HomeMy WebLinkAboutItem 09January 15, 2015
ZONING ORDINANCE AMENDMENT
JANUARY 20, 2015 CITY COUNCIL MEETING
Item No.
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance
amending Section 11-17-11.A.2.b of the Zoning Ordinance as presented.
Passage of this motion will clarify the setback requirements for terraces, steps, decks, and
stoops that are less than 30 inches above grade. The City Council tabled action on the Zoning
Ordinance amendment at their January 5, 2015 meeting.
Overview
Planning Department staff recommends approval of an ordinance amending Section
11 -17-1 1.A.2.b of the Zoning Ordinance concerning exceptions to the setback requirements
for terraces, steps, decks, and stoops. The reason for the amendment is to clarify the existing
language within this section of the Zoning Ordinance. The clarification is necessitated
because a Lakeville homeowner, through his attorney, recently expressed disagreement with
staff's interpretation of this section of the Zoning Ordinance and is seeking a reduced setback
for a deck that would be greater than 30 inches above grade.
The Planning Commission held a public hearing on the Zoning Ordinance amendment at
their December 18, 2014 meeting and unanimously recommended approval. There was no
public comment.
Primary Issues to Consider
• What will happen if this amendment is not approved?
Supporting Information
• Staff analysis of primary issues
• Ordinance amending Section 11-17-11.A.2.b of the Zoning Ordinance
• December 18, 2014 Planning Commission meeting minutes
• December 12, 2014 planning report
Daryl 4rey, Pla i g Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
Zoning Ordinance Amendment
January 20, 2015 City Council Meeting
Page 2
Staff Analysis of Primary Issues
What will happen if this amendment is not approved?
If the City Council affirms staff's interpretation of Section 11-17-11.A.2.b of the Zoning Ordinance
as recommended for Agenda Item 8, Notice ofAppeal, the City Council can either. 1) approve the
amendment in order to clarify the language in this section of the Zoning Ordinance, or 2) table the
amendment and direct the Planning Commission and staff to review and discuss the existing
language to determine if modifications to the deck setback exceptions should be considered.
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11, CHAPTER 17, SECTION 11
OF THE LAKEVILLE CITY CODE CONCERNING YARDS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 11-17-11.A.2.b of the Lakeville City Code is hereby amended
to read as follows:
b. For lots of record established after March
17, 2003: Except as may be limited within
environmental protection districts the
required side yard and rear yard setbacks for
terraces, steps, decks, and stoops that are
thirty (30) inches or less above grade shall
be:
(1) Side Yard: Five (5) feet, but not
encroaching more than five (5) into the
required side yard adjacent to a public
right-of-way.
(2) Rear yard: Ten (10)feet.
Section 2. This Ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED and ADOPTED by the Lakeville City Council this day of
, 2015.
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
ATTEST
BY:
Charlene Friedges, City Clerk
Planning CommJssfon Meeting Minutes
December 18, 2014
Page 8
There may be no direct driveway access to Hamburg Avenue between 200th Street
and 202nd Street. This applies to Lots 1 and 12, Block 23; Lots 9 and 10, Block 24; and
�pt 18, Block 25.
10. AI mer lots along Hamburg Avenue north of 2001' Street must have their driveway
es-om the adjacent side street. This applies to Lots 6-7, Block 1; Lots 13-14,
Block 2; t 11, Block 3; Lot 7, Block 4, Lot 5, Block 5; Lots 1, 8-9, Block 6, Lot 6, Block 7;
Lot 1, BI ; Lot 7, Block 9, Lots 1 and 13, Block 10, Lots 6-7, Block 11; Lots 4 and 7,
Block 12; an\002h
nd 20, Block 13.
11. All corner lot001 Street must have their driveway access from the adjacent
side street. Thies to Lot 29, Block 13; Lots 1 and 12, Block 14; Lots 19 and 25,
Block 15; Lot17; Lot 12, Block 19; Lots 1 and 23, Block 20, Lots 1 and 15,
Block 21; Lots k 22, and Lot 3, Block 23.
12. The existing hin plat area shall be abandoned and the existing septic
system and s shal a removed in compliance with state and local
requirementsg remova all require a demolition permit from the City prior
to removal.
13. Outlots A, B, C, D and E shall be deeddkto the City with the final plat.
14. Buffer yard landscaping shall be installea ccording to the approved landscape plan.
The White Fir trees at the rear of lot 17, BI 25 must be planted in staggered rows
no more than 15 feet apart and the two Aust Pines at the rear of Lot 16, Block 25
must be a minimum of 10 feet in height. A sec 'ty for the buffer yard landscaping
shall be submitted with the final plat.
15. The location and design of the proposed subdivisi monument sign on Lot 18,
Block 25 must be included on the final plat plans for for
ase of development. The
sign must be a maintenance -free style and incorporat with the buffer yard
landscaping.
16. That segment of 2001h Street between Hamburg Avenue and Cr Avenue must be
paved prior to the construction of the 2001' Street Intersectio with Hamburg
Avenue (proposed for Phase 3).
Ayes: Maguire, Drotning, Blee, Swenson
Nays: O
The City Council will consider final approval of the Berres Ridge preliminary plat at
January 5, 2015 meeting
11. City of Lakeville
Acting Chair Drotning opened the public hearing to consider an amendment to Section 11-
17-11.A.2 of the Lakeville Zoning Ordinance concerning exceptions to the setback
requirements for terraces, steps, decks, and stoops.
Planning Director Daryl Morey presented the planning report and stated that staff is
requesting the amendment in order to clarify the language in the ordinance, which has
Planning Comn;L%ion Meeting Mutes
December 18, 2014 Page 9
been in force since 2003. The intent of the ordinance is to allow setback exceptions for low-
lying decks that are no more than 30 inches off the ground. Recently a resident's permit
application for a deck expansion on an existing home was denied because it did not meet
the 30' rear yard setback requirement. The resident is appealing staffs interpretation of the
ordinance. This public hearing is for the purpose of clarifying the language in the ordinance
regarding terraces, steps, decks and stoops that are 30 inches or less off the ground. Mr.
Morey stated that planning staff recommends approval of the Zoning Ordinance
amendment, as presented.
Acting Chair Drotning opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Blee, seconded by Maguire to close the public hearing at 7:14
p.m.
Ayes: Swenson, Maguire, Drotning, Blee
Nays: 0
Commissioner Maguire asked the City Attorney to describe the original intent of the
ordinance in 2003. City Attorney Roger Knutson stated that the intent of the ordinance was
to ensure that the regulations are not ambiguous and to minimize potential impact to the
neighbors. Staff offered the applicant the option of waiting until the Planning Commission
could review potential amendments to the deck setback exceptions but the applicant
declined.
Acting Chair Drotning agreed that the Planning Commission should further review the
ordinance.
Motion was made by Blee, seconded by Maguire to recommend to City Council approval
of the amendment to Section 11-17-11.A.2 of the Lakeville Zoning Ordinance concerning
exceptions to the setback requirements for terraces, steps, decks, and stoops, as presented.
Ayes: Drotning, Blee, Swenson, Maguire
Nays: 0
The City Council will consider the Zoning Ordinance amendment at their January 5, 2015
meeting.
There being no further business, the meeting was adjourned at 7:19 p.m.
Respectfully submitted,
12:&". Vt4--'
Ju Hawkins, Deputy City Clerk
Memorandum
To:
Planning Commission
From:
Daryl Morey, Planning Director's
Date:
December 12, 2014
�?a No.
City of Lakeville
Planning Department
Subject: Packet Material for the December 18, 2014 Planning Commission Meeting
Agenda Item: Amendment to Section 11-17-11.A.2.b of the Zoning Ordinance
BACKGROUND
Planning Department staff is proposing an amendment to Section11-17-11.A.2.b of the
Zoning Ordinance concerning exceptions to the setback requirements for terraces, steps,
decks and stoops. The reason for the amendment is to clarify the existing language within
this section of the Zoning Ordinance. The clarification is necessitated because a Lakeville
homeowner, through his attorney, recently expressed disagreement with staff's
interpretation of this section of the Zoning Ordinance.
ANALYSIS
The existing language of Section 11-17-11.A.2.b of the Zoning Ordinance was approved by
the City Council in 2003. The intent of this section of the Zoning Ordinance was to allow a
reduced setback for terraces, steps, decks and stoops that are not more than 30 inches above
grade whereby these structures would not encroach on the privacy of adjacent properties by
overlooking neighboring yards and creating potential compatibility issues. This section of the
Zoning Ordinance has been enforced in that manner since it was approved in 2003.
A Notice of Appeal application has been submitted by attorney Mark Priore, on behalf of Pete
Weber who owns a single family home located at 21444 Hytrail Circle, to dispute staffs
interpretation of the Zoning Ordinance. Mr. Weber is seeking approval of a building permit to
construct a deck onto the rear of his house that would be set back less than 30 feet from the
rear lot line. Mr. Weber was informed that his deck must be set back at least 30 feet from the
rear lot line because it would be greater than 30 inches above grade.
As the Planning Director, I act as the Zoning Administrator for the City. When I was initially
contacted by Mr. Priore regarding this Zoning Ordinance requirement, I informed him that
Zoning Ordinance Amendment
December 18, 2014 Planning Commission Meeting
the Planning Commission typically discusses possible amendments to the Zoning Ordinance
during the winter months and that I would add a review of the deck setback requirements to
the list of possible amendment topics. Apparently this response was not satisfactory to Mr.
Priore and his client as they have since filed the Notice of Appeal application. This is the first
Notice of Appeal application that I am aware of since I started working for the City in 1988.
Appeals to the interpretation of the Zoning Ordinance by the Zoning Administrator are
processed under Chapter 7 of the Zoning Ordinance. The City Council serves as the board of
adjustments and appeals.
I have discussed Mr. Priore's argument with the City Attorney and our planning consultant
and we collectively agree that the attached draft ordinance amending Section 11-17-11.A.2.b
of the Zoning Ordinance would clarify the setback exception language consistent with the
intent of the ordinance language approved by the City Council and implementation of the
regulation since it was adopted more than 10 years ago. Approval of the draft ordinance
would render the Notice of Appeal request moot as the intent and implementation of the
Zoning Ordinance provision will have been reaffirmed by the Planning Commission and City
Council.
CONCLUSION
City staff has prepared an amendment to the Zoning Ordinance regarding setbacks
applicable to terraces, steps, decks and stoops to clarify the interpretation of the yard
regulations consistent with the intent of the Planning Commission and City Council's action in
2003 to adopt the language allowing structures only 30 inches or less in height to encroach
into required side or rear yards so as to maintain compatibility between adjacent properties.
Staff recommends approval of the Zoning Ordinance amendment as presented.
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