HomeMy WebLinkAboutItem -20W.S. 01TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
L',14lT1Wi7,11 LR11111,1
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 14 March 2014
RE: Lakeville — Zoning Ordinance; Residential Boarders
TPC FILE: 135.01 — 13.01
BACKGROUND
"Oorky SS)'os)
i tem Flo.
The City of Lakeville has initiated updates to the Zoning Ordinance pursuant to Section
11-3-1 of the Zoning Ordinance. These amendments included changes related to
allowance of residential boarders. City staff has drafted proposed amendments related
to these items and the Planning Commission conducted a public hearing on 6 February
2014 and recommended their approval. The City Council withheld approval of the
changes applicable to residential boarders for the purpose of further discussion. At
their work session on 24 February 2014, the City Council raised issues with
enforcement and potential unintended applicability of the proposed regulations. City
staff has reviewed the issued raised by the City Council and made changes to the
proposed language.
Exhibits:
A. Draft Zoning Ordinance amendment
ANALYSIS
The Zoning Ordinance currently makes allowance for boarding of up to two persons
within a single family dwelling as a permitted accessory use in all residential zoning
districts. The intent of this provision is to allow a homeowner the opportunity to rent
occupancy within their home to either persons known to them (but not family related) or
for financial reasons. The limit of two persons is intended to ensure that the boarding
of rooms does not intensify the use of the property to the point where compatibility
issues may occur within the neighborhood.
With the advent of the internet, the boarding of rooms has become a commercial
enterprise. Persons are able to advertise the availability of rooms for rent on a short
term basis providing lodging and functioning in a manner similar to that of a bed and
breakfast or hotel. The turnover in occupancy related to this type of boarding is
unusual for a residential neighborhood.
City staff reviewed the City Codes for Apple Valley, Burnsville and Bloomington as to
regulation of boarders within single family dwellings. The issue is unaddressed in Apple
Valley, Burnsville makes exception for boarding as an allowed use under a rental
housing ordinance and Bloomington's language is similar to Lakeville's current
regulations. Bloomington and Burnsville do not address the duration of the boarder's
occupancy, which is the potential conflict raised in Lakeville.
To ensure that the boarding of rooms occurs as a residential versus commercial activity,
City staff proposes amendments to the Zoning Ordinance to:
■ Revise the definitions of boarding room and hotel to clarify the characteristics of
each activity.
■ Delete definitions for boarding (house) home, foster children and boarding room.
■ Modification to the definition of family to include non -related persons that may be
typical long-term residents within a dwelling such as exchange students.
■ A definition of bed and breakfast establishments is also to be added to the
Zoning Ordinance.
■ Make boarding houses a use allowed and regulated the same as bed and
breakfast establishments under Section 11-33-3 of the Zoning Ordinance. Bed
and breakfast establishments are currently only allowed as a conditional use
within the RA, RAO and RS -CBD Districts.
■ The allowance of "boarding or renting of rooms" within a single family dwelling as
a permitted accessory use is to be modified as follows:
o The reference will change from "boarding or renting of rooms" to "renting
of rooms: to not more than two persons not related to the principal family.
o The use is to allowed by administrative permit within the AP, RA, RS -1,
RS -2, RS -3, RS -4, RS -CBD, RSMH, RST -1, RST -2, RM -1, RM -2, RHA
and RH-2 Districts and including performance standards that:
Limit occupancy to two persons unrelated to the principal family as
renters.
2
2. Establish a minimum 30 day rental period and limit the number of
rental agreements that can be entered into to two (one per allowed
renter) every 30 days.
3. Require provision of one off-street parking stall per renter in
addition to the two required for the single family dwelling.
CONCLUSION
The Planning Commission will review the revised amendments to the Zoning Ordinance
regulating residential boarders at a work session on 24 March 2014.
C. Frank Dempsey
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 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to revise the following definitions:
BOARDING HOUSE: A building other than a hotel where, for compensation and
by prearrangement for definite periods, meals er lodging ander meals are
provided to three -ermore persons; not of the principal family therein, pursuant
to previous arrangements and not to anyone who may apply,
FAMILY: An individual or group that maintains a common household and use of
common cooking and kitchen facilities and common entrances to a single
dwelling unit, where the group consists of:
A. Two (2) or more persons each related to the other by blood, marriage,
domestic partnership, adoption, legal guardianship, {iRGIuding foster
children3, and/or cultural or educational exchange program participants
hosted by the principal family; or
B. Not more than four (4) unrelated persons.
HOTEL: ARy buoldeRg or peFtien theFeef GGGUpied ar, the more OF lessA principal
commercial use providing temporary lodging of transient persons and guest
related services for compensation, whether the compensation be paid directly or
indirectly.
Section 2. Section 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to add the following definition:
BED AND BREAKFAST ESTABLISHMENT: A building, typically residential in
character, where for compensation lodging is provided to transient auests, and
where meal and/or beverages may be offered in connection with the provision of
sleeping accommodations.
Section 3. Section 11-2-3 of the Lakeville City Code (Definitions) is
hereby amended to delete the following definitions:
Section 4. Section 11-33-3 of the Lakeville City Code (Specialized
Housing Bed and Breakfast Establishments) is hereby amended to read as
follows:
11-33-3: BED AND BREAKFAST ESTABLISHMENTS AND BOARDING
HOUSES:
A. District Application: Bed and breakfast establishments and boarding
houses are allowed within the RA, RAO, and RS -CBD zoning districts
subject to the approval of a conditional use permit.
B. Conditions Of Approval: In addition to general standards and criteria
provided in Chapter 4 of this Title, a bed and breakfast establishment may
be allowed provided that:
A maximum of four (4) bed and bFeakfast units registered guest and
transient resident sleeving rooms may be established in a structure.
2. The facility shall have a state license (hotel and food), and comply
with building and fire codes as may be required or applicable.
3. The facility shall be owner or manager occupied.
4. The principal structure shall have a minimum size of one thousand
five hundred (1,500) gross square feet and shall be located on a lot
which meets the minimum lot size of the district in which it is
located.
5. All bed and bFeakfas reaistered auest and transient resident
sleeping rooms units shall be established within the principal
structure.
6. Not more than the equivalent of one1Lfull time person shall be
employed by the bed and bFea in the operation of the facility
who is not a resident of the structure.
7. Dining and other facilities shall not be open to the general public
but shall be used exclusively by the registered guests and transient
residents.
8. Two (2) off street parking spaces shall be provided for the home
plus one off street parking space for each bed and breakfast URR
reaistered guest and transient resident sleeping rooms. Parking
areas shall be screened and landscaped pursuant to subsection
11-19-7.1 of this Title.
9. Not more than one 1W identification sign not exceeding four (4)
square feet in area may be attached to each wall which faces a
street. The sign shall be reflective of the architectural features of
the structure and may not be internally illuminated or lighted
between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.
10. Adequate lighting shall be provided between the principal structure
and the parking area for safety purposes. Any additional external
lighting is prohibited.
Section 5. Section 11-46-7 of the Lakeville City Code (AP District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 6. Section 11-46-13 of the Lakeville City Code (AP District —
Administrative Permits) is hereby amended to add the following provision:
E. Rentina of rooms within an owner occupied dwelling unit to not more than
two (2) individuals who are each unrelated to the principal family as an
accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than two (2) rental
aareements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
3
Section 7. Section 11-47-5 of the Lakeville City Code (RA District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 8. Section 11-47-11 of the Lakeville City Code (RA District
Administrative Permits) is hereby amended to add the following provision:
E. Renting of rooms within an owner occupied dwelling unit to not more than
two (2) individuals who are each unrelated to the principal family as an
accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than two l2) rental
aareements within a thirty (30) day period.
2. There shall
be
one (1)
off-street parking stall provided for each
rental occupant
on the
property in addition to the parking stalls
required by
Chapter
19 of
this Title.
Section 9. Section 11-50-5 of the Lakeville City Code (RS -1 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 10. Section 11-50-11 of the Lakeville City Code (RS -1 District
Administrative Permits) is hereby amended to add the following provision:
G. Rentina of rooms within an owner occupied dwelling unit to not more than
two (2) individuals who are each unrelated to the principal family as an
accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the, property owner shall not enter into more than two (2) rental
a reements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
4
Section 11. Section 11-51-5 of the Lakeville City Code (RS -2 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 12. Section 11-51-11 of the Lakeville City Code (RS -2 District
Administrative Permits) is hereby amended to add the following provision:
G. Rentina of rooms within an owner occupied dwelling unit to not more than
two (2) individuals who are each unrelated to the principal family as an
accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more thantwo (2) rental
aareements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
Section 13. Section 11-52-5 of the Lakeville City Code (RS -3 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 14. Section 11-52-11 of the Lakeville City Code (RS -3 District
Administrative Permits) is hereby amended to add the following provision:
G. Rentina of rooms within an owner occupied dwelling unit to not more than
two (2) individuals who are each unrelated to the principal family as an
accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than two (2) rental
a reements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
Section 15. Section 11-53-5 of the Lakeville City Code (RS -4 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 16. Section 11-53-11 of the Lakeville City Code (RS -4 District
Administrative Permits) is hereby amended to add the following provision:
G. Rentina of rooms within an owner occupied dwelling unit to not more than
two (2) individuals who are each unrelated to the principal family as an
accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than two (2) rental
aareements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
Section 17. Section 11-54-5 of the Lakeville City Code (RS -CBD District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 18. Section 11-54-11 of the Lakeville City Code (RS -CBD
District Administrative Permits) is hereby amended to add the following provision:
F. Renting of rooms within an owner occupied dwelling unit to not more than
two (2) individuals who are each unrelated to the principal family as an
accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than two (2) rental
aareements within a thirty (30) day period.
2. There
shall
be
one(1) off-street parking stall provided for each
rental
occupant
on the property in addition to the parking stalls
required
by
Chapter
19 of this Title.
Section 19. Section 11-55-5.13 of the Lakeville City Code (RSMH District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 20. Section 11-55-11 of the Lakeville City Code (RSMH District
Administrative Permits) is hereby amended to add the following provision:
F. Renting of rooms within an owner occupied single family dwelling to not
more than two (2) individuals who are each unrelated to the principal
family as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than two (2) rental
a reements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
Section 21. Section 11-56-5 of the Lakeville City Code (RST -1 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 22. Section 11-56-11 of the Lakeville City Code (RST -1 District
Administrative Permits) is hereby amended to add the following provision:
G. Renting of rooms within an owner occupied single family_ dwelling to not
more than two (2) individuals who are each unrelated to the principal
family as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than two (2) rental
aareements within a thirty (30) day period.
2. There shall be one(1) off-street parking stall provided for each
rental occupant on the property in addition to the _parking_ stalls
required by Chapter 19 of this Title.
Section 23. Section 11-57-5 of the Lakeville City Code (RST -2 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 24. Section 11-57-11 of the Lakeville City Code (RST -2 District
Administrative Permits) is hereby amended to add the following provision:
G. Rentina of rooms within an owner occupied single family dwelling to not
more than two (2) individuals who are each unrelated to the principal
family as an accessory use provided that:
1. The minimum term for the renting of rooms shall be thirty (30) days
and the property owner shall not enter into more than two (2) rental
aareements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
Section 25. Section 11-58-5 of the Lakeville City Code (RM -1 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 26. Section 11-58-13 of the Lakeville City Code (RM -1 District
Administrative Permits) is hereby amended to add the following provision:
G. Rentina of rooms within an owner occupied single family dwelling to not
more than two (2) individuals who are each unrelated to the principal
family as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more thantwo (2) rental
aareements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
Section 27. Section 11-59-5 of the Lakeville City Code (RM -2 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 28. Section 11-59-13 of the Lakeville City Code (RM -2 District
Administrative Permits) is hereby amended to add the following provision:
G. Rentina of rooms within an owner occupied single family dwelling to not
more than two (2) individuals who are each unrelated to the principal
family as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than two (2) rental
aareements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
Section 29. Section 11-61-5 of the Lakeville City Code (RH-1 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 30. Section 11-61-11 of the Lakeville City Code (RH-1 District
Administrative Permits) is hereby amended to add the following provision:
F. Renting of rooms within an owner occupied single family dwelling to not
more than two (2) individuals who are each unrelated to the principal
family as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than two (2) rental
aareements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
Section 31. Section 11-62-5 of the Lakeville City Code (RH-2 District
Permitted Accessory Uses) is hereby amended to repeal the following provision
with subsequent provisions in this section renumbered:
Section 32. Section 11-62-11 (RH-2 District Administrative Permits) of
the Lakeville City Code is hereby amended to add the following provision:
F. Rentina of rooms within an owner occupied single family dwelling to not
more than two (2) individuals who are each unrelated to the principal
family as an accessory use provided that:
1. The minimum term for the rentina of rooms shall be thirty (30) days
and the property owner shall not enter into more than two (2) rental
aareements within a thirty (30) day period.
2. There shall be one (1) off-street parking stall provided for each
rental occupant on the property in addition to the parking stalls
required by Chapter 19 of this Title.
Section 33. This ordinance shall be effective immediately upon its
passage and publication.
10
ADOPTED this day of , 2014, by the City Council of the
City of Lakeville, Minnesota.
ATTEST:
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
Charlene Friedges, City Clerk
II
Council Work Session Minutes
February 24, 2014
5.
Page -4-
Heil discussed the 2016 Street Reconstruction Project which includes streets off of CSAH 50 in
the north Lake Marion area. This is an older platted area with very narrow streets, some of
which are not located within the right-of-way. Additional design considerations will be needed
as well as discussions with residents regarding street width, curb type, etc. Watermain
improvements proposed as part of the project will be funded by water operating funds. The
project provides an opportunity for storm water improvements which would improve water
quality of Lake Marion. Mielke asked if this means it is optional. that discussions are
being held with the watershed district regarding future chins t cy regarding this
issue. Currently there are no obligations for the City
there could be future requirements.
Council Member Anderson agreed there will be a nu
long-term impact on any existing structure would be
unique project area and looks forward to input fr
challenges. Meetings with the 2015 property
meetings for the 2016 property owners wi e
Council directed to staff to begin
and evaluation of both project q
right of way issues, etc. so infA
ts, but
that
king through the
himer of 2014;
of neighborhood meetings,
needs, easement needs,
change was the result of some complaints that
being rented on a daily basis and the number
was fMhd that there are rooms in single family homes being
websites, specifically airbnb.com and craig_slist.com. Staff
issues with the practice of renting rooms on a short-term
And there are conflicts within the zoning ordinance,
compatibility with single-family homes in the neighborhoods.
to the Council as part of a larger zoning ordinance amendment to
make some minor housekeeping changes. Morey explained that a permitted accessory use allows
an activity outright, provided the use is in compliance with the ordinance. An administrative
permit requires an application and staff review and approval. Mayor Little stated that one of his
main concerns is using Police resources for enforcement. Swecker supports adding this to the
zoning ordinance along with language to define "boarding". Council Member Davis asked if this
same ordinance would regulate a B&B. Morey stated that bed and breakfasts are allowed by CUP
in agricultural areas.
Council Work Session Minutes
February 24, 2014
Page -5-
Dan Licht of The Planning Company stated that the requirement for an administrative permit
adds an enforcement tool for staff. Davis agrees that people should be able to do what they want
with their property to a certain extent but also agrees with staff s recommendation to allow this
use with an administrative permit to help regulate. Boarders would be limited to two and must
rent for at least 30 days. Licht explained that the 30 day minimum provides a homeowner an
opportunity for a non -family rental as a secondary income.
Anderson asked if this would affect home trades and
amendment to restrict these activities. He believes " 1
in the ordinance. Licht stated that other provisions c
programs from this amendment. Anderson asked fo
LaBeau asked about short-term temporary housing
apply if the room was being turned over in less
"family" might also come into the situation i
to not allow the commercial rental of resi
Little stated there are several
support incidental rental of s
business. Anderson believes
rental of single family hom l,
He believes the am—Anent
it is not
as
be
ordinance
don
days.
about
does not want the
e clearly defined
:t exchange
transit. '?Ws would only
ied that the definition of
's intent is
existing neighbors.
is too broad. He would
: long-term commercial
sufficient to not allow nightly
oB&Bs in proper zoning with a CUP.
.ed consequences. Swecker supports the
consequence, clarifies other language in the
►r the homeowners and the neighbors.
It to eliminate foreign exchange or home trades, but to provide
ver, he believes that further definition and clarifications could
exchange student or a situation where the family receives
as a boarder. Licht believes the exception for foster care in the
, an additional exception could be added.
Council directed staff to continue to review and refine the language of the proposed ordinance
and to allow the Planning Commission an opportunity to review revisions before bringing the
amendment back to Council.
6. Chickens in Residential Zones
Council received information from Associate Planner Frank Dempsey outlining the question of
allowing residents to have chickens in an urban area, a topic which has come up for discussion