Agenda - Council - 08/10/1993 - Laserfiche WebLink

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8) By a unanimous consensus, a requirement was added pertaining to building permits for accessory buildings that would require the property owners signature that no commercial use will be conducted in the accessory structure. After further review, City Staff is recommending that because the property owner is not always the person that applies for the building permit, that there be a disclaimer printed on building permits that stipulates that with the issuance and acceptance of the buitding permit, the property owner agrees that no commercial activity will be conducted in the accessory structure. 9) By a unanimous consensus, the lot size threshold for having metal accessory buildings was reduced from 2.5 acres to approximately 2.29 acres for all lots created prior to July 1, 1993. For all lots created after July 1, 1993, the lot size threshold for a metal accessory sumcture will be 5 acres. 10) By a unanimous consensus, a performance standard was added to require that any metal accessory building constructed within 75 feet of a property line shall be designed with soffit, facia and cave overhang. By a 4 to 1 consensus, the number of unlicensed vehicles permitted for outside storage was changed from one to zero. Councilmember Zimmerman felt that the outside storage of one unlicensed vehicle is reasonable and that the proposed change to zero was inappropriate based on the comments submitted to the Planning Commission at the public hearing. In addition, there are currently four disparate definitions for 'vehicle' in the City Code and it is Staffs recommendation that the definition used in Section 6.03 (Parking) is the one that should be used throughout Code. It is as follows: Any motorized or unmotorized vehicle including but not limited to, automobiles, trucks, motorcycles, buses, recreational vehicles, snowmobiles and trailers. The duplication and conflicting definitions in other sections of City Code will be reviewed and addressed during recodification, which is currently in process and expected to be completed by the end of the year. 12) By a 4 to 1 consensus, the definition for "Lot, minimum area of" was amended to indicate that the surface area of a lot shall be based on measurement from property line to property line, exclusive of any portion of the right-of-way of any public street or thoroughfare for all commercial, industrial and residential lots. Councilmember Zimmerman agreed with the basic definition but was opposed to eliminating the language that allows the ability to include road fight-of-way when meeting tot size requirements in the rural district. The proposed ordinance was introduced by City Council with a 3 to 2 vote on July 13, i993. Recommendation: It is Staffs position that the proposed ordinance, as it has been introduced, is a win-win situation. The elimination of the language that provides for the option to include road right-of-way when meeting lot size requirements will, from this point forward, put developers on the same playing field at the time of platting as property owners are at the time of code enforcement. For those of you that feel property owners have been wronged by the exclusion of road right-of-way when computing lot area for code enforcement purposes, the threshold for pole buildings is reduced from 2.5 acres to 2.3 acres (.2 acre is typical road right-of-way per lot) for all lots created prior to July 1, 1993. Another obstacle to getting this ordinance adopted has been the issue relating to how many unlicensed vehicles should be allowed for outside storage on a property. The current ordinance allows for outside storage of one unlicensed vehicle; the proposed ordinance prohibits any outside storage of unlicensed vehicles. If four of the five councilmembers are still not satisfied with the I I I I I I I I I I I I ! I I I I I I