CR2002-097 - Misc Zoning Amendments
" ' CITY OF
~
. HOPKINS
May 15,2002 Council Report 02- 79
ZONING ORDINANCE AMENDMENTS
Proposed Action.
Staff recommends the following motion: Move to adopt Ordinance 02-874, making
amendments to the zoning ordinance for second readin~ and ordered published.
Overview.
At various times the staff assembles sections of the zoning ordinance that need to be updated.
These amendments are to correct inconsistencies or problems the staff has identified or just
to update the ordinance. Several of the proposed amendments are basically housekeeping-
type amendments.
. Primary Issues to Consider.
. What are the proposed amendments?
. What has changed since the first reading?
Supporting Documents.
. Analysis of Issues
. Ordinance 02-874
TCt'crttt\ Ow'l C ~ ~r !i1\
Nancy S. Anderson, AICP
v
Planner
Financial Impact: $ N/A Budgeted: Y/N Source: I
~
Related Documents (CIP, ERP, etc.):
Notes:
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CR02-79
Page 2
. Primary Issues to Consider.
. What are the proposed amendments?
515 - ZoniDe code: policy~ definitions
515.07 Subd. 00 Bank: a corporation under public control, having a place of business where
credits are opened by the deposit or collection of money and currency, subject to be paid or
remitted upon draft, check or order, and where money is advanced, loaned on stocks, bonds,
bullion, bills of exchanges, and promissory notes, and where the same are received for
discount or sale; and all persons and co partnerships, respectively, so operating, are bankers.
New definition
515.07 Subd. 00 Credit Union - a cooperative society, incorporated for the twofold purpose
of promotin~ thrift among its members and creating a source of credit for them at legitimate
rate of interest for provident purposes.
New definition
515.07 Subd. 000. Closed Porch: a one story, covered entrance to a building, with full or
. partial walls and a separate roof that is not used for livable space.
515.07 Subd. 000. Open Porch: a one story, covered entrance to a building, and a separate
roof that is not used for livable space
Clarifying what a porch is.
Section 520 - Zoning: !!eneral provisions
520.09 Not encroachments. The following are not encroachments on yard and setback
requirements:
1) In front yards eaves that are supported and do not project more than six feet into the
porch front yard setback.
Allowing eaves to be larger in the setback area. (Recommended by Planning
Commission)
Section 525 - Zonin!!: administration and enforcement
525.13 Subd. 15. j) a development in the B-2 zoning district may require a parking study. If
. it is determined that a project requiring a conditional use permit will have a parking shortage,
the City may require that the applicant provide on-site parking, enter into an agreement to
pay the costs of off-site parking, or a combination of both.
CR02- 79
Page 3
. May require on-site parking in the B-2 if it is determined there will be a parking
shortage.
. What has changed since the first reading?
The setback for porches came up last year regarding a request for a variance at 101
Interlachen Road. Attached is the report for this variance. At the Zoning and Planning
meeting regarding this variance, the Commission felt that an open porch was different from
an enclosed porch, but the ordinance did not distinguish between the two. The applicants
requested a variance to have a lesser setback than the 20-foot front yard setback for a porch.
The applicants lacked a hardship, so staff was directed to draft an ordinance that would allow
"open porches" with a lesser setback. The ordinance was drafted to allow eaves to extend
farther into the setback area and the definition for a porch was proposed to be amended. The
amended definition defines a porch as having full or partial walls.
The ordinance has now been amended to define "closed" and "open" porches. The section of
the ordinance in which that the PImming Commission recommended allowing longer eaves
into the setback area is still in the ordinance with the notation that it was recommended by
the Commission. If the ordinance is adopted without the longer eaves amendment, the 101
Interlachen addition will not be able to be constructed as proposed without a variance. Under
the new definition, the proposed addition to 101 Interlachen would be an open porch.
. The issue that is not resolved is whether a closed porch would be considered part of the
house and would not be subject to the lesser 20-foot setback requirement.
What is not resolved is the question that if enclosing a porch makes the porch then part of the
house and not subject to the lesser 20-foot setback requirement. Staff recommends that this
issue be referred to the Planning Commission for discussion.
Altern atives.
1. Approve the amendments to the zoning ordinance. By approving the amendments to the
zoning ordinance, will be amended.
2. Deny the amendments to the zoning ordinance. By denying the amendments to the zoning
ordinance, the zoning ordinance will not be amended. If the City Council considers this
alternative, findings will have to be identified that support this alternative.
3. Continue for further infornlation. If the City Council indicates that further information is
needed, the item should be continued.
.
. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2002-274
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of Hopkins as follows:
That the Hopkins City Code Section 551-570 be, and the same is hereby amended, as
follows:
515 - Zonin2 code: policv~ definitions
515.07 Subd. 00 Bank: a corporation under public control, having a place of business where
credits are opened by the deposit or collection of money and currency, subiect to be paid or
remitted upon draft check or order, and where money is advanced, loaned on stocks, bonds,
bullion, bills of exchanges, and promissory notes, and where the same are received for discount
. or sale; and all persons and co partnerships, respectively, so operating, are bankers.
515.07 Subd. 00 Credit Union - a cooperative society, incorporated for the twofold purpose of
promoting thrift among its members and creating a source of credit for them at legitimate rate of
interest for provident purposes.
515.07 Subd. 000. Closed Porch: a one story, covered entrance to a building, with full or partial
walls and a separate roof that is not used for livable space.
515.07 Subd. 000. Open Porch: a one story, covered entrance to a building, and a separate roof
that is not used for l1vable space
Section 520 - Zonin2: 2eneral provisions
520.09 Not encroachments. The following are not encroachments on yard and setback
requirements:
f) In front yards eaves that are supported and do not pro;ect more than six feet into the porch
front yard setback.
Section 525 - Zonin2: administration and enforcement
. 525.13 Subd. 15. j) a development in the B-2 zoning district may require a parking study. If it is
.
. detennined that a proiect requiring a conditional use permit will have a parking shortage, the
City may require that the applicant provide on-site parking, enter into an agreement to pay the
costs of off-site parking, or a combination of both.
Other uses listed in Sections 515, 520, and 525, are to be renumbered accordingly.
First Reading: May 7, 2002
Second Reading: May 21,2002
Date of Publication: May 29,2002
Date Ordinance Takes Effect: June 18, 2002
Eugene J. Maxwell, Mayor
. ATTEST:
Terry Obem1aier, City Clerk
APPROVED AS TO FORM AND LEGALITY;
City Attorney Signature Date
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