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HomeMy WebLinkAboutOrdinance No. 2024-02 Accessory Dwelling Units AmendmentORDINANCE NO. 2024-02 AN ORDINANCE AMENDMENT REGARDING ACCESSORY DWELLING UNITS The City Council Of Edina Ordains: Section 1. Chapter 36, Article I — IN GENERAL is amended as follows: Sec. 36-10 Definitions Accessory Dwelling Unit means a dwelling unit located on the same parcel as a principal residential building to which it is accessory. Section 2. Chapter 36, Article III — Site Plan Review is amended as follows: Sec. 36-124. Exceptions. Except in those cases specifically cited within this chapter, the following shall be exempt from the foregoing requirements of this chapter: (1) Construction or alteration of a single-family or two-family residential building, accessory dwelling unit or accessory building; Section 3. Chapter 36, Article VIII, Division 2 of the Edina City Code is amended as follows: DIVISION II. SINGLE DWELLING UNIT DISTRICT Sec. 36-433. Principal uses. The principal uses permitted in the Single Dwelling Unit District (R-1) are as follows: (1) Buildings containing not more than one dwelling unit, including attached garages, except that the building may also contain an accessory dwelling unit pursuant to this chapter. Sec. 36-435. Accessory uses. Accessory uses permitted in the Single Dwelling Unit District (R-1) are as follows: (1) The following accessory uses are permitted on the same lot as a single dwelling unit building: j. Accessory dwelling units subject to the requirements of this Chapter. Sec. 36-438. Requirements for building coverage, impervious surface lot coverage, setbacks and height. Existing text — XXXX Stricken text —XXXX Added text — XXXX (3) Setbacks. Front Street Side Street Interior Side Yard Rear Yard 5. Buildings and structures accessory to single dwelling unit buildings: a. Detached garages, tool sheds, greenhouses and garden houses entirely within the rear yard, including the eaves. 30'** 15' 3' 3' b. Detached garages, tool sheds, greenhouses and garden houses not entirely within the rear yard. 30'** 15' 5' 5' c. Detached accessory 30'** 15' 5' 5' dwelling units 18 feet in height or less. d. Detached accessory 30'** 15' Same as required for principal building. 12' except that the setback may be reduced to 5' when abutting an alley. dwelling units over 18 feet but not more than 25 feet in height. ce. Unenclosed decks and patios. 30'** 15' 5' 5' 4f. Swimming pools, including appurtenant equipment and required decking. 30'** 15' 10' 10' eg. Tennis courts, basketball courts, sports courts, hockey and skating rinks, and other similar recreational accessory uses including appurtenant fencing and lighting. 30'** 15' 5' 5' Th. All other accessory buildings and structures. 30'** 15' 5' 5' gi. Window wells. NA NA 3' NA Existing text — XXXX Stricken text —XXXX Added text — XXXX (Window wells are exempt from the side yard setback requirement on one side.) (4) Height. 1. Single dwelling unit buildings and attached structures accessory thereto. 21/2 stories. For maximum height see 4. below. 2. Detached accessory dwelling units setback at least 5 feet from 11/2 stories or 18 feet whichever is side and rear lot lines. less. 3. Detached accessory dwelling units meeting the required 2 stories or 25 feet whichever is less. principal building side yard setback and a 12-foot rear yard setback, except that only a 5-foot setback is required from an alley right-of-way. 24. Other Bbuildings and structures accessory to single 11/2 stories or 18 feet whichever is less. dwelling unit buildings, but not attached thereto. 45. All other buildings and structures. 3 stories or 40 feet whichever is less. 46. The maximum height to the highest point on a roof of a single or double dwelling unit shall be 30 feet. For lots that exceed 75 feet in width, the maximum height to the ridge line shall be 35 feet, and the maximum height may be increased by one inch for each foot that the lot exceeds 75 feet in width. In no event shall the maximum height exceed 40 feet. Sec. 36-439. Special requirements. (2) 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 chapter 32. Accessory dwelling units shall comply with the following: a. Accessory dwelling units shall only be permitted on lots where the principal use is a single dwelling unit building. b. There shall be no more than one (1) accessory dwelling unit permitted per lot. c. Accessory dwelling units may be attached to, detached from, or internal to a single dwelling unit building. Accessory dwelling units must be fully Existing text — XXXX 3 Stricken text )(XXX Added text — XXXX ATT Sharon I iso , City Clerk James B. Hovland, Mayor separated from the principal dwelling unit by means of a wall or floor and have a separate entrance than the principal dwelling unit. The separating wall may have a door connecting the accessory dwelling unit to the principal dwelling unit. d. The accessory dwelling unit shall not be sold independently of the principal dwelling unit and may not be a separate tax parcel. e. Rental of either the accessory dwelling unit or principal dwelling unit requires a rental license pursuant to Chapter 10 of the City Code. Only one unit (either the accessory dwelling unit or principal dwelling unit) may be rented at one time. f. Accessory dwelling units shall not exceed 1,000 square feet of floor area except that an accessory dwelling unit located within an existing basement of a single dwelling unit building may occupy the entire basement. g. The accessory dwelling unit and principal dwelling unit must comply with all current Minnesota Residential Code provisions. h. The accessory dwelling unit must be connected to municipal sewer and water. Connections for water and sanitary sewer shall be provided from service lines shared with the principal dwelling unless otherwise approved by the Public Works Director. i. Accessory dwelling units that are attached or internal to the single dwelling unit building shall be subject to the following: i. Shall abide by the height and setback requirements for the single dwelling unit building. ii. The creation of the accessory dwelling unit shall not result in additional entrances facing the public street. iii. Exterior stairs leading to an accessory dwelling unit are not allowed on the front of the single dwelling unit building. j. Accessory dwelling units that are detached from the single dwelling unit building shall be subject to the following: i. Shall be located behind the rear building line of the single dwelling unit building. ii. Rooftop decks are not permitted. Section 2. This ordinance is effective immediately upon passage. First Reading: April 16, 2024 Second Reading: Waived Published: Existing text — XXXX Stricken text — )(XXX Added text — XXXX