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HomeMy WebLinkAbout12/08/2015 Workshop1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Workshop Meeting Agenda December 8, 2015 Andover City Hall Conference Rooms A & B 6.00 p.m. 1. Call to Order 2. Discuss Accessory Dwelling Units 3. Other Business 4. Adjournment C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: Discuss Accessory Dwelling Units DATE: December 8, 2015 REQUEST The Planning and Zoning Commission is requested to continue discussing accessory dwelling units (ADU) and the provisions to allow them in the City of Andover. BACKGROUND The City Council discussed ADUs at their September 15, 2015 workshop and directed the Planning and Zoning Commission to explore ordinance provisions to allow them in the City. The Planning and Zoning Commission at their October 13`h meeting reviewed several other cities' provisions and determined that ADUs should be allowed in the rural parts of the City, yet highly restricted. Staff brought this direction back to the City Council on October 20`h and the Council concurred with the Commission's recommendations and directed the Planning and Zoning Commission to proceed with drafting language and an ordinance amendment for their consideration. The Commission received a presentation on the City of Minneapolis' ADU requirements and continued discussions on ADUs at their November 10`h work session. Based on feedback from the Commission, staff has prepared a draft ordinance amendment for the Commission's consideration. Respectfully Submitted, David L. Carlberg Accessory Dwelling Unit (ADU). A. Purpose. The purpose of this subdivision is to permit and regulate an accessory dwelling unit (ADU). An ADU may be located within, attached or accessory to a single - family dwelling in the R -1, Single Family Rural zoning district only as a conditional use subject to the regulations set forth herein. The minimum lot size in the R -1 zoning district ensures that additional housing will have less impact on neighboring properties. Because this use will be located in established one - family residential districts (single family home neighborhoods), the installation and use of an accessory dwelling unit must be strictly controlled to avoid adverse physical, social, economic, environmental and aesthetic impacts. By allowing only those accessory dwelling units that are in compliance with all of the performance standards of this subdivision, the character and quality of existing neighborhoods will be protected. B. Definitions. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. Accessory Dwelling Unit (ADU) means a subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking and sanitation, added to, created within, or accessory to a single - family dwelling (hereinafter principal dwelling unit). C. Performance standards. No property within a single - family residential district shall have more than one dwelling unit, except an ADU may be permitted as conditional use to a single family dwelling when the following requirements are met: 1. The primary residence must be located on a lot within an R -1, Single Family Rural zoning district. 2. The property owner must reside in either the primary residence or the ADU as their permanent residence. The property owner must reside in the home not less than 185 days per calendar year and during which period the subject property continues to be the applicant's legal and principal residence. 3. An ADU may not be subdivided or otherwise segregated in ownership from the primary residence structure. 4. An ADU's total floor area shall be no more than 900 square feet or 33 percent of the primary residence's footprint (excluding any attached improvements not constituting four - season habitable rooms), whichever is less. An ADU's total floor area shall not be less than 500 square feet. 5. No ADU shall be permitted if the building coverage on the lot exceeds, or will exceed with the addition of the ADU, 20 percent of the lot or parcel. 6. An ADU shall be designed and maintained as to be consistent with the architectural design, style, appearance and character of the primary residence as a single - family residence. An ADU shall not extend beyond the height of the primary residence. 7. An ADU may be created by the conversion of living space within the primary residence, but not by conversion of garage space unless a new two -car (or larger) garage is constructed on the lot without the need for a variance and the converted ADU complies with all state and city regulations and codes. 8. The ADU shall contain no more than two bedrooms. 9. Two off - street parking spaces shall be required for the ADU, in addition to the off - street parking spaces required for the primary residence. An additional garage may be constructed, provided it complies with all state and city regulations. 10. No more than one ADU shall be permitted on a lot or parcel. 11. If the ADU has an exterior entry door, then it shall not be located on the same building fagade as the front entrance door for the primary residence. 12. An ADU shall have a permanent foundation. Houses on wheels or trailers shall be prohibited. 13. An ADU shall be constructed and maintained in accordance with all state laws, state building, plumbing, electrical, mechanical, and fire code regulations and City Code requirements. 14. An ADU that is interior or attached to the principal dwelling unit shall be interconnected with smoke and carbon monoxide (CO) detection and alarms. 15. The primary residence and ADU shall be constructed and maintained in compliance with the property maintenance regulations set forth in the City Code. 16. Rental of the accessory dwelling unit, or rental of the principal dwelling unit if the property owner resides in the accessory dwelling unit, shall require a City rental license pursuant to the City Code. 17. An accessory dwelling unit shall have a separate address from the principal dwelling unit on the lot, and shall be identified with address numbers pursuant to the City Code. It is unlawful for a property owner to construct or allow occupancy within an ADU that does not comply with all of the foregoing requirements. �RgFJ PLANNING AND ZONING COMMISSION WORKSHOP MEETING NOVEMBER 10, 2015 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on November 10, 2015, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Lynae Gudmundson, Bert Koehler, Kyle Nemeth, and Jeff Sims. Commissioners absent: Tim Cleven, Steve Peterson Also present: Community Development Director Dave Carlberg Others DISCUSS A CCESSOR Y D WELLING UNITS Mr. Carlberg introduced Mr. Doug Determan, Andover resident and also the Deputy Building Official with the City of Minneapolis who made a presentation to the Planning Commission on accessory dwelling units (ADU) and the experiences the City of Minneapolis has encountered implementing ADU regulations. Mr. Carlberg asked what the pattern was in Minneapolis for the twenty approved ADU's. Mr. Determan stated part of the reason zoning wanted to get going on ADU is because the rental licensing department discovered illegal units and there was no pathway to make these legal. He noted some of the twenty approved ADU's have been illegal units for years. Mr. Determan stated the ADU has to be owner occupied but the other occupant of the other dwelling does not have to be family. It can be a rental situation and a choice the City of Minneapolis made. 800 square feet is the maximum size of the ADU unless it is attic space. Mr. Determan reviewed the regulations for ADU's in Minneapolis with the Commission and showed some photos of ADU's. Mr. Carlberg stated they will have to talk about if they want to start in the rural area of the City with detached units so they do not start getting into duplex type of housing units because once they have that then they start running into possible rental licensing issues. Chairperson Daninger thanked Mr. Determan for the presentation and thought it was interesting to see how a large city handles these types of units. o Andover Planning and Zoning Commission Workshop Meeting 10C Minutes — November 10, 2015 Page 2 Mr. Carlberg reviewed some ADU regulations the Planning Commission might want to review. Chairperson Daninger asked why they are considering regulating ADU's. He thought it was in order to make sure they do not get illegal units or uncontrolled structures. Commissioner Nemeth agreed with Commissioner Gudmundson' previous statements regarding requiring a Conditional Use Permit (CUP) and having it come before them to get a CUP for the ADU's. This will allow the City to have some input in what is being built. Chairperson Daninger asked what is controlling this discussion. Mr. Carlberg stated this was driven by a question from a resident at Night to Unite and the Council's direction was instead of just guest houses where they can't have kitchen facilities, they should start looking accessory dwelling units to accommodate the return of the grandparents, parents or children to the home. There has been some interest from residents but the big picture is this is becoming a trend and they are seeing a lot of cities creating regulations in the past year and this is something that needs to be addressed. Commissioner Gudmundson stated from a research position there are several in Andover that are not legal at this time. Commissioner Nemeth thought it is also a matter of safety. He thought this was like the single family rentals and they will have to rely on people to be honest that they are building or improving a portion of their home and coming to the City for approval. Commissioner Gudmundson thought what Mr. Determan said about tiny houses is a good point and thought they should add the requirement of footings or a foundation. She indicated she did not have a problem with attached units but she thought maybe to help with the issue of becoming more like a duplex maybe they could do a percentage of the above grade part of the house. This might keep it accessory sized. She thought the ADU should be required to match the principal residence. The building codes are another thing that would need to be addressed. Commissioner Koehler asked what defined a kitchen. Mr. Carlberg thought it would be cooking facilities other than a microwave. Mr. Koehler stated if the kitchen is the defining factor, they need to define the kitchen. He did not think that the size of the dwelling should be limited because some couples may need more than one bedroom to live in. Commissioner Nemeth did not think the accessory dwelling should be regulated for related family members only because of the way relationships are today. Commissioner Koehler agreed. Chairperson Daninger thought the home needs to be owner occupied but agreed that the accessory dwelling would not need to be related to the owner of the property. Andover Planning and Zoning Commission Workshop Meeting Minutes — November 10, 2015 Page 3 Mr. Carlberg stated that it might be wise to have the accessory dwelling unit secure a rental license no matter who is living there. The Commission agreed on that. Commissioner Nemeth stated he did not want to box them in too much because of all of the different circumstance that could occur. Commissioner Koehler stated they could put limits on the number of people allowed to live in the accessory dwelling such as two per bedroom. The Commission discussed regulations and size of the dwelling accessory. Commissioner Gudmundson thought they should put a limit of one bedroom because the more bedrooms added makes it more advantageous of making it a rental and they do not necessarily want to go that way. Mr. Carlberg stated some cities did limit the ADU based on the square footage of the unit, but some allowed two bedrooms or a certain number of people to occupy the unit. Commissioner Nemeth stated another point he liked was having the ADU be a certain percentage of the actual primary residence footprint. He was leaning towards twenty -five percent. Mr. Carlberg thought if the Commission wanted to use a percentage of the unit, it should be based on the footprint of the livable portion of the residence otherwise the ADU could be quite large. Commissioner Nemeth stated he would like to see something regarding septic systems and having it certified to handle the additional space. Mr. Carlberg stated there are regulations regarding this as the septic design is based on the number of bedrooms. Mr. Carlberg stated staff will take the information and bring it forward to another worksession meeting in December. OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. ADJOURNMENT. Motion by Nemeth, seconded by Koehler, to adjourn the meeting at 6:55 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Cleven, Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. 1