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HomeMy WebLinkAboutItem 06.iLakeville July 26, 2013 ZONING ORDINANCE AMENDMENT AUGUST 5, 2013 CITY COUNCIL MEETING Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Title 11 of the City Code (the Zoning Ordinance) concerning non - conforming single family homes in the RH -1, O -R, and C -CBD districts, and a summary ordinance for publication. Passage of this motion will allow non - conforming single family homes in the RH -1, O -R and C -CBD districts to construct one detached accessory building up to 120 square feet in area. Overview The Planning Commission and Planning Department staff recommends approval of the attached ordinance amending the Zoning Ordinance concerning non - conforming single family homes in the RH -1, O -R and C -CBD districts. The proposed amendment will allow non - conforming single family homes in the RH -1, O -R and C -CBD districts to construct one detached accessory building up to 120 square feet in area. The Planning Commission held a public hearing on the proposed Zoning Ordinance amendment at their July 25, 2013 meeting and recommended unanimous approval. There was public comment from one resident at the public hearing who expressed his support for the Zoning Ordinance amendment. Primary Issues to Consider • What prompted this Zoning Ordinance amendment? Supporting Information • Staff analysis of primary issues • Ordinance amending Title 11 of the City Code and summary ordinance for publication • July 25, 2013 draft Planning Commission meeting minutes • June 20, 2013 Planning Commission work session minutes •^ July,16,4Q1 3 TPC memorandum Daryl MVrey, Planking Director Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: Zoning Ordinance Amendment August 5, 2013 City Council Meeting Page 2 Staff Analysis of Primary Issues • What prompted this Zoning Ordinance amendment? This issue was raised by the owners of the existing single family home located at 8710 - 21 011 Street (the Kettelhuts) when they proposed to construct a detached accessory building on their property. The Kettelhut's home, which is located between Cross of Christ Community Church and the Lakeville School District offices, is zoned O -R, Office /Residential Transition District. Single family homes are not allowed in the O -R District. The construction of an accessory building on this lot is considered an expansion of a non - conforming use and is not allowed by the Zoning Ordinance. The Kettelhuts expressed their concerns to the Planning Commission at a work session held on June 20, 2013. The Planning Commission directed staff to prepare an amendment to the Zoning Ordinance to allow one detached accessory building up to 120 square feet in area for non - conforming single family homes generally in the area of downtown Lakeville. The proposed amendment prepared by planning consultant Daniel Licht covers non - conforming single family homes in the C -CBD District as well as the O -R and RH -1 districts. Staff has identified a total of eight non - conforming single family homes in these three districts as shown on Exhibit A attached to Mr. Licht's July 16 1 h memo. ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: Section 1. Section 11 -61 -9 of the Lakeville City Code is hereby amended to add the following provisions: E. Single family dwellings existing as of July 17, 2000 provided that: 1. The use shall be subject to the requirements applicable to single family uses within the RS -4 District. 2. One (1) detached accessory building not greater than one hundred twenty (120) square feet in area shall be allowed when the total area of said detached building and an existing attached accessory building would exceed the percentage of minimum lot area that may be occupied by accessory buildings established by Section 11- 18 -9.D.1 of this Title. 3. The interim use shall terminate upon subdivision or redevelopment of the property for a use allowed within the RHA District or as provided for by Section 11 -5 -7 of this Title. Section 2. Section 11 -70 -9 of the Lakeville City Code is hereby amended to include the following provisions: B. Single family dwellings existing as of July 17, 2000 provided that: �. The use shall be subject to the requirements applicable to single family uses within the RS -4 District. HI 2. One (1) detached accessory building not greater than one hundred twenty (120) square feet in area shall be allowed when the total area of said detached building and an existing attached accessory building would exceed the percentage of minimum lot area that may be occupied by accessory buildings established by Section 11- 18 -9.D.1 of this Title. 3. The interim use shall terminate upon subdivision or redevelopment of the property for a use allowed within the O -R District or as provided for by Section 11 -5 -7 of this Title. Section 3. Section 11 -74 -9 of the Lakeville City Code is hereby amended to include the following provisions: D. Single family dwellings existing as of July 17, 2000 provided that: �. The use shall be subject to the requirements applicable to single family uses within the RS -CBD District. 2. One (1) detached accessory building not greater than one hundred twenty (120) square feet in area shall be allowed when the total area of said detached building and an existing attached accessory building would exceed the percentage of minimum lot area that may be occupied by accessory buildings established by Section 11- 18 -7.D.1 of this Title. 3. The interim use shall terminate upon subdivision or redevelopment of the property for a use allowed within the C -CBD District or as provided for by Section 11 -5 -7 of this Title. Section 4. This ordinance shall be effective immediately upon its passage and publication. 2 Y ADOPTED this day of , 2013, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk SUMMARY ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE, THE ZONING ORDINANCE, CONCERNING NON - CONFORMING SINGLE FAMILY HOMES IN THE RH -1, O -R AND C -CBD DISTRICTS This ordinance amends Chapter 61, 70 and 74 of the City's Zoning Ordinance by adding single family dwellings existing prior to July 17, 2000 as an interim use in the RH -1, Multiple Family Residential District, the O -R, Office /Residential Transition District, and the C -CBD, Commercial Central Business District. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 5 ffi day of August, 2013. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk Planning Commission Meeting Minutes, July 25, 2013 7. City of Lakeville Chair Lillehei opened the public hearing to consider an amendment to Title 11 (the Zoning Ordinance) of the Lakeville City Code to allow existing single family dwellings as interim uses in the RH -1, Multiple Family Residential District, the O -R, Office /Residential Transition District, and the C -CBD, Commercial Central Business District. Dan Licht from The Planning Company presented the planning report. Mr. Licht stated that on June 20, 2013 the Planning Commissitim held a work session to consider issues related to the non - conforming stats of isting single family �qs residence located at 8710 210 Street (KettelhutIV He indicated - at that meeting City staff was directed to draft an amendmeri'to the Zoning Ordinance that would allow the construction of one small detachedsaccessory building on ts,property and other similar non - conforming single famil:`properties. : - _Aa. Mr. Licht explained that the Kettelhut propertyr...is zoned O -R, Office /Residential Transition District which does npt�Drovide for single family dwellings as an allowed use making the existing use of . 15 of the zoning Ordinance, whici expansion or intensification of the proposed construction. vf; a. detac conforming use states 46e, prop be allowed under - the provisio of .y non - conforming and subject to Section ton - conforming uses provided there is no �nf #sated thaflthe property owners have .ssory building, but because of the non - 1 expansion of the existing use would not 15 of the Zoning Ordinance. Mr. Licht explain that he.,A00 of recommend that the situation presented by the Kettelhut property be adl;ssect through, an exception to the non - conforming use regul but rather d0r' ess the non - conforming status of the use. - �_ Mf Licht explained; mntenm rimes and why the interim land use approach for existing siride family dwellings n certa zoning districts would be the best option to address the circumstances presented by the Kettelhut property. Chair Lillbbi .opened tai ' hearing to the public for comment. Denny KetteA 1 210 Street Mr. Kettelhut agreed with the July 16, 2013 planning report and thanked everyone for working with him and his wife on this issue. Motion was made by Boerschel, seconded by Drotning to close the public hearing at 8:39 p.m. Ayes: Reuvers, Grenz, Drotning, Swenson, Maguire, Boerschel, Lillehei Nays: 0 Planning Commission Meeting Minutes, July 25, 2013 Page 2 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Drotning wanted to make it clear to the Kettelhuts that the Zoning Ordinance amendment will address the non - conforming use issue for their property, but the property still has non - conforming setback and lot size issues that impact the use of the property. • The Planning Commission agreed with the interim use — ' approach to address this issue. • Clarified what is considered "redevelopment." Motion was made by Reuvers, seconded recommend to City Council approval of the Zoning Ordinance Amendment to alloWu sting single family dwellings as interim uses in the RH -1, Mul"Up 'Family Residential District, the O -R, Office /Residential Transition District, and the C -CBD, Commercial central Business District, as presented. �� Ayes: Grenz, Drotning, Swenson, Maguire; .Boerschel, Lillehei, Reuvers Nays: 0 There being no further business, tfae. m6ettng was adjourned at 8:43 p.m. CITY OF LAKEVILLE PLANNING COMMISSION WORK SESSION MINUTES June 20, 2013 Chair Lillehei called the work session to order at 6:55 p.m. Members Present: Chair Brooks Lillehei, Vice Chair Bob Boerschel, Joe Blee, Gerry Grenz, Linda Maguire, and Paul Reuvers Members Absent: Karl Drotning, Jason Swenson, ex- officio Shawn Fitzhenry Staff Present: Daryl Morey, Planning Director Others Present: Denny and Mary Jane Kettelhut Kettelhut Non - Conforming Property Discussion Planning Director Daryl Morey introduced discussion on the Kettelhut's non - conforming property situation. He stated the Kettelhut's would like to construct a detached accessory building on their property, which is zoned O -R, Office /Residential Transition District. Their single family home is non - conforming because single family uses are not allowed in the O -R District. He stated that construction of a detached accessory building is considered an expansion of a non - conforming use, which is not permitted by the Zoning Ordinance. Chair Lillehei asked Mr. Morey to clarify the difference between non - conforming uses, non - conforming lots, and non - conforming structures. Mr. Morey stated the Kettelhut's lot is non - conforming in terms of area and width and the house is non - conforming in terms of front and side yard setbacks. Ms. Kettelhut stated that this situation is ridiculous and they should be able to do what they want with their property. Mr. Kettelhut stated he does not like the term "non- conforming ". The Planning Commission asked how long the Kettelhut property has been considered non - conforming. Mr. Morey responded that the house was built in 1915 and the property has been zoned O -R or multiple family residential since 1969. The Planning Commission asked about the existing detached accessory building on the property. The Kettelhuts stated it was there when they purchased the property in 2003. Mr. Kettelhut stated he would remove the shed if allowed to construct a new one. Planning Commission Work Session Minutes - June 20, 2013 Page 2 Mr. Morey stated he had a conversation with City Attorney Roger Knutson prior to tonight's meeting and Mr. Knutson clarified that the City cannot grant a variance for the expansion of a non - conforming use. Mr. Morey stated he also spoke with Commissioner Drotning, who is unable to attend the work session this evening, regarding the Kettelhut's property and their proposed accessory building. Commissioner Drotning's recommendation is to allow detached accessory buildings up to 120 square feet for non - conforming single family uses in the Central Business District because of the uniqueness of this district. The Planning Commission questioned how many non - conforming single family uses there are in the Central Business District. Mr. Morey responded that staff will determine the number of non - conforming single family uses in the Central Business District prior to the Planning Commission public hearing on any Zoning Ordinance amendment. The Planning Commission directed staff to prepare an amendment to the Zoning Ordinance to allow detached accessory buildings up to 120 square feet for non - conforming single family uses in the Central Business District. The work session adjourned at 7:30 p.m. Ily submitted, Daryl Morey, Plan nirgDirector Brooks Lillehei, Chair 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.42 7.0520 TPCTPCPPlanningCo.com MEMORANDUM TO: FROM: DATE: RE: TPC FILE: BACKGROUND Daryl Morey Daniel Licht, AICP 16 July 2013 Item No. Lakeville — Zoning Ordinance; Non - Conforming Uses 135.01 — 13.01 The Planning Commission held a work session on 20 June 2013 to consider issues related to the non - conforming status of an existing single family dwelling located at 8710 210 Street ( Kettlehut). City staff was directed to draft an amendment to the Zoning Ordinance that would allow the construction of a small detached accessory building on this property and other similar non - conforming single family properties. Exhibits: A. Map of Selected Parcels within the MUSA B. Draft Ordinance ANALYSIS Subject Site. The Kettlehut property is zoned O -R, Office /Residential Transition District, which does not provide for single family dwellings as an allowed use making the existing use of the property non - conforming and subject to Section 15 of the Zoning Ordinance. Section 15 of the Zoning Ordinance regulates non - conforming uses stating that they may be continued in the same manner and condition as they were legally approved but that no expansion or intensification of the use is to occur. The property owners have proposed construction of a detached accessory building related to the existing single family use of the property. Because of the non - conforming use status of the property, construction of a detached ,accessory building would be defined as an expansion of the existing use and not allowed under the provisions of Section 15 of the Zoning Ordinance. Comprehensive Plan. The Comprehensive Plan establishes a 2030 Land Use Plan illustrating the anticipated pattern of development that is to occur over time. For the most part, the 2030 Land Use Plan is guiding the development of new land uses upon undeveloped sites. However, there are existing developed areas of the City for which a change of land use is planned based on the City's broadly defined land use goals as well as site specific factors such as surrounding existing or planned uses, infrastructure (utilities, streets, etc.) and other considerations. The 2030 Land Use Plan does not establish a timeframe for when the planned land uses are to occur. The timing of development is largely dependent upon initiation by the private sector, although the availability of utilities, streets or other public infrastructure is also a factor. For development (or redevelopment of an existing use) to occur, the property owner must consent either by proposing the development or selling the property to another party to bring forward a proposal. The Kettlehut property is an isolated single family lot surrounded by quasi - public uses that fronts and accesses to a major collector street with significant traffic volumes. The existing lot area and width of the property are less than the minimum requirements of any residential zoning district. Because of these factors, the 2030 Land Use Plan guides the subject site for future Office /Residential Transition use anticipating potential redevelopment either as part of the ISD 194 property to the east or incorporation as part of the Cross of Christ Church property to the west. Redevelopment of the subject site under either scenario would require a private agreement between the parties. Zoning Ordinance. The Zoning Ordinance, which includes a Zoning Map designating specific zoning districts for specific properties, is an official control established by the City for the purposes of implementing the Comprehensive Plan and regulating land use. Within the Twin Cities Metropolitan Area, the adoption of a zoning ordinance (including the zoning map) is required to be consistent with the comprehensive plan. The most basic meaning of this requirement is that the uses allowed by the zoning map must match that which are guided by the land use plan. Moreover, this requirement does not allow for an interim land use strategy to be used in cases where a redevelopment is planned to occur that provides for the zoning to be maintained for the existing use and then later changed in the future when a redevelopment guided by the land use plan is proposed. The effect of this requirement is that the existing uses of properties guided by the Comprehensive Plan for redevelopment become classified as non - conforming uses. Non - Conforming Uses. The Zoning Ordinance establishes separate zoning districts, each of which is an appropriate area for the location of uses that are allowed in the respective district. Section 15 of the Zoning Ordinance establishes regulations for lots, buildings and uses to be continued if they do not comply with the requirements of the Zoning Ordinance or are not allowed within a specific zoning district. The intent of these regulations, especially with respect to non - conforming uses, is that the property will eventually be brought into compliance with the Zoning Ordinance. Section 11- 15 -3.D of the Zoning Ordinance provides that any non - conforming lot, building or use that was legally established in compliance with the requirements of the Zoning Ordinance then in 2 effect is permitted to be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Maintenance of an existing non - conforming building or use protects the property owner's rights to that activity to which they were entitled to upon the property prior to it becoming non - conforming. However, expansion of a non - conforming building or use would be an intensification beyond the property owner's entitlements that could sustain continuation of the use contrary to the intent that the property be brought into compliance in time. The Zoning Ordinance was amended on 17 May 2010 to include Section 11- 15 -3.E and provide greater definition as to what would constitute an expansion of a non - conforming use: EXPANSION, ENLARGEMENT, OR INTENSIFICATION: Any increase in a dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operations to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city. The proposed addition of a detached accessory building would clearly be an expansion of the non - conforming single family use of the Kettlehut property as defined by the Zoning Ordinance. The addition of a definition of expansion was meant to avoid exceptions to the restrictions under which non - conforming buildings and uses are allowed to continue and protect the intent that non - conforming buildings and uses be brought into compliance over time. For this reason, our office would not recommend that the situation presented by the Kettelhut property be addressed through an exception to the non - conforming use regulations, but rather address the non - conforming status of the use. Interim Uses. The Zoning Ordinance provides for establishment of interim uses, which are those uses allowed to exist for a defined period of time. One of the applications of an interim use approach is to allow a use that is considered to be currently acceptable but would not be in the future based on planned development or redevelopment. Such an interim land use regulation would satisfy the requirements of State Statue that the Zoning Ordinance be consistent with the Comprehensive Plan without the implications of non - conforming status. An example of this interim use regulation is that the 2030 Land Use Plan guided the area east of 1 -35 and south of CSAH 70 for future office park land uses. The Zoning Ordinance was updated to include a district related to this proposed land use (O -P, Office Park District) and designated on the Zoning Map corresponding to the 2030 Land Use Plan. Within this area are several existing industrial uses that had developed in accordance with the previous 1 -1, Light Industrial District regulations. So as to avoid making these uses non - conforming as a result of the zoning change and potentially limiting continued operations or in -place expansion, the O -P District included the existing uses as interim uses subject to the same performance standards as were previously applied to the properties. The interim use permit provisions state that the allowed industrial use of the property terminates upon redevelopment or subdivision of the property for a use allowed within the O -P district. The existing uses are allowed to continue as they were originally approved and even expand with the termination of the industrial use determined by the property owner by their action to redevelop or subdivide. This same interim use approach may be applied to the Kettelhut circumstances. Given that the existing single family use presents no compatibility issues for the current or planned surrounding land uses, allowing continuation or expansion of the use would not be contrary to the intent of the Zoning Ordinance. However, this approach would apply not only to the Kettelhut property but to all existing single family dwellings within the O -R District. City staff has identified eight non - conforming single family dwellings within the O -R District and three within the C -CBD District all within the current MUSA. These single family uses within the O -R and C -CBD District are shown on the attached map. Additionally, existing single family uses in the RH -1, High Density Residential District that are currently outside of the MUSA would be in a similar situation when the MUSA is expanded and the RAO District allowing single family uses as a permitted use no longer applies. City staff foresees no compatibility issues caused by the continuation of the single family use to adjacent properties or action on the part of the City that would trigger the non - conforming use to terminate. The existing single family uses must recognize that these properties are identified for redevelopment and that more intensive uses may develop surrounding them creating possible reverse compatibility issues. These compatibility issues would be addressed to the extent provided for by the Zoning Ordinance, but based on the 2030 Land Use Plan and Zoning Ordinance the expectation must be that the more intensive land uses would be approved. Draft Amendment. City staff has drafted the following language to be included in the RH -1 District, O -R District and C -CBD District making existing single family uses an allowed interim use. The effective date of the interim use provision would be July 17, 2000 which was the date upon which a comprehensive revision of the Zoning Ordinance was adopted that initially put into place these zoning districts and addressed the consistency requirement between the Comprehensive Plan and Zoning Ordinance following approval of the 1998 Comprehensive Plan update. Note that the Kettlehut and other properties subject to the proposed language would be deemed to be allowed interim uses under these provisions when the amendment is adopted without the need to submit an interim use permit application. X. Single family dwellings existing as of July 17, 2000 provided that: 1. The use shall be subject to the requirements applicable to single family uses within the RS -4 District. 2. One (1) detached accessory building not greater than one hundred twenty (120) square feet in area shall be allowed when the total area of said detached building and an existing attached accessory building would exceed the percentage of minimum lot area that may be occupied by accessory buildings established by Section 11- 18 -9.D.1 of this Title. 3. The interim use shall terminate upon subdivision or redevelopment of the property for a use allowed within the [RH -1, O -R, C -CBD] District or as provided for by Section 11 -5 -7 of this Title. Within the proposed language, City staff has also included a provision allowing at least one detached accessory building up to 120 square feet to be built upon the property. This detached accessory building would be allowed even if the combination of accessory building area would exceed the maximum percentage allowed for the lot by Section 11- 18 -9.D.1 of the Zoning Ordinance and is necessary to address the Kettlehut situation. CONCLUSION City staff believes that the interim land use approach for existing single family dwellings in certain zoning districts is the best option to address the circumstances presented by the Kettelhut property. Allowing the existing single family uses to continue as interim uses removes the limitations of non - conforming status and allows the property owner to retain use of the property until they determine the timing for redevelopment. Furthermore, the City's interest in establishment of regulations to effectively control non- conforming lots, buildings or uses where potential compatibility issues or land use conflicts exist is maintained as is consistency between the 2030 Land Use Plan and Zoning Ordinance. We recommend approval of the proposed Zoning Ordinance amendment in the form attached hereto. 5 3Ad -�Ida30 OD-AVF I I DHUE - A- 3fnNDG- CIR GOO CT w o R m 70 /jam LO i I 3AV Hl'dcl� - Z .r, N3AVH c� �y H Pe w } H iVd :V j lh, D V/ \ 00 �D c / Q \ yldd :2l3cISy Q / U Odbb TRL r--� EKE u Z , J W V EXHIBIT A r 0 N ���V'P 3 s r VeM31AHJIH_Z o I I 3AV O _� AVaitoH 3�3AVAb:0110li � 3 = I '? u 3Atl_SNIIIOFI =o � ti c 3AV it OH U C3AV'110E —� ( � � � nom - �� W � � WON Q � lO i31S3W0H ~ CGS J 3AV llnH k I bo, 3TV tlIa391_ ' y Gj -W ,WE_N_lO ICEFALL WA- 20T_G F- /CEFALL� 3AV_GNV1301 M� - eaN o U U) >� 3AV tll,da L �- 3AV:X391 v � ' –� lO OHVCI —� gE W O7�// d:SIONI.III_z °N 3AV 3ON30NZ 1NDE4l Y6 O � 12 lJ co U) C) � Z W O Z U) U) m z J W J Q w Z cn J H U Lu Q .� CL CO V � ' LWW N Q N W V LLC)�0 LL z y E co U (� w0� Q o6U���c 021o�101 EXHIBIT A r 0 N ���V'P 3 s r VeM31AHJIH_Z o I I 3AV O _� AVaitoH 3�3AVAb:0110li � 3 = I '? u 3Atl_SNIIIOFI =o � ti c 3AV it OH C3AV'110E —� ( � � � nom - �� W � � WON – 3AV'ONV w = I, it J m ~ � � lO i31S3W0H C�_ 3AV_S3FI�JnFI u HuNTE?. I CGS J 3AV llnH k I bo, 3TV tlIa391_ ' y Gj -W ,WE_N_lO ICEFALL WA- 20T_G F- /CEFALL� 3AV_GNV1301 M� - eaN o >� 3AV tll,da L �- 3AV:X391 v � ' –� lO OHVCI —� gE W O7�// d:SIONI.III_z °N 3AV 3ON30NZ 1NDE4l Y6 O � 12 lJ EXHIBIT A ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE. THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: Section 1. Section 11 -61 -9 of the Lakeville City Code is hereby amended to add the following provisions: E. Single family dwellings existing as of July 17, 2000 provided that: 1. The use shall be subject to the requirements applicable to single family uses within the RS -4 District. 2. One (1) detached accessory building not greater than one hundred twenty (120) square feet in area shall be allowed when the total area of said detached building and an existing attached accessory building would exceed the percentage of minimum lot area that may be occupied by accessory buildings established by Section 11- 18 -9.D.1 of this Title. 3. The interim use shall terminate upon subdivision or redevelopment of the property for a use allowed within the RH -1 District or as provided for by Section 11 -5 -7 of this Title. Section 2. Section 11 -70 -9 of the Lakeville City Code is hereby amended to include the following provisions: B. Single family dwellings existing as of July 17, 2000 provided that: �. The use shall be subject to the requirements applicable to single family uses within the RS -4 District. 1 EXHIBIT B 2. One (1) detached accessory building not greater than one hundred twenty (120) square feet in area shall be allowed when the total area of said detached building and an existing attached accessory building would exceed the percentage of minimum lot area that may be occupied by accessory buildings established by Section 11- 18 -9.D.1 of this Title. 3. The interim use shall terminate upon subdivision or redevelopment of the property for a use allowed within the O -R District or as provided for by Section 11 -5 -7 of this Title. Section 3. Section 11 -74 -9 of the Lakeville City Code is hereby amended to include the following provisions: D. Single family dwellings existing as of July 17, 2000 provided that: �. The use shall be subject to the requirements applicable to single family uses within the RS -CBD District. 2. One (1) detached accessory building not greater than one hundred twenty (120) square feet in area shall be allowed when the total area of said detached building and an existing attached accessory building would exceed the percentage of minimum lot area that may be occupied by accessory buildings established by Section 11- 18 -9.D.1 of this Title. 3. The interim use shall terminate upon subdivision or redevelopment of the property for a use allowed within the C -CBD District or as provided for by Section 11 -5 -7 of this Title. Section 4. This ordinance shall be effective immediately upon its passage and publication. 2 ADOPTED this day of , 2013, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE m ATTEST: Matt Little, Mayor Charlene Friedges, City Clerk