HomeMy WebLinkAbout14.A. Amendment to City Code Sec. 11.86, Subd. 2-Ord. No. 697
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CITY OF SHAKOPEE / tf. f).
Memorandum
CASE LOG NO.: 04-003
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Nicole Peterson, Planner I - GIS
SUBJECT: Amendment to City Code Section 11.86, Subd. 2
MEETING DATE: March 2, 2004
INTRODUCTION:
At the November 6, 2003, Board of Adjustment hearing, a request for an over height accessory
structure was heard and approved. In the processing of the request, staff noticed a seeming error in
Code Section 11.86 Subdivision 2 A. The second standard (in a list of 12) states that, "height shall
not exceed two (2) times the distance of the setback."
Staff recommends the removal of the condition based on the fact that the ordinary side and rear yard
setback for accessory structures is5 feet. Two times that number (5) would be 10. Fifteen (15) feet
is the permitted height of accessory structures in the residential zones. Therefore, the standard is
irrelevant.
Staff offers the following proposed ordinance change for the Council's consideration.
AL TERNA TIVES:
1. Approve Ordinance No. 697, approving the text amendment as presented.
2. Approve Ordinance No. 697, approving the text amendment with revisions.
3. Do not approve the proposed amendment.
4. Table the matter for additional information.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission reviewed the proposed amendment at its February 5,2004, meeting. The
Commission has recommended approval of the proposed amendment as presented. A copy of the staff
report from the January 8 Commission meeting is attached for the Council's reference.
ACTION REQUESTED:
Offer and pass a motion to approve Ordinance No. 697, amending City Code Sec. 11.86, Subd. 2 as
presented.
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Nicole Peterson
Planner I - GIS
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ORDINANCE NO. 697. FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 11.86 ZONING ORDINANCE AMENDMENTS
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS:
Section 1 - That City Code Chapter 11, Zoning, Section 11.86, is hereby amended
by adding the language which is underlined and deleting the language which is
strucktlH"ough.
City Code Sec. 11.86, Subd. 2.A;
2. Height shall Bot exceed t'l/O (2) times the distaflce of the setback.
Section 2 - - Effective Date. This ordinance becomes effective from and after its
passage and publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held the day of ,2004.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of ,2004.
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 04003
TO: Shakopee Planning Commission
FROM: Nicole Peterson, Planner I-GIS
Phone: 952.496.9675 emai1: NPeterson@cLshakopee.mn.us
SUBJECT: Text Amendment Regarding Conditional Use Permit standards for
residential accessory structures, over the specified size, in the Old
Shakopee Re~idential (R-l C) Zone.
:MEETING DATE: February 5, 2004
REVIEW PERIOD: Not applicable as an application is not pending
INTRODUCTION:
At the November 6, 2003, Board of Adjustment hearing, a request for an over height accessory
structure was heard and approved. In the processing of the request, staff noticed a seeming error
in Code Section 11.86 Subdivision 2 A. The second standard (in a list of 12) states that, "height
shall not exceed two (2) times the di~tance of the setback."
Staff recommends the removal of the condition based on the fact that the ordinary side and rear
yard setback for accessory structures is 5 feet. Two times that number (5) would be 10. Fifteen
(15) feet is the permitted height of accessory structures in the residential zones. Therefore, the
standard is irrelevant.
Staff offers the following proposed change for the Commission's consideration;
SEC. 11.86. CONDITIONAL USE PERMIT STANDARDS FOR RESIDENTIAL
ZONES. Subd. 2. Specific Standards for Residential Zones.
A. Accessory structures over the specified size in the Old Shakopee Residential
(R -1 C) Zone:
2. Height shall not exceed two (2) times the distance of the setback;
ALTERNATIVES:
1. Recommend to the City Council the text amendment as proposed by staff.
2. Recommend to the City Council some other text amendment.
3. Recommend to the City Council that no change be made, with direction to staff that Conditional
Use Permit standard under current Code Sec. 11.86.Subd. 2.A(2) stands.
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4. Continue the public hearing for additional infonnation.
5. Table the matter for additional infOlmation.
STAFF RECOMMENDATION:
Staff recommends alternative no. 1 or 2.
ACTION REQUESTED:
Recommend to the City Council the text amendment as proposed by staff or with revisions.
t'~t; ;1>el:?e~~Z
Nicole Peterson
Planner I - GIS
.
H: \Reports\PC\02. 05 .04textamend. doc 2