VII.2. CC Item 2025-101 First Reading Backyard Cottage Text Amendment 0603251
City Council Report 2025-101
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Ryan Krzos, City Planner
Date: June 3, 2025
Subject: First Reading of an Ordinance Amending the Development Code for
Backyard Cottages
_____________________________________________________________________
REQUEST
Staff propose an amendment to the Development Code regulations modifying the
regulations for backyard cottages (detached accessory dwelling units).
RECOMMENDATION
The City Council is asked to adopt, by motion, Resolution 2025-040 approving a first
reading of Ordinance 2025-1227 amending the Development Code for Backyard
Cottage Regulations.
ANALYSIS
In Hopkins backyard cottages were first allowed as a matter of new policy in the
2022 Zoning Code Update. During discussions to formulate this new policy,
community members voiced concern about allowing accessory dwellings that were
out of character with the existing Hopkins context. The resulting regulations
summarized in the section below were enacted to address these and other
concerns.
Despite significant interest expressed by the community, only two Backyard
Cottages have been permitted for construction to date. Construction cost is the
common reason understood by staff for the lack of activity, but Hopkins’ specific
requirements are a contributing factor. Accordingly, staff recommended a proposed
development code amendment to increase the allowable height and allow roof
designs to differ from the principal structure. During the Planning and Zoning
Commission’s consideration of the code amendment on May 27, additional
modifications to the code were identified, specific to design requirements, placement
of the backyard cottage, and the allowable unit size by area.
Current Requirements
•Height: Max 1.5 stories; must follow same floor-to-floor height limits as main
house.
Planning & Development
CITY OF HOPKINS
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•Design: Must visually match the main house in materials, trim, and roof
pitch. Entrances can't face side/rear lot lines unless there is an alley.
•Placement: Must be at least 15 feet from the main building; other siting rules
in zoning code apply – e.g. setback, lot coverage, impervious coverage.
•Size: Max 800 sq ft; subject to lot coverage rules.
•Where Allowed: Only on lots with one-household principal unit in all
Neighborhood zones, and certain Mixed Use Zones.
•Use: Must be used solely as an accessory dwelling unit (ADU) – i.e. not as a
home occupation or home business.
•Quantity: Only one backyard cottage allowed per lot; not allowed if there’s
already a secondary suite or on a lot with a duplex.
•Occupancy: Total household size (main home + cottage) may only exceed
the standard by 2 persons – e.g. four related people, plus two (six total).
•Parking: No extra parking required, but principal dwelling must still meet
parking rules.
•Utilities: Must share water/wastewater with main house.
•Owner Occupancy & Rental: In N1/N2 zones, one unit must be owner-
occupied; short-term rentals (under 31 days) are prohibited.
•Deed Restriction: Required in N1/N2 zones to enforce occupancy and
rental rules.
•Permitting: Building permit and compliance with safety codes required.
•Sale: Cannot be sold separately from the main house or placed on its own
lot.
Proposed Changes:
The Planning and Zoning Commission voted unanimously to recommend the
following changes for backyard cottages:
Height From maximum of 1.5 stories to a maximum of two stories. Note:
detached garages, sheds, and other outbuildings would still have a
1.5 story maximum.
Design From a requirement that the building materials, trim, and roof pitch
match the principal structure to allowing these aspects to differ.
Size From a maximum of 800 square feet for the unit to a maximum of
1,000 square feet.
Siting From a required separation of 15 feet from the principal building to
the backyard cottage to a minimum separation of 10 feet.
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Peer Communities:
Staff surveyed the height requirements related to detached accessory dwelling units
of similar and nearby communities:
City Regulation Notes
St Louis Park Height – 24 ft and lower than highest point of
principal building
Design – No material/Trim/Roof pitch
requirements
Size – No limits on size of detached unit, but a
200 sf min. Would be regulated by maximum
accessory building size.
Siting – no minimum separation
Roof pitch and
materials must match.
<9ft stories.
Dormers 50% of width
are exempt
Minnetonka Height – No taller than principal structure
Design – “designed to maintain the residential
character”
Size – lessor of 1,000 sf or 35% principal
structure floor area.
Siting – No minimum separation
Council may approve
a taller structure per
certain criteria
Golden Valley Height – 12 ft; floor-to-floor, but only allowed as
stand-alone; not within a garage.
Design – designed and material use must
match principal structure.
Size –700 sf or 30% of rear yard area. Min. of
250 sf.
Siting – No minimum separation
Plymouth Height - 21 feet, or the height of the principal
building, whichever is less.
Design - similar architectural style, roof pitch,
colors, and materials as the principal building.
Size – lessor of 1,000 sf or 35% principal
structure floor area. Min. of 250 sf.
Siting – No minimum separation
Bloomington Height - No taller than principal structure
Design – No material/Trim/Roof pitch
requirements
Size – Max. 950 sf, minimum 300 sf.
Siting – No minimum separation
Richfield Design – materials must match.
Height – lessor of 1.5 stories or 18 ft; and no
taller than principal structure on lots 75 ft or
less in width. No taller than principal structure
on wider.
Size – Max. 800 sf, minimum 300 sf.
Siting – No minimum separation
Minneapolis Height - 21 ft
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Design - The primary exterior materials of the
detached accessory structure shall be durable,
including but not limited to masonry, brick,
stone, wood, cement-based siding, or glass.
Size – Greater of 1,300 sf or 13% of lot area.
No case more than 1,600 sf or area of principal
structure.
Siting – 10 ft minimum separation from principal
structure.
St Paul Height - 25 ft
Design – No material/Trim/Roof pitch
requirements
Size – Greater of 800 sf or 75% of principal
structure area
Siting – No minimum separation
Height exceptions in
heritage preservation
sites and districts are
case by case.
Review Criteria:
Staff finds that the proposed code amendment meets the criteria for approval. In
making decisions about development code text amendments, the City must consider
all relevant factors, including at least the following criteria:
1.Whether the proposed development code text amendment is in conformity
with the comprehensive plan
The development code amendment is consistent with the goals and policies
of the 2040 Comprehensive Plan. The Plan’s Land Use Section states a goal
to support and strengthen the city’s residential areas with reinvestment and
appropriate infill. Additionally, the Plan’s Housing Section provides goals for
growing the overall housing stock, and maintaining a choice of quality housing
options, including those meeting the needs of a variety of household types
and life stages.
Staff supports the proposed amendment as a means to allow for opportunities
to further enhance Hopkin’s detached single unit housing stock in
Neighborhood zones, through appropriately scaled regulations for backyard
cottages.
2.Whether the proposed development code text amendment corrects an error
or inconsistency or will help meet the challenge of a changed or changing
condition.
The development code amendment seeks to address an impracticality in
creating a reasonably-size backyard cottage with the current 1.5 story height
limit. The typical size of a detached garage is 20 feet by 20 feet. A pitched
roof above the main level leaves only smaller portions of the upper portion as
having enough height to be considered livable area (7 feet per the building
code). Allowing a full second story remedies that impracticality.
Additionally, the proposed amendment would allow the roof form and pitch to
differ from the principal structure. Staff supports this change to encourage a
variety to the built environment which creates visual interest. Additionally,
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differing roof forms allows for more cost efficient construction, as the typical
proposal use more simplistic roofs. For example, a simple gable or shed roof
is the most common form types for new accessory buildings whereas, the
principal structure might be a hipped roof, which would be more costly to
incorporate on the accessory structure.
Community Input and Engagement:
Engagement Actions:
•The Planning and Zoning Commission’s public hearing conducted on
May 27.
•Published notice of this public hearing in the City’s official paper.
•This issue arose during multiple conversations with community members
interested in constructing accessory dwelling units, including two permits
under review.
•One community member provided the attached written comment on this
proposed code amendment.
•Two community members spoke regarding the proposal during the Planning
and Zoning Commission’s public hearing.
•Both community members expressed support for the proposed
changes.
o One cited the difficulty with the current requirements in building
additional space that they need.
o The second cited the need to increase housing options in
Hopkins, through density and efficient land use.
•Staff will provide an update on any additional public comments received
following the public hearing.
Alternatives:
Development Code Text Amendments are considered legislative action. The City has
a wide degree of discretion in creating legislation, but it must be reasonable and
promote public health, safety, and/or general welfare.
The City Council may consider the following alternatives:
•Modify the proposal.
•Deny the proposal.
NEXT STEPS
If approved for a first reading, the required second reading of the Ordinance will be
scheduled for the June 17 regular City Council meeting. Publication of the ordinance
amendment in the City’s official paper is required to make the changes effective.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2025-1227
AN ORDINANCE AMENDING CHAPTER 102 OF THE HOPKINS CITY CODE
RELATED TO NONCONFORMING STRUCTURES
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Hopkins City Code, Part III, Chapter 102, Article 6, Subsubsection 102-
620(h), is hereby amended by deleting the stricken language and adding the double-
underlined language as follows:
102-620 (h) SITING ON LOT
The accessory structure tables for each building type (see Article 2 and Article 3)
establish siting and setback regulations for backyard cottages. In addition,
backyard cottages must be separated from the principal building by a minimum
distance of 15 10 feet.
SECTION 2. Hopkins City Code, Part III, Chapter 102, Article 6, Subsubsection 102-
620(i), is hereby amended by deleting the stricken language and adding the double-
underlined language as follows:
102-620 (i) HEIGHT
(1)Backyard cottages may not exceed 1.5 two stories in height.
(2)Floor-to-floor height regulations applicable to the principal building on the lot
apply to backyard cottages.
SECTION 3. Hopkins City Code, Part III, Chapter 102, Article 6, Subsubsection 102-
620(j), is hereby amended by deleting the stricken language and adding the double-
underlined language as follows:
102-620 (j) SIZE AND FLOOR AREA
The floor area of a backyard cottage may not exceed 800 1,000 square feet. Note:
Lot coverage limitations for the subject zone and principal building type may further
limit the size of a backyard cottage.
SECTION 4. Hopkins City Code, Part III, Chapter 102, Article 6, Subsubsection 102-
620(l), is hereby amended by deleting the stricken language and adding the double-
underlined language as follows:
102-620 (l) ENTRANCES
Entrances to backyard cottages may not face the nearest side or rear lot line of the
subject lot unless there is an alley abutting that lot line.
DESIGN
The design regulations of this subsection apply to all newly constructed backyard
cottages.
(1)Exterior Finish Materials. The exterior finish material must be the same
or visually match in type, size and placement, the exterior finish material of
the principal building on the lot.
(2)Roof Pitch. The roof pitch must substantially similar as the predominant
roof pitch of the principal building on the lot.
(3)Trim. Type, size and location of trim elements must be the same or
visually match those of the principal building on the lot.
(4)Entrances. Entrances to backyard cottages may not face the nearest side
or rear lot line of the subject lot unless there is an alley abutting that lot line.
SECTION 5. Hopkins City Code, Part III, Chapter 102, Article 6, Subsubsection 102-
610(b)(3), is hereby amended by adding the double-underlined language as follows:
(5) Design. Accessory buildings with a building footprint of 200 square feet
or more must be substantially similar to the principle building on the lot in
terms of roof form, building materials, and overall appearance not
withstanding Backyard Cottages per Section 102-620.
SECTION 6. The effective date of this ordinance shall be June 26, 2025.
First Reading: June 3, 2025
Second Reading: June 17, 2025
Date of Publication: June 26, 2025
Date Ordinance Takes Effect: June 26, 2025
By:___________________________
Patrick Hanlon, Mayor
ATTEST:
_______________________________
Amy Domeier, City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-040
A RESOLUTION APPROVING A FIRST READING OF ORDINANCE 2025-1227 AMENDING
CHAPTER 102 OF THE HOPKINS CITY CODE RELATED TO BACKYARD COTTAGES
WHEREAS, the Hopkins Development Code is intended to establish the development
standards to implement the community vision and enact the vision, goals and policies of the 2040
Comprehensive Plan – Cultivate Hopkins; and
WHEREAS, the Plan’s Land Use Section states a goal to support and strengthen the city’s
residential areas with reinvestment and appropriate infill. Additionally, the Plan’s Housing Section
provides goals for growing the overall housing stock, and maintaining a choice of quality housing
options, including those meeting the needs of a variety of household types and life stages; and
WHEREAS, City staff is requesting a Development Code Text Amendment to modify
requirements for backyard cottages to encourage fulfillment of the goals and vision of the
Comprehensive Plan; and
WHEREAS, the procedural history of the Development Code Text Amendment is as
follows:
1.That the above stated Development Code Text Amendment was initiated by the City; and,
2.That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a
public hearing on the application and reviewed such application on May 27, 2025 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.The Hopkins Planning & Zoning Commission adopted a resolution recommending
approval of the proposed Ordinance; and,
WHEREAS, staff recommended approval of the above stated application based on the
findings outlined in the City Council Report 2025-101 dated June 3, 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby
approves a first reading of Ordinance 2025-1227 amending the Hopkins Development Code related
Backyard Cottages.
Adopted this 3rd day of June 2025.
________________________
ATTEST: Patrick Hanlon, Mayor
__________________________
Amy Domeier, City Clerk