Agenda - Council - 02/08/2011 - Laserfiche WebLink

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CC Regular Session Date: 02/08/2011 By: Chris Anderson Community Development Information Item #: 7. 1. Title: Adopt Ordinance to Amend Section 117 -111 (R -1 Residential District) of the Ramsey Zoning Code Relating to Rear Yard Setbacks in the R -1 MUSA District 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 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. Staff 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 for principle structures. It should be noted that the setback for detached accessory buildings is and will remain at five (5) feet, exclusive of easements etc. 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. 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, regardless of the status of adjoining parcels. The proposed ordinance, which establishes a reduced setback of twenty (20) feet for properties whose rear lot line entirely adjoins land zoned as Park, would provide some flexibility for properties owners without conflicting with the intent of the rear yard setback requirement. Through the Comprehensive Plan process, one strategy identified was to incorporate more flexible zoning tools, especially in light of the recent Minnesota Supreme Court action that has restricted how cities can interpret reasonable use standards for variances. On January 25, 2011, City Council introduced the proposed ordinance to provide a reduced rear yard setback of twenty (20) feet for properties within the R -1 (MUSA) District whose entire rear property line adjoins land zoned as Park. The ordinance is now eligible for adoption.