VII.4. First Reading: Ordinance 2019-1142 Amending the City Code Related to Standards for Accessory Buildings or Structures; Lindahl
June 4, 2019 City Council Report 2019-062
Zoning Code Text Amendment for Accessory Buildings or Structures
Proposed Action: Move to adopt Resolution 2019-046, approving the first reading of
Ordinance 2019-1142 amending the City Code Related to Standards for Accessory Buildings or
Structures.
Overview
The applicant, Robb Stephens, requests a zoning code text amendment related to standards for
accessory buildings or structures. While the zoning code text amendment would apply
throughout the City, the applicant’s request includes specific changes that would allow him to
construct an additional detached accessory building (garage) on his property. That property is
located at 3321 Hopkins Crossroad near the intersection of Minnetonka Boulevard and Hopkins
Crossroad in the Bellgrove neighborhood. It is guided by the comprehensive plan and zoned for
low density single family activity.
The applicant’s request would increase the number and total size of accessory buildings allowed
on an individual property in the R-1-E zoning district. Based on the findings in this report, staff
recommended approval of this request to the Planning & Zoning Commission, subject to
revised front yard setback and design standards. After holding the required public hearing, the
Planning & Zoning Commission approved a motion recommending the City Council approve
this request but without the front yard setback changes in the R-1-E zoning district as
recommended by staff.
Staff continues to support this request, subject to revised front yard setback and design
standards. The attached resolution and ordinance reflect staff’s original recommendation.
Should the City Council wish to follow the Planning & Zoning Commission’s recommendation,
they should table this item and direct staff to revise the resolution and ordinance.
Primary Issues to Consider
● Background
● Zoning Code Text Amendment
● Potential Non-Conformity Issues
● Alternatives
Supporting Documents
● Ordinance 2019-1142
● Resolution 2019-046
● Site Location Map
● Public Comments
● Applicant’s Narrative
● Zoning Map
_____________________
Jason Lindahl, City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2019-062
Page 2
Background
The Background section includes information on accessory buildings and structures, the
applicant’s request, public comments received prior to the public hearing and action by the
Planning & Zoning Commission.
Accessory Buildings or Structures. Section 515.07, Subdivion 36 defines an accessory
building as “a building, the use of which is incidental or complimentary to the principal use on a
lot; an accessory building is (i) detached if it is located more than six feet from the nearest wall
of the principal building or (ii) attached if located six feet or less therefrom.” Common
examples of accessory buildings in residential districts include sheds, gazeebos and detached
garages.
Applicant’s Request. The applicant’s narrative (attached), requests an amendment to Section
520.07 - Accessory Buildings and Structures. These standards were last updated in 1987 and
detailed in the table below. In all residential zoning districts, no individual property may have
more than two (2) accessory buildings. By comparison, the size standards is based on the size of
the particular property but is capped at 1,000 square feet. With the current standards, an 8,333
square foot lot in the core of Hopkins would be allowed the same number and size of accessory
buildings as a 40,000 square foot lot in the Bellgrove neighborhood (8,333 x 12% = 1,000 or
40,000 x 6% = 2,400) because of the 1,000 square cap.
Accessory Building Standards in Single Family Residential Zoning Districts
District Accessory Building
Standard (1,000 sq. ft. Cap)
Minimum Lot Size Typical Accessory
Building
R-1-A 12% 6,000 square feet 720 square feet
R-1-B 10% 8,000 square feet 800 square feet
R-1-C 8% 12,000 square feet 960 square feet
R-1-D 6% 20,000 square feet 1,200 square feet
R-1-E 6% 40,000 square feet 2,400 square feet
The applicant seeks revisions to the specific standards for the zoning district in which he lives
(R-1-E, Single Family Low Density). The specific standards for that district allow a total of two
(2) detached accessory structures with a maximum total area of six (6) percent of the lot area or
1,000 square feet, whichever is less. The applicant proposes to allow more than two (2)
accessory structures and increase the maximum total area to 1,400 square feet, provided no
individual building exceeds 1,000 square feet in size. Staff is supportive of these changes
provided they also include:
• A front yard setback requirement that in no case shall an accessory building or structure be
located closer to the front property line than the front line of the principal building.
• Accessory buildings or structures in any zoning district greater than 120 square feet in size
shall be compatible in design and materials to the principal building.
• Minor text revisions to clarify and organize the zoning standards.
All of the proposed changes are detailed in the attached marked up zoning text. Should the City
approve the proposed changes, the next step for the applicant would be to file for a building
permit for their accessory building project. Building permit applications are administratively
reviewed by staff. If the application conforms to the applicable standards, staff would approve
City Council Report 2019-062
Page 3
the building permit.
Public Comments Prior to the Public Hearing. The public hearing notification process for
zoning text amendments requires the City to publish notice in the local paper at least ten (10)
days prior to the meeting. In this case, the City took the extra step to mail notice directly to all
residents in the R-1-E zoning district where specific changes are proposed. The R-1-E district is
only located in the northern part of Hopkins and covers the entire Bellgrove neighborhood.
As a result of the mailed and published notice of this item, the City received seven comments
prior to the public hearing. Only one commenter submitted something in writing (see attached)
while the other six comments came through phone calls. Of the seven total commenters, three
supported the proposal while two opposed it. The remaining two commenters only asked for
more detailed information about the proposal and did not provide an opinion either in support
or opposition.
Planning & Zoning Commission Action. The Planning & Zoning Commission held a public
hearing to review this item (Planning Application 2019-07-TA) during its regular meeting on
May 28, 2019. During that meeting, the Commission heard a summary presentation from staff
and comments from both the applicant and the public.
During the public hearing the Commission heard from three residents each of which supported
the proposal. Of these three, one specifically supported the standard prohibiting accessory
structures in front of the principal building (house) while another specifically opposed this
portion of the proposed changes.
Next, the applicant addressed the Commission. He thanked the City for considering his request
but also stated his opposition to the portion of staff’s recommendation prohibiting accessory
buildings in front of the house. His opposition was based on a desire to use the accessory
building to screen his house from traffic along Hopkins Crosssroad. After some discussion,
Commissioner Daly moved and Commissioner Goeman seconded a motion to recommend the
City Council approve the applicant’s request without the provision from staff prohibiting
accessory buildings in front of the house. The motion was approve 6-0 with Commissioner
Balan abstaining.
Zoning Code Text Amendment
Zoning Code amendments are legislative actions in that the City is creating new standards to
regulate the development of certain types of uses and/or structures. Under the law, cities have
wide flexibility to create standards that will ensure the type of development they desire. However,
zoning regulations must be reasonable and supported by a rational basis relating to promoting the
public health, safety and welfare. Based on the findings made below, staff recommends approval
of this request.
Consistency with the Comprehensive Plan. The proposed zoning code text amendment is
consistent with both the 2030 Comprehensive Plan and Draft 2040 Comprehensive Plan.
2030 Comprehensive Plan. The proposed text amendment would allow an increase in the
number and size of accessory buildings in the R-1-E Districts (see applicant’s request section
above). With these changes staff is also recommending changes to the front yard setback and
enhanced design standards for accessory buildings larger than 120 square feet in size.
City Council Report 2019-062
Page 4
The 2030 Future Land Use Map guides the R-1-D district as LDR – Low Density Residential.
According to the narrative for this land use classification, it allows for single family detached
residential dwelling at 1 to 7 units per acre. Chapter 4 of the 2030 Comprehensive Plan – Land
Use and Development details the rationale behind the City’s land use plan. This narrative
supports the preservation and protection of the City’s existing residential neighborhoods.
The Land Use and Development chapter goes on to state the City regards the preservation and
protection of its existing residential neighborhoods as one of its most important priorities. The
City will work to protect land use patterns that continue to support single family homes. In
order to facilitate this residential land use patterns, Hopkins will:
• Work to protect the integrity and long-term viability of its low-density residential
neighborhoods and strive to reduce the potential negative effects of nearby commercial or
industrial land through zoning, site plan reviews, and code enforcement.
• Work to assure strong and well-maintained neighborhoods.
Staff finds that a proportional increase in the number and size of accessory building targeted to
the R-1-E district will protect this single family neighborhood by promoting investment in these
properties and encouraging property owners to store their belongings within a building.
Draft 2040 Comprehensive Plan – Cultivate Hopkins. As the City moves toward adoption of
the 2040 Land Use Plan, staff believes it is also important to weigh the goals and policies of this
draft plan when considering land use applications. However, it is important to keep in mind the
2040 Plan has yet to be officially approved by the Metropolitan Council or adopted by the City.
Still, this draft plan can offer valuable guidance when considering current land use applications.
The Draft 2040 Future Land Use Map guide the applicant’s property and all those in the R-1-E
district as Estate Neighborhood. As mentioned above, the Estate Neighborhood category is
fully contained within the Bellgrove neighborhood along either side of Minnetonka Boulevard.
It consists of relatively secluded large lot single family dwellings connected to city sewer and
water services. Streets in this area follow a curved and looping design that rarely connects,
creating organically shaped blocks to cul-de-sacs that limit pedestrian and bicycle mobility.
Properties in this district tend to have larger footprints with attached garages and may include
large accessory buildings or amenities. Large lot single family residential should remain the
primary use in this category. Densities in this area typically range from 1-2 units per acre on
average.
The Draft 2040 Plan contains goals and policies that support approval of this application. Staff
finds the proposed zoning text amendment will is consistent with the following goals and
policies.
Built Environment – Land Use & Design
• Goal 4 - Support and strengthen the city’s residential areas with reinvestment and
appropriate infill. The supporting policy for this goal states the City should “preserve and
enhance the community’s detached single family housing stock, especially in the Estate
Neighborhood and Suburban Neighborhood future land use categories.”
• Goal 5 - Reinforce Hopkins’ unique identity and sense of community through high quality
City Council Report 2019-062
Page 5
urban design. This goal is supported by a policy to “Reinforce the distinctive characteristics
of Downtown and existing neighborhoods by encouraging developments that are compatible
in design and supportive within their context.”
• Goal 6 - Create appropriate transitions between areas of the city where there are potential
incompatibilities in land use or scale. This goal is supported by the policy to “Use urban
design elements, building massing, land use strategies, and public realm improvements to
provide appropriate transitions between developments – particularly those of different scale
and intensity.”
Compatibility with Present and Future Land Uses. Based on the analysis above, a zoning
code text amendment allowing a proportional increase in the number and size of accessory
building in the R-1-E district is compatible with both present and future uses. Properties in the
R-1-E district are currently, and intended to remain, primarily large lot single family dwellings.
The future land use plans in both the 2030 Comprehensive Plan and Draft 2040 Comprehensive
Plan reinforce this land use pattern and would support a proportional increase in the number and
size of accessory building in this zoning district.
Conformance with New Standards. The applicant has yet to submit a building permit
application detailing his future accessory building project. Generally, the applicant has indicated
that he would like one additional accessory building (for a total of three on his site) and that
additional building would be approximately 1,000 square feet in size. Given this scenario, a future
building permit application for an additional accessory building on the applicant’s property should
conform to the number and size standards for accessory buildings proposed in the zoning code
text amendment.
When considering how the proposed zoning changes could impact the community as a whole, it
is important to remember that any zoning ordinance text amendment has the potential to create
non-conformities (sites or buildings that do not meet the new proposed standard). Generally, the
proposed changes would maintain the existing number and size standards for accessory building
throughout the City with the exception of the R-1-E district where they would be increased. So
it is reasonable to conclude these changes will not cause new non-conformities.
Along with the number and size changes detailed above, staff recommends new front yard setback,
design standards and minor technical changes. Staff believes the front yard setback and design
standards may create minor non-conformities but these changes should still be approved because
they are consistent with the goals and policies of the comprehensive plan.
Potential Non-Conformity Issues
According to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a
statutory right to continue through repair, replacement, restoration, maintenance, or improvement
but not through expansion. These rights run with the land and are not limited to a particular
landowner. If the benefited property is sold, the new owner will have the same rights as the
previous owner. So any non-conformities resulting from these changes would be allowed to
continue in their present form as long as it does not expand or is discontinued for a period of
more than one year.
Alternatives
1. Approve the zoning code text amendment application. Voting to approve the request would
City Council Report 2019-062
Page 6
change the standards for accessory buildings and structures as detailed in Ordinance 2019-
1142.
2. Deny the zoning code text amendment application. Voting to deny the request would result
in keeping the existing standards for accessory buildings and structures. Should the City
Council consider this option, it must also identify specific findings that support this
alternative.
3. Continue for further information. If the City Council concludes that further information is
needed, the items should be continued.
1
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2019-1142
AN ORDINANCE AMENDING SECTIONS 520.07 OF THE CITY
CODE RELATED TO ACCESSORY BUILDINGS OR STRUCTURES
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 520.07, Accessory Buildings or Structures, is hereby amended as follows:
Subdivision 1. Prior construction. No accessory building or structure other than a fence,
temporary construction office or garage for residential use shall be constructed on a lot in a R
district prior to the construction of the principal building. The residential garage may only be used
for storage and or service when directly related and prior to the construction of the principal
building to be located on said lot.
Subd. 2. Height. An accessory building to a residential structure may not exceed 15 feet in height.
Accessory buildings in business, and industrial, or institutional districts may not exceed the height
standard of the for principal buildings in the applicable zoning district. (Amended Ord. No. 87-601
& Ord. 99-823)
Subd. 3. Area Size and Number. Accessory buildings to a residential structure may not exceed an
aggregate area of 528 sq. ft. per dwelling unit in the R-2, R-3, R-4, R-5, and the R-6 districts. The
following percentage of lot area is used for accessory districts. The following percentage of lot area
is used for accessory buildings in the R-1 districts designated provided the area does not exceed
1000 sq. ft. R-1A - 12%; R-1B - 10%; R-1C - 8%; R-1D - 6%; R-1-E - 6%. (Amended Ord. No. 87-
601) The total number of accessory buildings allowed to a residential structure is two. (Added Ord.
2002-873)
The size and number of accessory buildings or structures shall conform to the standards detailed
below.
A) In the R-1-A, R-1-B, R-1-C or R-1-D zoning districts. Up to two (2) accessory buildings or
structures not exceeding a total aggregate area of 1,000 square feet.
B) In the R-1-E zoning district. Up to three (3) accessory buildings or structures not exceeding a
total aggregate area of 1,400 square feet, provided no individual building exceeds 1,000 square
feet.
2
C) R-2, R-3, R-4, R-5, and the R-6 districts. Accessory buildings or structures not exceeding a total
aggregate area of 528 square feet per dwelling unit.
Subd. 4. Side Location. Except as otherwise provided in this code, no detached accessory building
in any district shall be located closer than three (3) feet from any side or rear lot line, except that the
vehicle entrance side to such building shall be not less than 20 feet from any such yard line. A
detached accessory building in any district which abuts any lot in an R district shall provide yard
requirement as required in the R district unless said accessory building is over 24 feet in length, in
which case the required side or rear yard shall be increased 12 inches for each ten feet of length
beyond 24 feet to a maximum yard of ten feet. (Amended Ord. No. 87-601)
The location of accessory buildings or structures shall conform to the standards for the specific
zoning districts as detailed below.
A) Residential Front Yard Setback. The minimum front setback for an accessory building shall be
the same as that required for a principal building in the zoning district in which it is located or
the font line of an existing principal building, whichever is greater. In no case shall an accessory
building or structure be located closer to the front property line than the front line of the
principal building.
B) Residential Side or Rear Yard Setback. In any residential zoning district the side or rear yard
setback shall be a minimum of three (3) feet except that any side of such building with a vehicle
entrance shall have a minimum twenty (20) foot setback.
C) Non-Residential District Setbacks. In all non-residential zoning districts accessory buildings or
structures shall comply with the setback requirements for principal buildings in the applicable
zoning district.
Subd. 5. Wall on lot line. Detached accessory buildings in the B or I district may with written
consent of the owner of the abutting side lot in the B or I district, have a masonry wall located on
the lot line provided a 12 foot wide open space remains as the side yard along the other side lot line
to provide access from a public right-of-way (alley or street).
Subd. 6. Conformance Design. Detached accessory buildings when located 60 feet or less from
the front lot line must conform to the yard requirements of the principal building. Accessory
buildings or structures greater than 120 square feet in size shall be compatible in design and
materials to the principal building.
3
SECTION 2. This ordinance shall take effect and be in force upon its publication, in accordance
with Section 3.07 of the City Charter.
First Reading: June 4, 2019
Second Reading: June 18, 2019
Date of Publication: June 27, 2019
Date Ordinance Takes Effect: June 27, 2019
______________________
Jason Gadd, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2019-046
A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2019-1142
AMENDING SECTIONS 520.07 OF THE CITY CODE RELATED TO ACCESSORY
BUILDINGS & STRUCTURES
WHEREAS, Robb Stephens initiated an application to amend the Zoning Ordinance related to
standards for accessory buildings or structures; and
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend the Zoning Ordinance related to accessory buildings or
structures was initiated by Robb Stephens on April 26, 2019; and
2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a
public hearing to review such application May 28, 2019 and all persons present were given
an opportunity to be heard; and
3. That written comments and analysis of City staff were considered; and
4. That the Hopkins City Council reviewed this item during their June 4, 2019 meeting and
agreed with the findings and recommendation of staff as detailed in City Council Report
2019-062.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the First Reading of Ordinance 2019-1142 amending Sections 520.07 of the City Code
related to Accessory Buildings or Structures based on the findings detailed in City Council Report 2019-
062.
Adopted this 4th day of June 2019.
_______________________
Jason Gadd, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
Site Location Map
Applicant’s Property
R-1-E Zoning District
From:Tom Lawson
To:Jason Lindahl
Subject:[EXTERNAL] R-1-E zoning district - bellgrove
Date:Monday, May 20, 2019 7:14:20 AM
Jason,
My wife and I are opposed to any changes to the number and maximum square footage allowed for accessory buildings per
the application from Robb Stephens.
If you have further questions underpinning our objection, please let me know.
Thanks.
My best,
Tom
Tom Lawson, Ph.D., President
LAWSON INTERNATIONAL LTD.
952.938.3032
tom@lawson-intl.com
EbGH
EtGH
)y
EbGH
?«A@
EdGH
EÓGH
EÇGH
)y9TH AVE N11TH AVE SMINNETONKAMILLSRD
SA IN TLO U ISST15THAVENBLAKE RD SINTERLACHEN RD14TH AVE N2ND ST NE
JACKSONAVENLAKE ST NE
ASHLEY RD7TH ST S TYLER AVE NHOPKINS XRD6THAVENMINNETONKA BLVD
MAINSTREET BOYCE RD
1ST ST N 11TH AVE N1ST ST S
4TH ST N
P R E S T O N LN
2ND ST N
3RD ST N
GOODRICH ST
5TH ST S
6TH ST S MAPLE HILL RD7TH AVE N17TH AVE NSAINT
AL
BANS
R
D
E
18THAVEN8TH AVE NCAMBRIDGE ST
20THAVEN19THAVEN16TH AVE N6TH AVE S7TH AVE SMANITOBARD
5TH AVE N8TH AVE S20TH AVE S12THAVENHARRISON AVE SBLAKERDNPARKSIDEBLVD
JACKSON AVE SPARK VALLEY DR WPARKLNVANBURENAVENVALLEYWAYL
O
RIN
GRD MILLRDCAMPBELL
D
RHERMAN TERA
L
T
HEALN
13THAVESHIAWATHA AVE
W
ESTB
R
O
O
KE
W
A
YSAINTALBANSRDW 2ND AVE S13TH AVE NE X C E L S IORBLVDLAKE MINNETONKA LRT TRAIL
C ED A R LA K E LR T TR A ILNORTHCEDARLAKETRAILM N R IV E R B L U F F S L R T T R A IL
B-1
B-2
Business Park
Institutional
MixedUse
R-1-B
R-1-D
R-1-E
R-6
R-5
B-4
B-3
R-4
R-2
R-1-A
R-1-C
I-2
Landfill
I-1
R-3
Downtown Overlay District
W e st Ma instreet Overlay District East End O verlay D isrictMap Document: \\metrosouth1\gis\HOPK\T19114070\ESRI\Maps\Hopk_ZoningMap_22x34P.mxd Date Saved: 1/26/2018 3:27:26 PMZoning Map
Hopkins, M N January 2018
Legend
0 800Feet
Source: City of Hopkins, Hennepin County, & MnGeo
!IMunicipal Boundary
Regional Trail
Wetlands
100 Year Floodplain
Downtown Overlay District
East End Overlay Disrict
West Mainstreet Overlay District
PUDZoning Districts
(R-1-A) Single and Two Fam ily High Density
(R-1-B) Single Family High Density
(R-1-C) Single Family Medium Density
(R-1-D) Single Family Low Density
(R-1-E) Single Family Low Density
(R-2) Low Density Multiple Family
(R-3) Medium Density Multiple Family
(R-4) Medium High Density Multiple Family
(R-5) High Density Multiple Family
(R-6) Medium Density Multiple Family
(B-1) Limited Business
(B-2) Central Business
(B-3) General Business
(B-4) Neighbhorhood Business
Mixed Use
Business Park
(I-1) Industrial
(I-2) General Industrial
Landfill
Institutional