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HomeMy WebLinkAbout01/13/2016 WorkshopA 1685 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 January 13, 2016 Andover City Hall Conference Rooms A & B 6.00 a.m. 1. Call to Order 2. Continue Discussion on Accessory Dwelling Units 3. Other Business 4. Adjournment C T Y 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVE R.MN.US TO: , Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: Discuss Accessory Dwelling Units DATE: January 13, 2016 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 Planning and Zoning Commission has held two workshops in November and December to discuss ADU provisions. Attached is the latest revised ordinance for Commission review and discussion. Items in need of further discussion are highlighted in yellow. Also attached are the minutes from the November 10th and December 81' workshop meetings. Attachments Draft Ordinance December 8, 2015 Workshop Draft Minutes November 10, 2015 Workshop Minutes Respectfully Submitted, „= q 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 with a minimum lot size of 2.5 acres. 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 and not less than 500 square feet. 5. 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. 6. 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. 7. The ADU shall contain no more than two bedrooms. 8. 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. 9. No more than one ADU shall be permitted on a lot or parcel. 10. 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. 11. An ADU shall have a permanent foundation. Houses on wheels or trailers shall be prohibited. 12. 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. 13. An ADU that is interior or attached to the principal dwelling unit shall be interconnected with smoke and carbon monoxide (CO) detection and alarms. 14. The primary residence and ADU shall be constructed and maintained in compliance with the property maintenance regulations set forth in the City Code. 15. 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. 16. 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. �Rq�cT PLANNING AND ZONING COMMISSION WORKSHOP MEETING — DECEMBER 8, 201 S The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on December 8, 2015, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Timothy Cleven, Bert Koehler IV, Kyle Nemeth, and Jeff Sims (arrived at 6:39 p.m.). Commissioners absent: Commissioners Lynae Gudmundson and Steve Peterson Also present: Community Development Director Dave Carlberg City Building Official Fred Patch Others DISCUSS ACCESSORY DWELLING UNITS Mr. Carlberg made a presentation to the Planning Commission on accessory dwelling units (ADU) and the provisions to allow them in the City of Andover. Based on feedback from the Commission, staff prepared a draft ordinance amendment for the Commission's consideration. Research was carried out utilizing the ordinances of several different local cities. Commissioners expressed their desire that a 2.5 -acre minimum lot requirement be maintained in this draft due to an effort to protect the privacy of adjacent neighbors. This clarification should be added to section C.1. Commissioner Cleven asked for clarification on why the draft ordinance would state that the property owner must reside in the home not less than 183 days per calendar year. There was further discussion regarding the number of days. It was determined that 185 is required for Minnesota residency. Commissioner Nemeth inquired as to if requiring residents to homestead would suffice and resolve the issue. Mr. Carlberg replied he believed that was where the draft language came from. Commissioner Koehler inquired if a resident could homestead in an ADU. Andover Planning and Zoning Commission Workshop Meeting O� Minutes —December 8, 2015 Page 2 � The Commission discussed homestead regulations and how the draft ordinance would potentially affect ADU owners and occupants, specifically those with two homes. Mr. Patch indicated that it is important to have good guidelines, but if it came to enforcement, it would be difficult. Commissioner Koehler stated that the ordinance is more for intent than enforcement, for example in the case of someone moving out of state. Mr. Patch stated, in the past, that in order to qualify for homestead, one needed to reside on the property on January 1. Commissioner Nemeth asked to take his comment "off the table," because in the case of a snowbird, they would still "reside" as stated in the draft ordinance. Commissioner Koehler requested that the ordinance be "wordsmithed" to represent the intention to reside. The Commission discussed how to limit the size of an ADU. Mr. Carlberg clarified that one property can have two addresses, e.g. Suite A and Suite B. He further stated, in reference to section C.4 of the draft ordinance, that staff has a preference for a maximum and minimum size for the ADU. Chairperson Daninger recommended that the ordinance be changed to state that the floor area be limited to 500 — 900 square feet, based on the trend research done by other cities. Mr. Patch recommended that the wording "residential floor area" be used. He further explained that "dwellings" are all kinds of buildings including sheds, etc. So it is useful to distinguish what is residential from a building code standpoint. Commissioner Koehler questioned what would happen if a big garage is attached to a home that included residential space. Mr. Carlberg clarified that only the residential part of the building would be considered an ADU and that the garage itself would not be part of the ADU. Mr. Patch said that the second floor could possibly be a separate dwelling. Commissioner Nemeth expressed his desire to include section C.5 in the draft ordinance amendment, which refers to the ADU not being permitted, if the building coverage exceeds or will exceed, with the ADU, 20 percent of the lot or parcel. Chairperson Daninger requested that section C.5 be re- written for clarity. Andover Planning and Zoning Commission Workshop Meeting �/1 Minutes — December 8, 2015 II 4q' Page 3 Mr. Carlberg recommended that the section (C.5) be struck as it applies to a rural lot. Mr. Patch stated that section C.8, regarding the number of bedrooms, is redundant to existing provisions. Chairperson Daninger explained that even though it is redundant, it is good to have all of the details in one place, instead of an asterisk to another ordinance. Commissioner Koehler asked the question, "If everything meets code, why do we care about the number of bedrooms ?" Chairperson Daninger stated that this question could be brought to the Council. Commissioner Koehler expressed that there are examples of families that need affordable housing with more bedrooms, however he is all for limiting the "frat house." Mr. Carlberg stated that this provision was included to make the ADU accessory. Chairperson Daninger asked that the bedroom requirement section be flagged and that the full Commission be in attendance in order to discuss it further as there has been quite a bit of debate. Commissioner Koehler asked if section C.9 would limit two cars to be parked outside. Mr. Carlberg stated that the proposed ordinance amendment would not limit the number of cars that can be parked on a particular property, although cars must be parked on the driveway or other allowed surfaces. In reference to an additional garage being built, Commissioner Nemeth asked if a permit would be required. Mr. Carlberg confirmed that a minimum of two parking spots would be required and that a permit would be required to build a garage. Mr. Patch explained the differentiation between a single and two - family dwelling in reference to section C.11. The key point is what is the separation between the two dwellings. He continued by stating that the change of occupancy is complicated and has a significant number of requirements related to sprinklers, etc. In this case, a home has to remain a single family dwelling. A distinction is that the wiring, plumbing, and fire alarm system is connected. These types of homes are already all over the state. As long as the two living spaces are interconnected, it is considered a single - family dwelling. Mr. Patch showed examples of homes fitting this criterion. The placement of separate exterior doors was discussed as well. He also explained why in some ways this type of Andover Planning and Zoning Commission Workshop Meeting Minutes — December 8, 2015 At, Page 4 set up can be no different than a master bedroom suite. He said that he needed to spend Fr more time looking at the issue from a building code perspective. Commissioner Sims arrived at 6:39 p.m. Mr. Patch stated that an attached ADU needs to have a door between, and if it is through the garage, that qualifies. He told the Commission to forget about the idea of an attached ADU, because there is already code for that. If an ADU is detached, that is another matter, and that is what the City needs provision for. Mr. Carlberg reminded the Commissioners that guesthouses are permitted, but they do not have kitchens. Commissioner Koehler asked for clarification. If an ADU is attached, was there really a reason to discuss the matter further, because the City already has a code for that. Mr. Patch stated that if an ADU is a completely separate building, current building code will not allow for that. He continued by saying that state building code does not address this situation very well. Commissioner Cleven reiterated by saying that if you put a door inside, between units, it is one residence. Chairperson Daninger inquired if Mr. Patch could come to another workshop meeting, in January, as he did not want to rush through the discussion of the rest of the draft ordinance amendment. Mr. Carlberg indicated that the group could hold another workshop at 6 pm before the January 13, 2016, regular Planning and Zoning Commission meeting. ADJOURNMENT: Motion by Nemeth, seconded by Cleven, to adjourn the meeting at 6:53 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 - absent vote. Respectfully Submitted, Marlene White, Recording Secretary Timesaver Off Site Secretarial, Inc. 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 ACCESSORY DWELLING 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. 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 have been illegal units for years. Mr. Determan stated the ADU has to be owner occupied but the 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 in Minneapolis with the Commission and showed some photos of ADU. 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. Andover Planning and Zoning Commission Workshop Afeeting 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. 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. 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 at ADU 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 ADU 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.