04-15-2013 Planning Commission Packet

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Accessory Uses and Structures April 11,2013 Page 4 Under either section (a) or (b), a CUP is required to exceed the standard height limit. The CUP process and required findings are the same in either case, so the exiting language is confusing. Staff has presented 4 alternative concepts for discussion: Option 20A. No concept change: +SO% and >50% both require a CUP. In this option we eliminate (b) and add the CUP code reference to (a). Option 20B. Concept change: +50% via CUP and >SO% via variance. The intent here would be that the first 50% is a matter of right if the CUP findings are met, but anything above that is a variance requiring that practical difficulty be shown - i.e. harder to obtain. Option 20C. Concept change: +SO% OK; >SO% via CUP. In this option the extra 50% is allowed for the list of structures without any approval process required. If you want more than 50% increase, you need a CUP. This is what was in place from 1968 to 1977. Option 20D. Concept change: No Limit. Under this option which is in place in a number of other cities, the height limits established by code simply do not apply to this same list of structures (this list is common to many cities' codes). In some cases, they have other height- limiting standards for certain items within the list. Examples: Shorewood, Plymouth, Minnetonka, Lakeville. See also: editorial comments within the Draft Ordinance text. Section 21. This change merely adds "sport courts" to the list of oversize accessory structures that are subject to special setbacks (tennis courts, pools, paddocks, arenas). Section 22. A number of changes are made to Section 1405, Nonencroachments: 1405(1): "Mechanical devices" is removed (no longer appears in most cities' codes); "gutters" is added; "similar building elements" replaces "the like" to emphasize that these are parts of the principal building rather than free-standing fixtures. 1405(2): Reference to sign ordinances added; language changed to clarify setback requirement. 1405(3): Added window wells, driveways, sidewalks, and parking areas to list of allowed low or at-grade structures. 1405(4): Added `cantilevers' which is a more contemporary term for bays; added the word `aggregate' to specify that the total of all encroaching bays/cantilevers cannot exceed 20 square feet (if this is not added, it could be interpreted that many individual but separated bays and cantilevers would be possible for a single building); fire escape depth added to place some limit on the encroachment. 1405(5): Added `laundry drying equipment' as a non-encroachment in rear yard but must meet 5' setback.