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HomeMy WebLinkAbout2013-07 Amending Section 850 Concerning R-1 Single Dwelling Unit District ad R-2 Double Dwelling Unit District, Requirement For Building Coverage, Setback, Height and General Regulations ORDINANCE NO. 2013-7 AN ORDINANCE AMENDMENT REGARDING THE R-1,SINGLE- DWELLING UNIT DISTRICT,AND R-2, DOUBLE DWELLING UNIT DISTRICT REQUIREMENTS FOR BUILDING COVERAGE,SETBACK, HEIGHT&GENERAL REGULATIONS THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Subsection 850.03. Subd. 3. Definitions is hereby amended as follows: Building Height or Structure Height. (Commercial, Industrial and High Density Residential)The distance measured from the average existing ground elevation adjoining the building at the front building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, or to the average distance of the highest gable on a pitched or hip roof. References in this Section to building height shall include and mean structure height, and if the structure is other than a building, the height shall be measured from said average existing ground elevation to the highest point of the structure. "Existing ground elevation" means the lowest of the following elevations: (1) the grade approved at the time of the subdivision creating the lot, (2)the grade at the time the last demolition permit was issued for a principal structure that was on the lot, (3) the grade at the time the building permit for a principal structure on the lot is applied for. Building Height or Structure Height. (Single & Two Dwelling Unit Buildings)The distance measured from the average existing ground elevation adjoining the building at the front building line to the highest point on a roof. References in this Section to building height shall include and mean structure height, and if the structure is other than a building, the height shall be measured from said average existing ground elevation to the highest point of the structure. "Existing ground elevation" means the lowest of the following elevations: (1) the grade approved at the time of the subdivision creating the lot, (2) the grade at the time the last demolition permit was issued for a principal structure that was on the lot, (3) the grade at the time the building permit for a principal structure on the lot is applied for. Residential Maintenance Access. For a single and double dwelling unit, a clear flat walkway from a front yard to a rear yard. This area allows outside pedestrian access and space to bring equipment from a front yard to a rear yard without any encroachment on neighboring property. Section 2. Subsection 850.07. Subd. 7. is hereby amended as follows: Subd. 7. Drainage, Retaining Walls&Site Access. 1. Drainage. No person shall obstruct or divert the natural flow of runoff so as to harm the public health, safety or general welfare. Surface water runoff shall be properly conveyed into storm sewers, watercourses, ponding areas or other public facilities. As part of the building permit, the applicant must submit a grading and erosion control plan along with a stormwater management plan that is signed by a licensed professional engineer. The stormwater management plan must detail how stormwater will be controlled to prevent damage to adjacent property and adverse impacts to the public stormwater drainage system. The plans must be approved by the city engineer and the permit holder must adhere to the approved plans. Ordinance No. 2013-7 Page 2 2. Retaining Walls. All retaining walls must be shown on a grading plan as part of a building permit application. Plans must demonstrate materials to be used for the retaining wall construction. Retaining walls taller than four (4) feet must meet a three (3)foot setback. 3. Site Access. In an R-1 or R-2 Zoning District, a residential maintenance access of at least three (3) feet in width is required on one side of a single or two dwelling unit from the front yard to the rear yard. Section 3. Subsection 850.11.Subd. 6. is hereby amended as follows: Subd.6 Requirements for Building Coverage,Setbacks and Height. A. Building Coverage. 1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be not more than 25 percent for all buildings and structures. On lots with an existing conditional use, if the combined total area occupied by all accessory buildings and structures, excluding attached garages, is 1,000 square feet or greater, a conditional use permit is required. 2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not more than 30 percent for all buildings and structures, provided, however, that the area occupied by all buildings and structures shall not exceed 2,250 square feet. 3. The combined total area occupied by all accessory buildings and structures, excluding attached garages, shall not exceed 1,000 square feet for lots used for single dwelling unit buildings. 4. Building Coverage shall include all principal or accessory buildings, including, but not limited to: a. Decks and patios. The first 150 square feet of an unenclosed deck or patio shall not be included when computing building coverage. b. Gazebos C. Balconies. d. Breezeways. e. Porches. f. Accessory recreational facilities constructed above grade, such as paddle tennis courts. The following improvements shall be excluded when computing building coverage: a. Driveways and sidewalks, but not patios, subject to 3.a. above. b. Parking lots and parking ramps. C. Accessory recreational facilities not enclosed by solid walls and not covered by a roof, including outdoor swimming pools,tennis courts and shuffleboard courts. Ordinance No. 2013-7 Page 3 d. Unenclosed and uncovered steps and stoops less than 50 square feet. e. Overhanging eaves and roof projections not supported by posts or pillars. Section 4. Subsection 850.11.Subd. 7.A. is hereby amended as follows: Subd. 7 Special Requirements. In addition to the general requirements described in Subsection 850.07, the following special requirements shall apply. A. Special Setback Requirements for Single Dwelling Unit Lots. B.One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling unit shall be erected, placed or used on any lot unless the lot is subdivided into two or more lots pursuant to Section 810 of this Code. C. Basements. All single dwelling unit buildings shall be constructed with a basement having a gross floor area equal to at least 50 percent of the gross floor area of the story next above. The floor area of accessory uses shall not be included for purposes of this paragraph. D. Minimum Building Width. No more than 30 percent of the length, in the aggregate, of a single dwelling unit building shall measure less than 18 feet in width as measured from the exterior of the exterior walls. E. Parking Ramps Prohibited. No parking ramp shall be constructed in the R 1 District. F. Temporary retail sales of evergreen products from Conditional Use properties 1. The Manager may grant a permit for temporary retail sales of evergreen products, if: a. the owner of the property or other non-profit group approved by the owner conducts the sale. b. the duration of the sale does not exceed 45 consecutive days and does not start before November 15 in any year. C. the sale area is located in a suitable off-street location that does not interfere with traffic circulation on the site or obstruct parking spaces needed by the principal use on the site. d. the sale area is not located within 200 feet of a property zoned and used for residential occupancy. e. the hours of operation do not extend beyond 10:00 p.m. f. signage is limited to one sign per street frontage with an aggregate sign area not exceeding 100 square feet. G. Additions to or replacement of, single dwelling unit buildings and buildings containing two dwelling units. For additions, alterations and changes to, or rebuilds of existing single dwelling unit buildings and buildings containing two dwellings, the first floor elevation may not be more than one foot above the existing first floor elevation. If a split level dwelling is torn down and a new home is built, the new first floor or entry level elevation may not be more than one foot above the front entry elevation of the home that was torn down. Subject to Section 850.11 Subd. 2. I. the first floor elevation may be increased more than one (1) foot. The provisions of this paragraph shall apply to all single dwelling unit buildings and Ordinance No. 2013-7 Page 4 buildings containing two dwelling units including units in the flood plain overlay district. Any deviation from the requirements of this paragraph shall require a variance. Section S. This Ordinance is effective upon its passage and publication. First Reading: July 16, 2013 Second Reading: August 5, 2013 Published: August 15, 2013 i Attest ebra A. Mangen, City e& ames B. viand, Mayor PLEASE PUBLISH IN THE EDINA SUN CURRENT,THURSDAY,AUGUST 15, 2013 SEND TWO AFFIDAVITS OF PUBLICATION BILL TO EDINA CITY CLERK City of Edina 2. Retaining Walls.All retaining walls be included for purposes of this para- must be shown on a grading plan as graph. (Official Publication) part of a building permit application. D.Minimum Building Width.No more ORDINANCE NO.2D13-7 Plans must demonstrate materials to than 30 percent of the length,in the ag- AN ORDINANCE AMENDMENT be used Retainfor theing retaining wall n four(4) gregate,of a single dwelling unit build- tion.Retaining walls taller than four(4) 9 9 REGARDING THE R-1,SINGLE- feet must meet a three(3)foot setback. ing shall measure less than 18 feet in DWELLING UNIT DISTRICT,AND R- width as measured from the exterior of MEDIA 2,DOUBLE DWELLING UNIT 3.Site Access.In an R-1 or R-2 Zoning the exterior walls. DISTRICT REQUIREMENTS FOR District,a residential maintenance ac- - E.Parking Ramps Prohibited.No park BUILDING COVERAGE,SETBACK, cess of at least three(3)feet in width is ing ramp shall be constructed in the HEIGHT&GENERAL required on one side of a single or two 1 District. AFFIDAVIT OF PUBLICATION REGULATIONS dwelling unit from the front yard to the THE CITY COUNCIL OF EDINA OR- rear yard. F.Temporary retail sales of evergreen STATE OF MINNESOTA ) DAINS: Section 3.Subsection 850.11.Subd.6. products from Conditional Use proper- Section 1.Subsection 850.03.Subd.3. is hereby amended as follows: ties SS. Definitions is hereby amended as fol- 1.The Manager may grant a permit for COUNTY OF HENNEPIN ) lows: Subd. 6 Requirements for Building Coverage,Setbacks and Height. temporary retail sales of evergreen Jeremy Bradfield, being duly sworn on an products,if:Building Height or Structure Height. (Commercial,Industrial and High Den- A.Building Coverage. a.the owner of the property or other oath, states or affirms that he Is the sityResidential)Thedistance measured 1.Lots 9,000 Square Feet or Greater in non-profit group approved by the Advertising Director of the newspaper(s) from the average existing ground ele- Area. Building coverage shall be not owner conducts the sale. vation adjoining the building at the front more than 25 percent for all buildings known as building line to the top of the cornice of and structures.On lots with an existing b.the duration of the sale does not ex- a flat roof,to the deck line of a mansard conditional use, if the combined total ceed 45 consecutive days and does Edina Sun-Current roof,to a point on the roof directly area occupied by all accessory build- not start before November 15 in any above the highest wall of a shed roof, ings and structures, excluding at- year. to the uppermost point on a round or tached garages,is 1,000 square feet or c.the sale area is located in a Suitable other arch-type roof,or to the average greater,a conditional use permit is re- off-street location that does not inter- distance of the highest gable on a quired. fere with traffic circulation on the site or and has full knowledge of the facts stated pitched or hip roof.References in this 2 Lots Less Than 9,000 Square Feet in obstruct parking spaces needed by the Section to building height shall include q principal use on the site. below: and mean structure height,and if the Area. Building coverage shall be not p p (A)The newspaper has complied with all of structure is other than a building,the more than 30 percent for all buildings d.the sale area is not located within height shall be measured from said av- and structures,provided,however,that 200 feet of a property zoned and used the requirements constituting qualifica- erage existing ground elevation to the the area occupied by all buildings and for residential occupancy. tion as a qualified newspaper as provid- highest point of the structure."Existing structures shall not exceed 2,250 ground elevation"means the lowest of square feet. e.the hours of operation do not extend ed by Minn. Stat. §331A.02, §331A.07, the following elevations:(1)the gradebeyond 10:00 p.m. 3.The combined total area occupied and other applicable laws as amended. approved at the time of the subdivision by all accessory buildings and struc- f. signage is limited to one sign per public notice that IS at- creatingthelot,(2)the grade atthe time tures, excluding attached garages, street frontage with an aggregate sign (B)The Printed P the last demolition permit was issued shall not exceed 1,000 square feet for area not exceeding 100 square feet. tached was published In said neWspa- for a principal structure that was on the lots used for single dwelling unit build- lot, 3 the rade at the time the build- gl Additions to or replacement of,sin- per(s) once each week, for One suc- ( ) 9 ings. le dwelling unit buildingsand build- ing permit for a principal structure on 9 9 cessive week(s);it was first published on the lot is applied for. 4. Building Coverage shall include all ings containing two dwelling units.For principal or accessory buildings, in- additions,alterations and changes to, Thursday, the 15 day of Building Height or Structure Height. cluding,but not limited to: or rebuilds of existing single dwelling August 2013, and was there- (single&Two Dwelling Unit Build- unit buildings and buildings containing after printed and published on ever ings)The distance measured from the a. Decks and patios. The first 150 two dwellings,the first floor elevation p P Y average existing ground elevation ad- square feet of an unenclosed deck or may not be more than one foot above Thursday to and including Thursday,the joining the building at the front building patio shall not be included when com- the existing first floor elevation.Ifasplit line to the highest point on a roof.Ref- puting building coverage. level dwelling is torn down and a new day of 2013; erences in this Section to building b.Gazebos home is built,the new first floor or entry and printed below is a copy of the lower height shall include and mean structure level elevation may not be more than case alphabet from A to Z, both inclu- height,gdifthe structure isother than c.Balconies. one foot above the front entry elevation a building, the height shall be mea- of the home that was torn down.Sub- sive, which is hereby acknowledged as sured from said average existing d.Breezeways. ject to Section 850.11 Subd.2. I.the beingthe size and kind of a used in ground elevation to the highest point of e.Porches. first floor elevation may be increased YP the structure. "Existing ground eleva- more than one(1)foot.The provisions the composition and publication of the tion"means the lowest of the following f.Accessory recreational facilities con- of this paragraph shall apply to all sin- elevations: (1)the grade approved at structed above grade,such as paddle gle dwelling unit buildings and build- the time of the subdivision creating the tennis courts. ings containing two dwelling units in- abcdef hi'klmno rstuvwx z lot,(2)the grade at the time the last de- The following improvements shall be cluding units in the flood plain overlay 9 1 pq Y molition permit was issued for a princi- excluded when computing building district.Any deviation from the require- pal structure that was on the lot,(3)the coverage: ments of this paragraph shall require a grade at the time the building permit for variance. a principal structure on the lot is ap- a. Driveways and sidewalks, but not Section 5.This Ordinance is effective plied for. patios,subject to 3.a.above. upon its passage and publication. Residential Maintenance Access.For a b.Parking lots and parking ramps. First Reading:Jul 16,2013 single and double dwelling unit,a clear g y flat walkway from a front yard to a rear c.Accessory recreational facilities not Second Reading:August 5,2013 yard.This area allows outside pedestri- enclosed by solid walls and not cov- 9 9 an access and space to bring equip- ered by a roof,including outdoor swim- Published:August 15,2013 BY: ment from a front yard to a rear yard ming pools,tennis courts and shuffle- without any encroachment on neigh- board courts. Attest Advertising Director Debra A.B Hovland, City Clerk g boring property. d. Unenclosed and uncovered steps James B.Hovland,Mayor Section 2.Subsection 850.07.Subd.7. and stoops less than 50 square feet. is hereby amended as follows: e.Overhanging eaves and roof projec- (Aug.15,2013)D1-Ord2013-7 Subscribed and sworn to or affirmed Subd. 7. Drainage, Retaining Walls& tions not supported by posts or pillars. before me on this 15 day of Site Access. Section 4. Subsection 850.11. Subd. August 2013. 1.Drainage.No person shall obstruct 7.A.is hereby amended as follows: or divert the natural flow of runoff so as Subd.7 Special Requirements.In addi- to harm the public health, safety or tion to the general requirements de- general welfare. Surface water runoff scribed in Subsection 850.07,the fol- 7 shall be properly conveyed into storm lowing special requirements shall L// sewers, watercourses, ponding areas apply. or other public facilities. Notary Public art of the buildin permit,the A. Special Setback Requirements for As P 9 P P- Single Dwelling Unit Lots. plicant must submit a grading and ero- sion control plan along with a stormwa- B. One Dwelling Unit Per Single ter management plan that is signed by Dwelling Unit Lot. No more than one a licensed professional engineer.The dwelling unit shall be erected,placed or Ea��go,- JULIA I. HELKENN stormwater management plan must used on any lot unless the lot is subdi- detail how stormwater will be con- vided into two or more lots pursuant to NOTARY PUBLIC•MINNESOTA trolled to prevent damage to adjacent Section 810 of this Code. property and adverse impacts to the C.Basements.All single dwelling unit My COMM.Exp,Jan,31,2015 public stormwater drainage system. buildings shall be constructed with a The plans must be approved by the city basement having a gross floor area engineer and the permit holder must equal to at least 50 percent of the gross adhere to the approved plans. floor area of the story next above.The floor area of accessory uses shall not