neighbor wishes to build on their property, they can keep our city looking nice, but still increase our tax income with improved property values as the additions are built. The protective covenants for a development are put in place to protect the neighborhood by keeping it pleasing for all residents. Each neighborhood already has a rule agreed upon by the developments members and that can be reviewed prior to moving into the neighborhood. The actual need for a setback is as follows 1: utility companies need to access "easements" to service their services. 2: homeowner needs to be able to maintain his property. I wished to build an addition to my garage this spring, however, due to the positioning of my home on my lot and the current setback ordinances the completed garage would be so long and narrow it would be unsightly. The garage would be more visually appealing if some of the size could be transferred to the setback side Thank you for your consideration John Walz 205 Pondview Lane E St Joseph MN 56374 320-363-7538 zY:ff~IV~~ APP 0 ~ 2000 Please feel free to contact me with any further question. c::~TY CAF S?~. JOSEPH ORDINANCE 52 ZOl\TING ORDINA'.VCE c) .Average width of not less than 75 feet and an average depth of not less than 125 feet. Subd. 7: Setback Requirements. a) Front yard setbacks of not less than 30 feet on all public right-of--ways, unless: 30 percent or more of the frontage on the sane side of the street between two intersecting streets is unproved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of proposed structure or, 2. if there are residences upon only one side, then beyond the straight line projected from the front of the nearest residences. 3. Nothing in this regulation shall be interpreted to require a front yard of more than 50 feet. 4. Where the street is curved, the line shall follow the curve of the street rather than to be a straight line. b) Side yard setbacks shall be ten (10) feet from the property line for the main stricture and any garage or accessory structure. Where the side yard abuts a public right of way, the side yard setback shall be thirty (30) feet from the main structure and any garage or accessory stricture. Section 12.27, SuUd- 7b amended 1 X07 c) Rear yard shall have a depth of not less than 20 percent of the depth of the lot. d) No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. Subd. 8: Height Requirements. a) '~Io building shall exceed 2~/z stories or shall it exceed 35 feet in height. Berming the building does not allow a building to be constructed higher than 35 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 9: Site Coverage. a) No structure or combination of structures shall occupy more than 30% of the lot area. 52.27-4 Waite Park Zoning Ordinance P. Fences as set forth in Section 52.49.05 of this Ordinance. O. Accessory uses not specifically permitted by this paragraph shall be prohibited unless authorized by an interim use permit granted pursuant to Section 52.51.03 of this Ordinance. Subd. 6. Lot, Yard, Area and Height Requirements. A. Lot Area. 11,000 square feet. B. Lot Width. Each lot shall have a minimum width of seventy-five (75) feet at the front setback line and a minimum width of twenty (20) feet at the rear lot line. C. Minimum Frontage on Public Street: 50 feet. D. Front Yard Setback. The front yard setback in the R-1 Residential District shall be a minimum of at least thirty feet (30'). E. Side Yard Setback. The side yard setback in the R-1 Residential District shall be ten feet (10'). Corner lots shall have two front yards. F. Rear Yard Setback. The rear yard setback in the R-1 Residential District shall be twenty (20) feet for a principal structure and ten (10) feet for an accessory structure. G. Wetland setbacks per Section 52.11, Subd. 7(d) of this Ordinance. H. Height. Maximum height of buildings is two stories or thirty-five (35) feet. I. Lot Coverage. Maximum aggregate impervious surface coverage: sixty percent (60%). Subd. 7. Yard Cover. All landscaping required by this ordinance shall be installed prior to occupancy or commencement of a use. If the landscaping cannot be installed prior to occupancy or commencement of a use because of climatic conditions, the building inspector may issue a temporary certificate of occupancy and grant a delay of landscaping installation until the calendar date of July 1 immediately following the date of said temporary certificate of occupancy. Every yard on a premise shall be provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards shall be maintained consistent with prevailing community standards. Motor vehicles may not be left parked or unattended on or within a yard. Grass shall be maintained in compliance with the weed ordinance and so not to exceed a height of eight (8) inches. Subd. 8. Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, shoreland, signs, etc. Waite Park Zoning Ordinance Page 44 Article 8. Residential Districts 8.1 PURPOSE 8.2 PERMITTED AND CONDITIONAL USES 8.3 BULK AND SETBACK REGULATIONS 8.4 ADDITIONAL SETBACK REQUIREMENTS 8.5 GENERAL STANDARDS OF APPLICABILITY 8.1 PURPOSE A. Purpose of RR Rural Residential District The purpose of the RR Rural Residential District is to establish and preserve areas within the City where agriculture, very low density development or open space is a current and proper use, but which, in the future, may gradually be required for expansion of urban development as urban facilities and services become available, and preserve said land in agricultural or open space usage and in large parcels until capital funds for the extension of urban facilities and services are committed in an adopted capital improvement program. Although the predominant use within the RR District is intended to be agriculture, other quasi-urban uses are also permitted, including scattered non-farm residences facilitating an orderly transition from agricultural and rural uses to urban uses. B. Purpose of R-1 Single-Family Residential District The purpose of the R-1 Single-Family Residential District is to provide for and preserve single- family residential development on larger lots within the City. The R-1 District provides for limited non-residential uses that are compatible with surrounding residential neighborhoods. C. Purpose of R-1A Single-Family Residential District The purpose of the R-1ASingle-Family Residential District is to provide for and preserve single- family residential development within the City on traditionally smaller lots. The R-1A District provides for limited non-residential uses that are compatible with surrounding residential neighborhoods. D. Purpose of R-2 Single-Family and Two-Family Residential District The purpose of the R-2 Single-Family and Two-Family Residential District is to provide for, and preserve, two-family residential development, as well as single-family dwellings. The R-2 District also provides for limited non-residential uses that are compatible with surrounding residential neighborhoods. E. Purpose of R-3 Lodging House, Fraternity and Sorority House Residential District The purpose of the R-3 Lodging House, Fraternity and Sorority House Residential District is to accommodate multi-tenant residences in those areas, such as the university neighborhood, where there is demand for these housing types, as well as single-family and two-family residential development. The R-3 District also provides for limited non-residential uses that are compatible with surrounding residential neighborhoods. City of St. Cloud, Minnesota Article 8: Land Development Code Article 8 -Page 1 Residential Districts TABLE 8-1: RESIDENTIAL DISTRICTS PERMITTED AND CONDITIONAL USES DISTR ICTS USES RR R-1 R•1A R-2 R-3 R-3A R-4 R-5 R-6 R-7 USE STANDARD Animal e Trans ortation Uses RR R-1 R-1A R-2 R~3 RSA R-4 R-5 R-6 R•7 Air ort C C C C C C C Heliport C C C C C C C Induatrlal U:es RR R-1 R-1A R-2 R~ RSA R-4 R~ R-6 R-7 Mineral Extraction e C FOOTNOTES TABLE 8.1 ' All properties with livestock must have a Waste Utilization Plan (according to NRCS Standard 633) approved by the applicable county soil and water conservation district and comply with all MPCA permitting requirements. s Subject to species approved by City Park Department. The sale or display of a product or commodity that is readily visible and accessible by non-residents of the property or building are prohibited. a Maximum of two per zoning lot. ° In the R-1, R-1A and R-3A, temporary shelter facilities are limited to serving 4 or fewer persons. In the R-2 District, temporary shelter facilities are limited to serving 6 or fewer persons. s In the R-1 District, a golf course may include an accessory miniature golf course. Unless noted, miniature golf courses are not permitted as part of a goK course. e Maximum building area of three thousand (3,000) square feet of gross floor area. 8.3 BULK AND SETBACK REGULATIONS Table 8-2: Residential Districts Bulk and Setback Regulations establishes bulk and setback regulations for the residential districts. TABLE 8-2: RESIDENTIAL DISTRICTS BULK AND SETBACK REGULATIONS DISTRICT BULK AND SETBACK REQUIREMENTS RR BULK REQUIREMENTS Minimum Lot Area 10 acres Minimum Lot Width 300 ft Minimum Lot De th 300 ft Maximum Lot Covera a 30% Maximum FAR 0.6 Maximum Buildin Hei ht 35 ft Minimum Driveway Separation (excluding farm field a roaches 300 feet on collector or arterial street aximum Animal Density',z .5 equine per acre .5 cattle per acre 1.5 swine per acre 2 cervidae per acre (e.g. deer) 2.5 goats and/or sheep per acre 12.5 large poultry per acre (e.g. turkeys, ducks, etc.) 25 small oult and animals er acre e.. chickens, rabbits, etc. SETBACK REQUIREMENTS Front Setback 30 ft Interior Side Setback Residential use: 10 ft Non-Residential Use: 30 ft Street Side Setback 30 ft Rear Setback 30 ft City of St. Cloud, Minnesota Article 8: Land Development Code Article 8 -Page 4 Residential Districts M. Gazebos. N. Playhouses, not exceeding 220 square feet in gross area. O. "Accessory apartments" as defined and regulated by this Title and under the permit procedures in Section 10-8-12 of this Title. P. Off street parking/loading subject to Section 10.10 of this Title. 10-5B-5: LOT, YARD, AREA AND HEIGHT REQUIREMENTS: As provided for in Table 1: Residential Lot Requirements. A. Lot Area: Nine thousand five hundred (9,500) square feet. B. Lot W idth: Each lot shall have a minimum average width of seventy-five feet (75') (in new plats). Each lot shall have a minimum frontage on a public street of fifty feet (50'). Lots within a subdivision or plat recorded prior to the enactment of the Ordinance codified in this Title which are smaller in width or in area than the minimum as set forth in this Title and separately owned may be utilized for asingle-family dwelling if the area is at least five thousand (5,000) square feet and setback requirements are attained. C. Front Yard Setback: The front yard setback in the R-1 Residence District shall be thirty feet (30') D. Side Yard Setback: The side yard setback in the R-1 Residence District shall be ten feet (10'). Except corner lots on which the side yard on the intersecting street shall be not less than thirty feet (30'). E. Rear Yard Setback: The rear yard setback in the R-1 Residence District shall be thirty feet (30'). F. Detached accessory structures greater than 120 square feet shall be setback ten (10) feet from side and rear lot lines. Detached accessory structures less than 120 square feet shall be setback 6 feet from the side and rear lot lines. G. Parking pads shall not located within any easement areas within the lot. H. Decks and patios part of the principal structure shall be setback a minimum of twenty (20) feet from the rear yard line. Height: Maximum height of buildings may be two (2) stories or thirty-five feet (35') whichever is less. Lot Coverage: Not more than thirty-five percent (35%) of a lot or plot of land shall be occupied by buildings. K. Decks, patios, open and screened porches (as defined by Chapter 2 of this code) part of the principal structure shall be setback a minimum of twenty (20) feet from the rear yard line. S c. r -~-e f I Subdivision 4. Area, Height, Frontage and Yard Requirements. The following minimum requirements shall be observed on all lots: A. Lot Area. The lot area shall be at least 9,000 square feet, except lots platted before February 1, 1965 shall be at least 6,000 square feet, and lots platted between February 1, 1965 and July 21, 1997 shall be at least 8,000 square feet. B. Lot width. The lot width shall be a minimum of 75 feet at established building line and 30 feet at the front lot line, except lots platted before February 1, 1965 shall have no lot width requirement and lots platted between February l , 1965 and shall be a minimum of 65 feet at the established building line and 30 feet at the front lot line. C. Side yard setback. For lots platted prior to February 1, 1965 the side yard setback is 5 feet, and for lots platted after February 1, 1965 the side yard setback is 10 feet for any principal structure, except that: 1. The side yard setback on all corner lots shall be 10 feet; 2. There may be a 5 foot setback adjacent to any portion of an attached non-occupied garage; 3. There may be a 5 foot setback for any accessory building on the lot; 4. The side yard setback for decks shall be five feet; or 5. Where the property is served by an alley or service road the setback shall be 18 feet for structures which can be used as garages where the vehicle entrance faces the alley or service road. D. Lot depth. The lot depth shall be 120 feet, except for lots platted before June 6, 1977, which have no lot depth requirement. E. Front yard setback. The front yard setback shall be 25 feet. The City Building Inspector may vary this requirement to provide for previously established building lines with right of appeal to the City Council. F. Rear yard setbacks. The rear yard setback shall be 1/4 of the lot depth, except for accessory buildings, which shall be set back 3 feet from the rear lot line or 18 feet if it can be used as a garage with the vehicle entrance facing the rear lot line. For corner lots and irregular shaped lots the rear yard setback shall not be less than l 8 feet. G. Floor-area-ratio. The floor-area-ratio shall not exceed .35; which means not more than 35% of the lot area may be used for floor areas of all buildings on the lot. H. Height. No structure or building shall exceed 35 feet above grade. No structure or building shall exceed 28 feet on a lot platted before February 1, 1965. "A Frame" type houses shall have a peak no higher than 40 feet from the grade plane. I. Conditional Uses. Any Conditional Use other than a townhouse, twin home or accessory apartment shall be located at least 40 feet from the side lot line. J. Site Plan. With the exception of one-family detached dwellings, all other structures shall require site plan approval pursuant to Section 10.06A of this Chapter. sa c~ ~ f~`~' ,~ E ~~S Subdivision 4. Height, Yard and Lot Coverage Regulations. Height Regulations: Thirty (30) feet or a maximum of thirty-five (35) feet provided the provisions of Section 17, Subd. 4 are met. 2. Front Yard Regulations: There shall be a front yard having a depth of no more or no less than twenty-five (25) feet, except that in a block where two or more residences have been erected facing the same street, the setback for remaining lots in that block fronting on the same street shall be determined by the average setback of existing buildings. In the unusual case where the twenty-five (25) foot setback is not practical, the Zoning Administrator and Building Inspector, upon review and coordination, may increase but not reduce the setback requirement. b. There shall be a front yard on each street side of each corner lot except that for corner lots of record as of January 21, 1971, the front yard on the side street may be reduced to a depth of not less than fifteen (1 S) feet, providing that setback conforms to average setback of other houses within the block facing the same street. c. Upon parcels for which the Front Yard abuts a Cul-de-sac the Front Yard shall be not less than twenty-five (25) feet and not more than forty (40) feet. The setback shall be determined within the following parameters: 1) No Structure shall have a Setback Line which is more than ten feet greater than the Setback Line of a Structure located adjacent to the property and adjoining the same right-of--way. 2) There shall be at least eighteen feet of buildable area behind the structure. 3) A Front Yard greater than twenty-five (25) feet shall be permitted only if the Zoning Administrator determines that such additional setback shall not adversely affect the neighborhood. d. The Front Yard shall be landscaped and no off-street parking or other accessory uses shall be permitted except as would be characteristic and in harmony with the purposes of an R-l District. Side Yard Regulations: Each lot shall have two (2) side yards, each such yard having a width of not less than ten (10) feet. 4. Rear Yard Regulations: Each lot shall have an unoccupied rear yard having a depth of not less than twenty-five (25) percent of the lot depth, except that accessory buildings and uses as stipulated in Subdivision 2, 8a and 8b of this Section shall be allowed. This depth shall be determined using the following techniques: a. Regular-shaped Lots. The lots within this category are, or generally resemble, a parallelogram. A point twenty-five percent of the length of each Side Lot Line, 34