V.1. Request for Recommendation on Backyard Cottage Development Code Amendment
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P&Z Report 2025-05
To: Planning and Zoning Commission Members
From: Ryan Krzos, City Planner
Date: May 27, 2025
Subject: Request for Recommendation on Backyard Cottage Development Code
Amendment
_____________________________________________________________________
REQUEST
Staff proposes an amendment to the Development Code regulations modifying the
height and design requirements for backyard cottages (detached accessory dwelling
units).
Proposed Requirement: Backyard cottages must be no greater than two
stories. Roof design may differ from principal structure.
Current Requirement: Backyard cottages must be no greater than 1.5 stories,
and the roof pitch must be substantially similar to the predominant roof pitch of
the principal building on the lot.
RECOMMENDATION
The Planning and Zoning Commission is asked to:
1. Hold a Public Hearing on the Development Code Amendment for anyone at the
meeting to comment on the regulations.
2. Consider comments by the public and Staff.
3. By motion approve a Resolution recommending the City Council adopt the
Development Code Amendment for Backyard Cottages.
ANALYSIS
In Hopkins backyard cottages were first allowed as a matter of new policy in the
2022 Zoning Code Update. During discussions occurring for the formulation of this
new policy, community members voiced concern about allowing accessory dwellings
that were out of character with the existing Hopkins context. The regulations
summarized on the following page were enacted to address these and other
concerns.
Despite significant interest expressed by the community, only two Backyard
Cottages have been constructed to date. Construction cost is the common reason
understood by staff for the lack of activity, but Hopkins’ specific requirements are a
Planning & Development
CITY OF HOPKINS
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contributing factor. Accordingly, staff is recommending the proposed development
code amendment proposal.
Current Requirements
• Height: Max 1.5 stories; must follow same floor-to-floor height limits as main
house.
• Design: Must visually match the main house in materials, trim, and roof
pitch. Entrances can't face side/rear lot lines unless there’s an alley.
• 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).
• 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.
• 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.
Peer Communities:
Staff surveyed the height requirements related to detached accessory dwelling units
of similar and nearby communities:
City Height Regulation Notes
St Louis Park 24 ft and lower than highest point of
principal building
Roof pitch and materials must
match.
<9ft stories.
Dormers 50% of width are exempt
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Minnetonka No taller than principal structure Council may approve a taller
structure per certain criteria
Golden Valley Only allowed as stand-alone; not
within a garage.
12 ft; floor-to-floor
Plymouth 21 feet, or the height of the principal
building, whichever is less
Bloomington No taller than principal structure
Richfield
Minneapolis 21 ft
St Paul 25 ft Expect in heritage preservation
sites and districts which 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 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,
differing roof forms allows for more cost efficient construction, as the typical
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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.
• 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.
• No community members provided comment on this proposed code
amendment as of the writing of this report.
• Staff will provide an update to the Planning and Zoning Commission on all
public comments received during 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 Planning and Zoning Commission could consider the following alternatives:
• Recommend modifications the proposal.
• Recommend denial of the proposal.
NEXT STEPS
The City Council will consider the Planning and Zoning Commission’s
recommendation at their June 3rd meeting. The Council may vote to approve a first
reading of the Ordinance at that time. A second reading of the Ordinance, and
publication in the City’s paper is required to make it official.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2025-XXXX
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(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 1. 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) 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)(2) Trim. Type, size and location of trim elements must be the same or
visually match those of the principal building on the lot.
(4)(3) 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 3. 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 Section 102-610(b)(3).
SECTION 4. 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
PLANNING & ZONING COMMISSION RESOLUTION NO. 2025-04
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE
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,
WHEREAS, staff recommended approval of the above stated application based on the
findings outlined in the Planning & Zoning Report 2025-05 dated May 27, 2025.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council of the City of Hopkins approve an
ordinance amending the Hopkins Development Code related Backyard Cottages
Adopted this 27th day of May 2025.
__________________________________
Whitney Terrill, Chair