Ordinance Change0 August 17, 1989 Planning Report: Z89 -1
Proposed Action.
Staff recommends approval of the following motion: "That the Zoning
Ordinance not be changed in regard to the setbacks for corner lots and
rear yards ".
Staff is recommending this because of the non - conforming implications
a setback change would make.
Overview.
Last month the Commission had before it an application for a rear yard
setback variance on a corner lot. The request for the variance was
continued for staff to research other options for the Commission to
consider. Specifically, the Commission asked staff to review the
setbacks for corner lots and the R -1 -C district setbacks.
Attached is a memo from the City Attorney stating that a change in the
zoning ordinance would have to apply to all corner lots in the City.
Primary Issues to Consider.
What options exist which would not require a variance?
Supporting Information.
o Staff analysis of Issues
o Recommendation
o Section 530.05, Hopkins Zoning Ordinance
o Minnetonka Zoning Ordinance
o Wayzata Zoning Ordinance
o Crystal Zoning Ordinance
o Memo - City Attorney
ORDINANCE CHANGE
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Primary Issues to Consider.
o What options exist which would not require a variance?
In researching options for the Commission in regard to setbacks of
corner lots it appears there are three options:
o Change the ordinance to allow corner lots to have two front
yards and the director of planning determines the rear yard;
o Change the ordinance to allow the owner of the property or the
director of planning greater flexibility to choose which
frontage is the front yard;
o Change the ordinance to allow a lesser setback for all rear
yards in the R -1 -C districts.
The first option of changing the ordinance to allow corner lots to
have two front yards was at one time considered by the staff.
However, we never did this because of the many small lots in Hopkins.
It would not be feasible to have two front yard setbacks on a 40 or 50
foot wide lot in north Hopkins. The result would make too many homes
non- conforming. (see figure 1)
FIGURE
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TYPICAL R -1 -A CORNER LOT
In Minnetonka, corner lots have two front yards, but the rear yard is
determined by the director of planning. On larger lots it is possible
to have two front yards on corner lots. Attached is the Minnetonka
Zoning Ordinance.
The staff knows that changing the ordinance to allow two front yards
on corner lots would create too many non - conforming homes. But, what
if the director of planning still could determine the rear yard. In
this case if the director of planning would choose the south side of
the applicants property as the rear yard, the applicant could
construct the proposed addition without the variance. The
consequences without changing the ordinance as Minnetonka's with two
front yards are as follows:
that the applicant could build with a 12 foot setback on
Homedale, the neighbors have to be 30 feet from Homedale
o that the applicant would have a non - conforming rear yard
setback because the setback on the south side of the
applicants property is only 30 feet. (see figure 2)
Porn eia
'rear
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re_zY \lard be.corn.25
a 35 rear yard is
FIGURE 2
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CHANGING APPLICANTS FRONT YARD TO GOODRICH
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If the ordinance was changed to allow two front yards like in
Minnetonka, and the director of planning choose the south side of the
applicants property as the rear yard the home would have a non-
conforming rear yard. Also, the majority of corner lots in the R -1 -A
districts would become non - conforming. (see figure 3)
v O 1 a Gorr,
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FIGURE 3
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APPLICANTS HOME WITH TWO FRONT YARDS
The results of changing the front yard to Goodrich will allow the
applicants to construct the proposed addition, but will make the
applicants home non - conforming.
The second option would be to allow greater flexibility in the
ordinance of which frontage is the front yard. Currently the zoning
ordinance allows the owner to choose which is the front yard if the
two frontages are within 10% of being equal. This percentage could be
increased. If the ordinance was changed to increase the percentage to
25% the applicant then could choose Goodrich as the front yard and
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construct the addition without the variance. However, as with the
first option, the applicants home would become non - conforming because
they would not have a rear yard setback of 35 feet. Also, the
applicant could construct an addition with a 12 foot setback from
Homedale while their neighbors have to have to maintain a 30 foot
setback. (see figure 2).
The implications as with the first option are the following:
o that applicant has the capability to build the proposed
addition;
o that a a non - conforming building is created;
o that the applicant now has the ability to construct additions
12 feet from the east and west lot lines.
The last option is to change the rear yard setback to a lessor
setback so the applicants can construct their addition. The
applicants would be able to construct the addition without the
variance and all the other setbacks would not be effected. The end
result of the option is that everyone else in the R -1 -C district would
be able to have this lessor setback and construct additions closer tc
the rear lot line.
If a lesser setback is considered the Commission should consider the
area. Interlachen is an area with larger lots and setbacks. If it
is 'alright' to have a lessor rear yard setback, the Commission will
have a difficult time refusing another resident if they also would
like to also have a lessor setback in the front or side yard.
To change the rear yard setback the City would notify all the
residents in the R -1 -C district and have a public meeting. At this
meeting the Commission would have to state reasons for the change in
the rear yard setback.
I have outlined three options for the Commission and the results for
each option. Changing setbacks at this late stage has a great affect
on the City by making conforming homes non- conforming because of
setbacks.
Changing the ordinance for one persons /situation does have
consequences for the rest of the City. Probably everyone could use
a larger garage, more storage space, or a bigger home, but the
Commission must decide if those are good reasons to change the
setbacks.
The applicants knew when they bought their home that a variance would
be needed to construct an addition to the rear of their home. An
option for the applicants would be to construct a garage below ground
and not have the addition on top. A setback would not apply to a
below ground garage.
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I would recommend not changing the ordinance to allow the applicants
addition. However, if the Commission wants to change the ordinance to
accommodate the applicants, I would recommend that the least impact to
the City would be changing the rear yard setback. By changing the rear
yard setback, only R -1 -C districts will be affected.
Crystal City Code
515.03, Subd. 115
Subd. 115. Lot, Corner. A lot situated at the junction of and abutting on two
or more intersecting streets; or a lot at the point of deflection in alignment
of a single street, the interior angle of which is 135 degrees, or less.
Subd. 117. Lot, Depth. The shortest horizontal distance between the front
lot line and the rear lot line measured from a 90 degree angle from the street
right -of -way within the lot boundaries.
Subd. 119. Lot, Frontage. The front of a lot shall be, for purposes of
complying with this Code, that boundary abutting a public right -of -way having the
least width.
Subd. 121. Lot, Interior. A lot, other than a corner lot, including
through lots.
Subd. 123. Lot, Line. A property boundary line of any lot held in single
or separate ownership; except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed to be the street or alley
right -of -way.
Subd. 125. Lot, Through. A lot fronting on two parallel streets.
Subd. 127. Lot, width. The shortest horizontal distance between the side
lot lines measured at right angles to the lot depth.
Subd. 129. Medical and Dental Clinic. A structure intended for providing
medical and dental examinations and service available to the public. This service
is provided without overnight care available.
Subd. 131. Motel /Motor Hotel. A building or group of detached, semi -
detached, or attached buildings containing guest rooms or units, each of which
has a separate entrance directly from the outside of the building, or corridor,
with garage or parking space conveniently located to each unit, and which is
designed, used or intended to be used primarily for the accommodation of
transient guests travelling by automobile.
Subd. 133. Motor Fuel Station. A place where gasoline is stored only in
underground tanks, kerosene or motor oil and lubricants or grease, for operation
of automobiles are retailed directly to the public on premises, and including
minor accessories and services for automobiles, but not including automobile
major repairs and rebuilding.
Subd. 135. Non- Conforming Building, Structure or Use. A building, structure
or use which does not conform with the district regulations in which it is
situated.
Subd. 137. Nursing Home (Rest Home). A building having accommodations
where care is provided for two or more invalid, infirmed, aged convalescent or
physically disabled persons that are not of the immediate family; but not
including hospitals, clinics, sanitariums, or similar institutions.
MINNETONKA ZONING ORDINANCE
Zoning Ordinance
Section 300.02.
Page 10
Lot Area - Total area within the lot lines excluding
dedicated public rights -of -way. (Figure 7)
Lot, Corner - A lot situated at the junction of and
fronting on two or more intersecting streets. (Figure 8)
Lot Coverage - That portion of a lot covered by buildings,
driveways, parking areas and any other impervious surface.
(Figure 7)
Lot Depth - The mean dish ance between the front and rear
lot lines. In order to allow flexibility in determining
lot depth for parcels of unusual configuration, lot depth
can be measured by averaging side property lines or by
measuring a straight line extending from the front lot line
to the rear lot line and passing through the building,
subject to determination by the director of planning.
(Figure 7)
Lot, Double Frontage - A lot having frontage on two
non - intersecting streets. (Figure 8)
Lot Line - A line of record bounding a lot which divides
one lot from another lot, a public or private street or any
other public or private space. (Figure 8)
Lot Line, Front - A lot line abutting a dedicated public
right -of -way. For neck or flag lots, the front lot line
shall be the lot line closest to the public right -of -way to
which the lot has access by a narrow private right -of -way
or easement. (Figure 8)
Lot Line, Rear - The lot line opposite and most distant
from the front' lot line. In the case of corner lots, the
rear lot line shall be determined by the director of
planning based upon characteristics of the surrounding
neighborhood. (Figure 8)
Lot Line, Side - Any lot line other than a front or rear
lot line. (Figure 8)
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WAYZATA
Hotel - A building occupied as the temporary living place of individuals who
are lodged with or without meals and in which there are more than ten (10)
sleeping rooms, usually occupied singly, and in which no provision is made
for cooking in any individual room or apartment.
Housing for the Elderly - A multiple dwelling designed specifically for use by
the elderly, with individual housekeeping units.
Junk Yard - Land or buildings where waste, discarded or salvaged materials are
bought, sold, stored, exchanged, cleaned, packed, disassembled or handled,
including but not limited to scrap metal, rags, paper, hides, rubber
products, glass products, lumber products and products resulting from the
wrecking of automobiles or other vehicles.
Loading Space - That portion of a lot or plot designed to serve the purpose of
loading and /or unloading all types of vehicles.
Lodging House - A building where lodging is provided for compensation to three
(3) or more persons, in contradistinction to hotels open to transients.
A lodging unit shall be a room rented as sleeping and living quarters, but
without kitchen facilities and with or without an individual bathroom.
Lot - Land occupied or to be occupied by a principal building and its accessory
buildings, together with such open spaces as are required under this
Ordinance, and having its principal frontage upon a street or officially
approved place.
Lot, Corner - A lot located at the intersection of two streets or a lot bounded
on two sides by a curving street two chords of which form an angle of
one hundred twenty (120) degrees or less measured on the lot side.
Lot, Interior - A lot other than a corner or reversed corner lot.
Lot, Through - A lot having frontage on two non - intersecting streets, as dis-
tinguished from a corner lot.
Lot Coverage - The area of a lot occupied by the principal building or buildings
and all accessory buildings.
Lot Depth - The mean horizontal distance between the front and rear lot lines.
Lot Width - The horizontal distance between the side lot lines measured at right
angles to the lot depth at the minimum front -yard setback line.
Lot Line, Front - The boundary of a lot abutting a street. On a corner lot the
shortest street lot line shall be the front lot line.
Lot Line, Rear - The lot line or lines most nearly parallel to and most remote
from the front lot line. Lot lines other than front or rear lot lines are
side lot lines.
Lot of Record - A lot which is a part of a subdivision, the map of which has
been recorded in the office of the Register of Deeds, or a lot described
by metes and bounds, the deed to which has been recorded in the office of
the Register of Deeds.
3 -6
Date: July 28, 1989
To: Nancy Anderson
From: Jerre Miller
Re: Corner Lot Definition
C I T Y O F H O P K I N S
MEMO
I have reviewed your request for an opinion on the definition
of where the front yard is on a corner residential lot.
At present, the definition of the front yard of a residential
lot is the narrower of the two lot lines fronting a public
street. Because this definition applies to all such corner
lots used residentially, I cannot think of any appropriate
way for the definition to be selectively adjusted from time
to time by the whim. or desire of the Planning Commission or
City Council without opening a fair amount of problems and
possibly creating some non - conformances.
Ordinances are expected to be imposed rationally, reasonably
and uniformly so that no particular class achieves a benefit
or are not subjected to a greater imposition than others in
the same classification.
For this reason, I don't think se ct.ve application of front
yard definitions to be enforceab -.
1010 First Street South, Hopkins, Minnesota 55343 612/935 -8474
An Equal Opportunity Employer