Agenda - Council Work Session - 06/08/2010

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3 CITY COUNCIL WORK SESSION Topic Report: Accessory Structures Standards By: Amber G. Miller, Planning Manager; Tim Gladhill, Associate Planner Background: City Code states that, on parcels less than two acres in size, detached accessory structures may not be located nearer the front property line than the principal structure. The intent of this provision is to maintain the focus of the parcel on the primary residential dwelling, and not become dominated by a detached, accessory structure. In other words, this provision requires that any detached accessory structure shall be located in the side or rear yard. Based on river setbacks in the City's two river overlay districts, the City Council is asked to consider allowing detached accessory structures nearer the front property lines in these two overlay districts, provided that the underlying front yard setback is maintained (either 30 or 40 feet, depending on zoning district). Findings: The City has reviewed a number of detached accessory structures in the Critical Area and Scenic River Protection Overlay Districts, which are also subject to additional setbacks from the Ordinary High Water (OHW) mark and bluff lines. The City is required to be consistent with Executive Order 7919 enacting the Mississippi River Corridor Critical Area for the Critical River Overlay District as well as Minn. Stats. §§ 103F.301 -103F.345.84 and Minnesota Rules pts. 6105.0010-6105.0250, 6105.1400-6105.1500 for the Wild and Scenic Overlay District. Often times, property owners on riparian lots have the principal structure located up to, or in some instances encroaching on, the river setback (with approved Variances). The intent of the overlay districts is to prevent and mitigate irreversible damage to these natural resources and to preserve and enhance their values to the public (City Code §117-144) as well as control bluff land and river land development in order to protect and preserve the outstanding scenic, recreational, natural, historical, and scenic values (City Code §117-252). In these areas, it is just as important to protect the view from the river as it is from the road. In essence, these areas could be considered to have two front yards. These existing setbacks limit the areas where a detached accessory structure can be placed on parcels within these overlay districts.