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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 30 7. #13-3644 CITY OF ORONO – ZONING CODE AMENDMENT – MINIMUM DWELLING SIZE STANDARDS – ORDINANCE TABLED Gaffron stated as a result of a zoning application last summer for a lot with a minimal buildable envelope, as well as questions recently raised with regard to a violation situation involving the premise that a tiny uninhabitable cabin should have status as a principal dwelling, Staff has conferred with the City Attorney and concluded that a minimum dwelling size ordinance should be enacted. Currently only the RPUD District and the RS District are subject to a minimum single-family detached dwelling size. Gaffron stated in order to address the issue, Staff has reviewed the State Building Code as well as ordinances in effect in other cities. For cities where minimum dwelling size standards exist, a wide range of standards was found. Some cities regulate just the length and width, some regulate the minimum combined floor area of all floors, while some regulate the footprint without addressing the number of floors. Gaffron indicated at the November Planning Commission meeting, this item was briefly discussed and a public hearing was held. There were no public comments and the item was tabled to the January 8 work session. On January 8, the Planning Commission reviewed the reasons for the need to have a minimum dwelling size standard in the Code. Gaffron noted the ordinance does not specifically address the concern of someone attempting to make the argument that an existing small cabin, for instance, should qualify as a principal dwelling on an otherwise vacant property. To address this, Staff reviewed the Building Code for characteristics needed to make a structure qualify as a principal residence structure; i.e., as a single-family detached dwelling unit. Gaffron indicated at the January 8 work session, the Planning Commissioners indicated a preference for the Brainerd model, which combines a 1,000 square foot minimum habitable floor area requirement with a minimum width/depth of 20 feet for 60 percent of the structure except the Planning Commission felt a 75 percent standard would be more acceptable. Gaffron mentioned following the work session, Staff crafted some draft ordinance language that was then presented to the Planning Commission at its January 21 meeting. The draft language would have the following building design impacts: 1. The smallest building dimensions allowed would be 20 feet long by 20 feet wide. This results in a footprint of 400 square feet. To get to the 1,000 square foot minimum finished floor area would require at least two stories plus a partially finished basement or half story above. 2. Regarding the example of a 40-foot wide lakeshore lot, in order to meet 10-foot side setbacks, the house would be limited to 20 feet wide. Assuming a total house plus garage length of 100 feet, at least 75 feet of that length must be 20 feet wide leaving a 25-foot end that could be narrower for, say, a porch addition that is less than 15 feet wide. 3. A park model 12 feet wide by 40 feet long would not be allowed. Functionally the ordinance eliminates the establishment of a manufactured home that is less than 20 feet wide for use as a dwelling. Gaffron stated to his knowledge the City does not have many, if any at all, manufactured homes at this time although some did exist in the past.