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HomeMy WebLinkAbout2232-02 - ADMIN Ordinance - City Council - 2002/11/04ORDINANCE NO. 2232-02 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4, 36-73, 36-162, 36-163, 36-164, 36-165, 36-166, AND 36-167 DETACHED GARAGES AND OTHER ACCESSORY STRUCTURES AND USES THE CITY OF ST. LOUIS PARK DOES ORDAIN. Findings Sec. 1 The City Council has considered the advice and recommendation of the Planning Commission (Case No 02-24-ZA) Sec 2 The St Louis Park Ordinance Code, Sections 36-4, 36-73, 36-162, 36-163, 36- 164, 36-165, 36-166, and 36-167 is hereby amended by deleting stricken language and adding underscored language Section breaks are represented by *** Sec. 36-4 Definitions. *** Ground floor area means the lot area covered by a building measured from the exterior faces of exterior walls but excluding decks and terraces and detached garages which do not exceed -14 15 feet in height. *** Building Height — Pnncipal Building. A distance to be measured from the mean curb level along the front lot line or from the finished grade level for all that portion of the structure having frontage on a public nght-of-way whichever is higher to the top of the parapet er-reeftop equipment, whichever is higher, of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof; to the upper most point on a round or other arch type roof, or to the mean distance of the highest gable on a pitched or hip roof INSERT SKETCH EXAMPLES — See Attachment Height — Accessory Building A distance to be measured from the first story elevation, as defined by Building Code, to the highest point of the structure Height — Accessory Structure A distance to be measured from the lowest exterior grade at the base of the structure to the highest point of the structure. INSERT SKETCH EXAMPLES — See Attachment * * * Ordinance No. 2232-02 -2- Sec. 36-73. Yard encroachments. (a) The following shall not be encroachments on yard requirements provided no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement: *** (7) dnveways, parking areas, and pedestnan sidewalks subject to the requirements of Sec. 36- 162 and Sec. 36-361. (8) fences and retaining walls subject to the requirements of Sec 36-74 andprovided the retaining walls are necessary to correct grade differences and height is minimized via terracing where feasible Where a fence is attached to a retaining wall structure, the retaining wall shall be included in the fence height measurement. (b) The following shall not be encroachments on yard requirements for principal buildings provided no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement: (1) Bays and window wells not exceeding a depth of tthree feet or containing an area of more than 20 square feet. *** (4) Uncovered porches, stoops, patios or decks which do not extend above the height of the ground floor level of the principal building and are a minimum of two feet from any intenor side or rear lot line and 15 feet from any front lot line and do not encroach on any side yard abutting a street. *** (c) The following shall not be encroachments on rear and side yard requirements for accessory buildings: cornices, eaves and gutters; provided they do not extend more than eight inches into a required yard; and provided such encroachment is no closer than 16-inches_from all lot lines. Building overhangs shall also comply with the state building code. (d) The following shall not be encroachments on side and rear yard requirements provided no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement: *** (e) The following shall not be encroachments on rear yard requirements provided no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement: (1) balconies, detached outdoor picnic shelters, and recreational equipment. Ordinance No. 2232-02 -3- (2) swimming pools, whirlpools, saunas and tennis courts provided they are a minimum of 5 feet from the rear lot line, are enclosed by a pnvacy fence that screens the view from neighbonng properties, and any associated accessory structures such as the required fence, decks, patios, and heating equipment meet all Code requirements including subsections (a), (b), and (d) of this section, Sec. 36-74, and Sec.36-162. *** 36-162 RESTRICTIONS AND PERFORMANCE STANDARDS * * * (b) Definatcons. For the purpose of subsections (c)7, c(8, (c)9 and (c)10 of this section, the listed terms are defined as follows: *** (c) General Provasaons *** (7) Accessory structures shall comply with the following regulations: No accessory building shall be erected orlecated within a yard other than the rear yard, located within a side yard unless it abuts a street. No accessory building shall be located b. No accessory building erected in the rear yard of a comer lot shall be located within 15 feet of any property line abutting a street except that in an R 2 or R 3 distnct an c All detached garages and other accessory structures shall be cornpat+ble in design and materials to the principal structure on the parcel A detached garage located 60 feet or more from the front lot line shall meet the following locational provisions: 2. Garages where the building dimensions exceed 12 feet in height and/or 26 feet in and five feet from any other lot lines - - :: ! ! . uare feet. Except in the R 3 district, the total ground floor area of all accessory buildings shall -net exceed-cithcr 1,200 square feet or 25 percent of Ordinance No. 2232-02 -4- of this chapter. k All detached garages and other accessory buildings shall have a minimum 3/12 roof pitch or greater. a Location - 1. Accessory buildings shall be erected or located within the back yard as defined in subsection (b) above, except that a detached accessory building, designed and used as a garage and meeting the provisions of subsections 2 and 3 below, may be located within a side yard unless it abuts a street. No accessory building shall be located in the front yard as defined in subsection (b) above. 2 A detached garage located 60 feet or more from the front lot line shall meet the following locational provisions: i. Garages where the building dimensions do not exceed 15 feet in height and/or 26 feet in length or width shall be located a minimum of two feet from any lot lines. No arm 11 Garages where the building dimensions exceed 15 feet in height and/or 26 feet in length or width shall be located the following minimum distances from any lot lines: Distnct Min Interior Side Yard Min Rear Yard Min. to Alley R-1 9 feet 25 feet 2 feet R-2 7 feet 25 feet 2 feet R-3 9 feet 25 feet 2 feet in. Garages on alleys shall be located and designed to maintain adequate visibility and vehicle turning movements. iv. Eaves, overhangs, gutters or other extensions from the roof of the structure shall be located a minimum of 16 inches from any pioperty line. 3. No accessory building, including a detached garage, shall be located within a side or rear yard abutting a street. Ordinance No. 2232-02 -5- 4. No accessory building other than a detached garage meeting the requirements of subsection 2 above shall be located within three feet of any lot line. 5. All accessory buildings and structures shall be located to comply with the pnncipal building yard requirements unless exempt by this section or Sec. 36-73. 6 No accessory building or permanent structure shall be located in a drainage or utility easement without first obtaining approval of an encroachment agreement. b. Size — 1. Accessory buildings on single-family lots in the R-1, R-2 and R-3 Distncts and on non -conforming two-family lots: 1. The total cumulative ground floor area of all accessory buildings (detached garages, storage sheds and other accessory buildings) shall not exceed 25 percent of the area between the principal structure and rear lot line. ii the total cumulative ground floor area of all accessory buildings shall not exceed 800 square feet, unless approved as a conditional use. 2 Accessory buildings on conforming two-family lots in the R-3 or R-4 District. 1. The total cumulative ground floor area of all accessory buildings shall not exceed , _! a - . -r 25 percent of the area between the pnncipal structure and rear lot line 11. No single accessory building may exceed 800 square feet in total area and the cumulative area of all accessory buildings shall not exceed 1,200 square feet unless approved as a conditional use 3 The total cumulative ground floor area of all accessory buildings shall be smaller than the ground floor area of the pnncipal building on the lot. c. Height — 1 Detached garages — Shall not exceed 15 feet or 22 feet in height as measured in accordance with section 36-4 depending upon the location as specified in Sec.36- 162(c)7a above. 2. Parking ramps — Height is regulated by sections 36-166 and 36-167 3 Other accessory buildings and structures hall not exceed 15 feet in height as measured in accordance with Sec. 36-4 unless exempt by Sec. 36-78. 4. The height of all accessory buildings and structures shall be lower than the highest point of the pnncipal building unless exempt by Sec. 36-78. d. Design - Ordinance No. 2232-02 -6- 1. All detached garages and other accessory buildings shall be compatible in design and materials to the pnncipal building on the parcel. 2. All detached garages and other accessory buildings shall have a minimum 3/12 pitch on any roof section, unless approved as a conditional use. 3. No plumbing for kitchen or bathroom facilities (including but not limited to toilets and showers) is allowed in any detached garage or other accessory building. Hose bibs and utility sinks are allowed. 4. Floor drains in garages and other accessory buildings must be connected to sanitary sewer as approved by the City. 5 No part of any window, door. skylight 01 siimlai openings shall be located in the second story ot a detached garage unless appioved as a conditional use 6. Second stones of detached gal ages may only he used foi storage. unless another use is approved as a conditional use e. Accessory buildings as part of the principal buildings - Accessory buildings located less than six feet from a pnncipal building on the same lot shall be considered part of the pnncipal building for the purpose of applying provisions of this chapter. f Garages below grade level - Where the natural grade of a lot at the building line of a house is eight feet or more above the established curb level, a private garage may be erected within any yard provided one-half or more of its height is below grade level and it is located a minimum of ten feet from any street line and five feet from any side lot line. g. Permit required — All accessory buildings (including storage buildings 120 square feet or less in area) shall obtain a zoning or building permit pnor to installation and must be anchored in a manner approved by the city. *** 36-163 R-1 SINGLE FAMILY RESIDENCE DISTRICT *** (d.) Uses permitted with a conditional use permit. (5) Detached garages The following detached garage uses and featuies may be allowed as a conditional use. a Floor areas in excess of the square footage limitations of Section 36-162 (7), b, 1, ii, b Second stones used for other than storage purposes. • • • • Ordinance No 2232-02 -7- c Window, door, skylight or similar openings located in the second story d Roof pitch less than 3/12 slope. The conditions are as follows i. The area, bulk height, design or use shall have minimal impact on the use, enjoyment or property value of adjoining property ii The detached garage is compatible with the scale and character of the neighborhood ui Detached garage space is not be used for clwelling purposes (i e. bedrooms bathroom. kitchen or other snnilar uses) iv Garage space is not used for business or commercial purposes. iv The cumulative ground floor area of the detached garage and anv other accessoiy_ buildings does not exceed 25% of the back yard (e) Accessory uses. The following uses shall be permitted accessory uses in an R-1 district (1) Garages and other accessory buildings in conformance with Sec. 36-162. Pnvate garages no to exceed 800 square feet or 25 percent of the rear lot area, which ever is less (2) Off-street parking areas in conformance with Sec 36-162 and 36-361. (3) Pnvate swimming pool and tennis court in conformance with Sec 36-73. *** (6) Keeping of not more than two boarders or roomers by a resident family provided the living area for the boarders/roomers is within the pnncipal building and does not constitute a separate dwelling unit. (7) Living quarters of persons employed for domestic or medical purposes on the premises provided the living area for the domestic/medical household staff is within the pnncipal building and does not constitute a separate dwelling unit. *** 36-164 R-2 SINGLE FAMILY RESIDENCE DISTRICT *** (d) Uses permitted with a conditional use permit. *** (3) Detached gal ages Ordinance No. 2232-02 -8- The following detached garage uses and features may be allowed as a conditional use. a Floor areas in excess of the square footage limitations of Section 36-162 (7), b, I, u, b. Second stones used for other than storage purposes. c. Window, door, skylight or similar openings located in the second story. d Roof pitch less than 3/12 slope. The conditions are as follows: The area, bulk height, design or use shall have minimal impact on the use, enjoyment or pioperty value of adjoining property ii The detached garage is compatible with the scale and chaiactei of the neighbor hood v. Detached garage space is not be used for dwelling purposes (i e. bedroom, bathroom, kitchen or other similar uses). iv Garage space is not used for business or commercial purposes vi. The ground floor area of the garage and accessory building area does not exceed 25% of the rear yard area (e) Accessory uses. The following uses shall be permitted accessory uses in an R-2 district: (1) Garages and other accessory buildings in conformance with section 36-162 Pnvate garage) no to exceed 800 square feet or 25 percent of the rear lot area, which ever is less. (2) Off-street parking areas in conformance with Sec 36-162 and 36-361. (3) Pnvate swimming pool and tennis court in conformance with Sec 36-73. *** (6) Keeping of not more than two boarders or roomers by a resident family provided the living area for the boarders/roomers is within the pnncipal building and does not constitute a separate dwelling unit (7) Living quarters of persons employed for domestic or medical purposes on the premises provided the living area for the domestic/medical household staff is within the pnncipal building and does not constitute a separate dwelling unit. *** 36-165 R-3 TWO-FAMILY RESIDENCE DISTRICT • Ordinance No 2232-02 *** -9- (d) Uses permitted with a conditional use permat *** (4) Detached garages The following detached garage uses and features may be allowed as a conditional use a. Floor areas in excess of the square footage limitations of Section 36-162 (7), b, 2, 11 b. Second stones used for other than storage purposes c Window, door, skylight or similar openings located in the second story d Roof pitch less than 3/12 slope The conditions are as follows k The area bulk height. design or use shall have minimal impact on the use. enjoyment or property value of adjoining property. n The detached garage is compatible with the scale and character of the nei ghborhood. vii Detached garage space is not be used for dwelling purposes (i.e bedroom, bathroom, kitchen or other similar uses) iv Garage space is not used for business or commercial purposes viii The ground floor area of the garage and accessory building area does not exceed 25% of the iear yard area (e) Accessory uses. The following uses shall be permitted accessory uses in an R-3 distnct: (1) Garages and other accessory buildings in conformance with section 36-162. Pnvate garages no to exceed 800 square feet or 25 percent of the rear lot area, which ever is less. (2) Off-street parking areas in conformance with Sec 36-162 and 36-361. (3) Pnvate swimming pool and tennis court in conformance with Sec 36-73 *** (6) Keeping of not more than two boarders or roomers by a resident family provided the living area for the boarders/roomers is within the pnncipal building and does not constitute a separate dwelling unit. { Ordinance No. 2232-02 -10- ' (7) Living quarters of persons employed for domestic or medical purposes on the premises provided the living area for the domestic/medical household staff is within the pnncipal building and does not constitute a separate dwelling unit. *** 36-166 R-4 MULTIPLE FAMILY RESIDENCE DISTRICT *** (e) Accessory uses. The following uses shall be permitted accessory uses in an R-4 distnct: (1) Pnvate garages and parking spaces, provided they meet the requirements of Sec. 36-361 and 36-366. (2) Tennis court in conformance with Sec 36-73. (3) Pnvate swimming pool in conformance with Sec. 36-73. *** (8) Keeping of not more than two boarders or roomers by a resident family provided the living area for the boarders/roomers is within the pnncipal building and does not constitute a separate dwelling unit. (9) Living quarters of persons employed for domestic or medical purposes on the premises provided the living area for the domestic/medical household staff is within the pnncipal building and does not constitute a separate dwelling unit. *** 36-167 RC, HIGH DENSITY MULTIPLE FAMILY RESIDENCE DISTRICT (f) Accessory uses The following uses shall be permitted accessory uses in an R -C distnct: (1) Pnvate garage and parking space, provided they meet the requirements of section 36-361 and 36-366. (2) Tennis court in conformance with Sec. 36-73. (3) Private swimming pool in conformance with Sec. 36-73. *** (7) Keeping of not more than two boarders or roomers by a resident family provided the living area for the boarders/roomers is within the principal building and does not constitute a separate dwelling unit. (8) Living quarters of persons employed for domestic or medical purposes on the premises provided the living area for the domestic/medical household staff is within the pnncipal building and does not constitute a separate dwelling unit. Ordinance No 2232-02 *** -I1- Sec. 3. The contents of Planning Case File 02-24-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case Sec.4. This Ordinance shall take effect fifteen days after its publication Adopted by the City Council November 4, 2002 M pproved as to Form and Execution: Reviewed for Administration .00 0' ty Manager Attest. lq'tty Clerk • STATE OF MINNESOTA) SS newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Sailor , and has full knowledge of the facts stated below - (A) The newspaper has complied with all of the requirements constituting qualrfication as a qualified newspaper, as provided by Minn Stat §331A.02, §331A.07, and other applicable laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Thursday, the 14 day of November , 2002, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2002; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and pub - e • .f the notice: abcdefghgklmnopq Subscribed and sworn t or affirmed • efore me on this Oc day of -t 1 , '002. vwxyz BY. CFO Not ry Publianevvvvvvvvvw ✓vNvvv>nW o MERIDEL M HEDBLOM NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 1 31 2005 B o RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2.85 per line $ 6 20 per line $ 1 40 per line City of St. Louis Park , (Official Pubhcation) SUMMARY_ ORDINANCE NO. 2232.02 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO - ZONING BY AMENDING SECTIONS 96-4, 36-73, 36-162, 36163, 38.164, 36-165, 36166, AND 36-167 DETACHED GARAGES AND OTHER - ACCESSORY STRUCTURES AND USES The amendments are relative to clanfymg and amending defimtions and performance standards for the height and placement of detached garages and other accessory uses and structures in the single-family, two-family and multi- ple family residential zoning distracts This ordinance shall take effect 15 days after publication Adopted by the City Council November 4, 2002 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk - (November 14, 2002)A3/Ord 2232-02 Ord; kahc . Po. Zz3i-oZ hi /1&N‹ p/6,5,/ptp,-1-5-i. ,s • 7Fri bev."1 ri- FLAT 75,),(L; HIP ciAeLe • MANSA.ZD DECK u[ve'1.► SEED No4:e- , 11•42-- -1/to.o kmesw+cti=s a, --e_ J.-re__a.,:(17 • Ort.; hclvice • FiLDP()tSw . 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