Memo Zoning Ordinance
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To: City Council and Planning Commission
From: Nancy Anderson
Date: Wednesday, September 8, 1993
Subject: Zoning Ordinance
I. Purpose:
The purpose of this item is to begin discussion with the City Council and Zoning and
Planning Commission regarding the possibility of amending the Zoning Ordinance to
facilitate improvements and reinvestment of single family properties. Based on this
discussion a plan on how to proceed with changes needs to be agreed upon.
. II. Backqround:
Several months ago the City adopted an Economic Development Strategic Plan. One
of the actions steps identified in the plan is as follows: Examine appropriateness of
zoning standards as related to rehabilitation/improvement of existing non-conforming
structure/uses.
This step was identified by the Strategic Plan because it was felt that the Zoning
Ordinance contained certain standards which in many situations restricted additions
and improvements to single family homes. This conclusion was based on a perception
that there is a substantial number of variance requests to these types of projects.
Staff desires direction as how to proceed.
III. Discussion issues:
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The issues discussed in this section are the following:
0 setbacks
0 hon-conforming buildings
0 variances
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a. Setbacks .
The following are the current setbacks for the single family homes in Hopkins:
a. setbacks front side rear
R-1-A 25 feet 1 story 8 feet 25 feet
2 story 8 feet
3 story 1 0 feet
Minimum Lot Size 6,000 square feet
R-1-B 30 feet 1 story 8 feet 30 feet
2' story 8 feet
~i 3 story 1 0 feet
Minimum Lot Size 8,000 square feet
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'", R-1-C 30 feet 1 story 1 0 feet 35 feet
~2.! 2 story 12 feet
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3 story 14 feet
. Minimum Lot Size 12,000 square feet
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R-1-D 35 feet 1 story 1 0 feet 40 feet
2 story 12 feet .
- 3 story 14 feet
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Minimum Lot Size 20,000 square feet
R -1-E 35 feet 1 story 1 0 feet 40 feet
2 story 12 feet
3 story 14 feet
~ Minimum Lot Size 40,000 square feet
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EXAMPLES OF OTHER CITIES SETBACKS FOR SINGLE FAMILY HOMES
MINNETONKA - single family R-1 and R-210w density
Front yard 35 feet
Side yard - the sum of the side yard setbacks shall not be less than 30 feet, with a
minimum setback of 10 feet
Side yard - minimum of 15 feet plus 2 feet for every foot the structure exceeds 25 feet
in height
Rear yard - minimum of 40 feet or 20 percent of the depth of the lot, whichever is less
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. PLYMOUTH R-1A, R-1 B, R-2
Front yard 35 feet
Side yard 10-15 feet
Rear yard 15-25 feet
HASTINGS R-1
Front yard 35 feet
Interior side yard 25 feet
Rear yard 35 feet
RICHFIELD
Front yard 30 feet
Side yard streets ide 15 feet
Interior side yard 5 feet
Rear yard 25 feet ;.; ."
The purpose of having setbacks is to allow light, air, access, greenspace, privacy,
between homes. The space also provides a safety area so a fire has less chance of
(. spreading between homes.
One issue to consider in reducing setbacks are building code requirements. Buildings
that are close to property lines have different construction/design requirements as
opposed to those with a greater separation. For an example, detached buildings are
required to construct a fire wall if they are closer than 3 feet to a property line. This
requirement is necessary to prevent fire spread between adjacent properties.
The closer homes and people are, the more noise problems are created. Allot of
people that request a fence permit are constructing a fence because of a situation of
being too close to their neighbor. This can be either people or mechanical noise.
b. Non-conforming buildings
A non-conforming building is a building that met the zoning requirements at the time it
was constructed, but under the existing Zoning Ordinance does not met the zoning
requirements. A non-conforming building is allowed to exist unless it is damaged 50%
or more.
The Ordinance does not allow repair to a non-conforming building if the structure is
damaged 50% or more except in conformance with this code. For an example, this
. section would apply to a home that was destroyed by a fire more than 50%. If the home
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did not meet the existing setbacks before the fire, the home that was rebuilt would .
have to meet the existing setbacks.
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;; However, there are other sections in the Ordinance that do allow exceptions to expand
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;1j' non-conforming buildings. The fOllowing are these exceptions:
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'j): 0 the Ordinance does allow an expansion of a nonconforming
~. building if the expansion meets the requirements of the Ordinance.
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r~ 0 the Ordinance also allows an expansion to a home' if the expansion
,q~ follows the same line of the building if the home is 5 feet or greater
!' from the lot line. (see diagram II)
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~, c. Variances
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111 Variances are the method by which a person can secure approval to deviate from the
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gi standards of the Zoning Ordinance.
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;,ii Variances are granted on the basis of undue hardship. The'Zoning Ordinance defines
;;; undue hardship as the following: as used in connection with the granting of a variance
. means the property in question cannot be put to a reasonable' use if used under
conditions allowed by official controls, the plight of the landowner is due to
e~H!1~' circumstances unique to his property not created by the landowner, and the variance, if .
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granted, will not alter the essential character of the locality.
- Variances allow a relaxation of the Ordinance if there is something unique to the
. property.
. If a city considers a number of variances for in an area such as setbacks, the city
should examine the standards they are using to determine if they are appropriate. For
- an example, if the city routinely grants variances to allow a five foot side yard setback,
- without clear and unique reasons, it would be logical for the city to amend the zoning
ordinance to require only a five foot side yard setback. The five foot standard must be
acceptable if there were several variances granted for this setback.
Most residents that request a variance, need a variance for an addition on their
sideyard.
Future Action:
If there is agreement that certain requirements of the Zoning Ordinance are too
restrictive staff would propose that the Planning Commission begin a review process to
determine if revisions are appropriate. Once they have completed this review a .
recommendation would then be made to the City Council.
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