Agenda - Council - 01/25/2011 - Laserfiche WebLink

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CC Regular Session Date: 01/25/2011 By: Chris Anderson Community Development Information Item #: 7. 5. Title: Introduce Ordinance to Amend Section 117-111 (R-1 Residential District) of Chapter 117 of the Ramsey Zoning Code Background: In December of 2010, the Board of Adjustments reviewed a request for a variance to rear yard setbacks within the R-1 Residential (MUSA) district. The request happened to involve a property adjacent to parkland and a stormwater pond encumbered by a public drainage and utility easement, rather than other residential lots. As that request was considered, the Board asked Staff to clarify the intent of the rear yard setback. Staff informed the Board that the main purpose is to keep some separation between living spaces on adjoining parcels. Considering the main intent of the setback, the Board directed Staff to modify City Code to provide a reduced rear yard setback for parcels within the R-1 Residential (MUSA) area adjoining open space areas. Notification: In accordance with State Statute, a public hearing notice was published in the Anoka County Union. Observations: Currently, City Code requires a rear yard setback of thirty (30) feet within the MUSA area of the R-1 Residential zoning district. The setback is applicable regardless of the status of adjoining parcels. So, regardless of whether a parcel adjoins another single family lot or a separate lot that is dedicated park space, wetland or storm water pond, one cannot deviate from the required setback without the issuance of a variance. Staff has prepared a draft ordinance that would provide a reduced rear yard setback of twenty (20) feet within the MUSA area of the R-1 Residential zoning district. After reviewing various scenarios with the Planning Commission, it was determined that the best approach would be to restrict the reduced rear yard setback such that it was applicable only to lots whose rear property line entirely adjoined parcels that were zoned Park. While this zoning designation does not yet exist, as part of the Comprehensive Plan Update, the zoning map will be amended and will include a new zoning designation specifically for Parks. Also as part of the Comprehensive Plan process, many goals and strategies directed the City to consider more flexible zoning tools. In addition, a recent Minnesota Supreme Court action changed the way cities are allowed to interpret reasonable use standards for variances. This amendment introduces flexibility in zoning standards, on a limited basis, in an attempt for find a unique circumstance that still meets the intent of the zoning standard. The Planning Commission conducted a public hearing at their January 6, 2011 regular meeting. There were no verbal or written comments received concerning the proposed reduced rear yard setback. Recommendation: