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HomeMy WebLinkAboutCombined Council ExhbitsCouncil Exhibit A1 STORAGE/GARDENSPACETWO CAR GARAGE75X3875X38 94X5894X5896X5894X5894X5894X58TWO CAR GARAGE75X3875X38 94X5894X5894X5894X5894X58GUEST10'1"X11'5"KITCHEN/LIVING10'1"X13'5"TWO CAR GARAGE75X3875X38 94X5894X5894X5894X5894X58|S|S|S|S|S|S|S|S|S|S|S|S|S|SSURFACE MOUNT CEILING LIGHTFIRE ALARMLED (LOW VOLTAGE) LIGHTING (FIXTURE TBD)EXTERIOR SCONCELED (LOW VOLTAGE) LIGHTING (FIXTURE TBD)VENTS H E E T N U M B E R :S H EET T I T L E :DATE :R E V I S I O N :I S S U E / T I T L E :DATE :P R O J E C T N O :D R A W N B Y :C H E C K E D B Y :P R O J E C T I N F O :2732 CAROLINE AVEORONO, MNLUND GUEST COTTAGEEXISTING CONDITIONS/FIT PLAN/ELECTRICAL PLANN8.16.2015PC - PROPOSALSCALE: 1/4"=1'FIT PLANEXISTING CONDITIONS10.19.2015REDESIGNELECTRICAL PLANNOTE:CONSTRUCTION WILL TAKE PLACE WITHIN THEEXISTING GARAGE STRUCTURE-NO EXTERIOR WORK WILL BE PREFORMEDOTHER THEN WINDOW REPLACEMENT &RXQFLO([KLELW$ NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 ZONING FILE: #16-3862 DATE OF NOTICE: 19 Sept 2016 TO: Robert Lund 2732 Caroline Avenue Wayzata, MN 55391 COPIES: Robert Lund TYPE OF REQUEST: Guest House CUP/Variance DATE OF MEETING: 19 September 2016 The Orono Planning Commission voted on a motion to recommend approval of the guest house CUP and variance as requested. VOTE: 6 FOR 0 AGAINST Applicant’s next meeting is tentatively scheduled as: Monday, October 10th This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627. Council Exhibit C MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 19, 2016 6:30 o’clock p.m. ____________________________________________________________________________________ 5. #16-3862 ROBERT LUND, 2732 CAROLINE AVENUE, CONDITIONAL USE PERMIT AND VARIANCE, 6:39 P.M. – 6:43 P.M. Robert Lund, Applicant, was present. Curtis stated the applicant is requesting approval of a conditional use permit to permit a guest house on the property. The guest house will be constructed above an existing detached garage with a footprint of 1,164 square feet. The footprint includes a deck and a stair on the exterior. A variance is required because the existing detached garage is nonconforming because it exceeds, by 164 square feet, the permitted 1,000 square foot maximum OAS size for the 1.25 acre property. The detached garage does meet the required principal structure setbacks. Lot coverage, the overall hardcover levels are conforming, and the property is served by city sewer. Plumbing is permitted in accessory structures provided the structure is conforming. The variance is necessary because the garage is nonconforming because it is too large. According to the plans, it appears the existing deck will be extended. Staff would ask for clarification on that and recommend that that not be permitted. Properties within the LR-1C zoning district require a minimum of one acre per lot for a guest house and this property meets that requirement. The Planning Commission may choose to review the practical difficulty criteria within Staff’s report. Staff finds the criteria permitting a guest house conditional use permit have been satisfied. It is not feasible to reduce the garage’s footprint to gain compliance as the building itself without the deck is 13 square feet above what is permitted. Staff finds the variance reasonable. Curtis noted Staff’s report regarding the neighbors’ signatures was in error and the City did not receive any comments from the neighbors regarding the application. Planning Staff recommends approval of the conditional use permit for the guest house use and variance permitting the guest house as proposed. Staff recommends there be no expansion of the deck or footprint during the remodel which results in additional structure. Approval of the conditional use permit for the guest house will also require the guest house and OAS covenants be recorded against the property. The Planning Commission had no questions for Staff. Robert Lund, Applicant, stated he has nothing to add to Staff’s report but would be available to answer any questions. Chair Thiesse opened the public hearing at 6:42 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 6:42 p.m. Thiesse stated he did speak with one of the neighbors who indicated he thought it was a great idea. Lemke moved, Olson seconded, to recommend approval of Application No. 16-3862, Robert Lund, 2732 Caroline Avenue, granting of a conditional use permit and variance subject to Staff recommendations. VOTE: Ayes 6, Nays 0. Council Exhibit E Date Application Received: 08/17/16 Date Application Considered as Complete: 09/01/16 60-Day Review Period Expires: 10/31/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner mcc Date: 15 September 2016 Subject: #16-3862, Robert Lund, 2732 Caroline Ave, Variance & CUP Public Hearing List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Hardcover Calculations Exhibit F. Aerial Photos Exhibit G. City Code Excerpts Exhibit H. Property Owners List Exhibit I. Plat Map Background The property owner is proposing to construct a second story addition over the existing detached garage on the property to serve as a guest house. The property has 1.25 acres in area, therefore a guest house is permitted via a conditional use permit. Because the existing detached garage footprint is larger than 1,000 square feet, it is nonconforming with respect to size, a variance from Section 78-1437 is required. LOT ANALYSIS WORKSHEET Section 78-420 & 78-1434 – Guest House Setbacks: The guest house is proposed to be constructed within an existing 1,164 square foot building (including the deck and stair) which is considered to be a non-conforming oversize accessory structure (OAS). The property is over 1.0 acres and is permitted one OAS up to 1,000 square foot footprint. An OAS must meet principal structure setbacks. Application Summary: The applicant is requesting approval of a conditional use permit to permit a guest house on the property. The guest house will be constructed above an existing detached garage which has a footprint of 1,164 square feet. A variance is required because the existing detached garage is nonconforming because it exceeds (by 164 square feet) the permitted maximum OAS size for the 1.25 acre property. Staff Recommendation: Planning Department Staff recommends approval. Council Exhibit F FILE # 16-3862 15 Sept 2016 Page 2 of 6 LR-1C Required Existing/Proposed Front/Lake 75’ ±270’ Rear /Street 30’ 98.2’ North Side 30’ 34’ South Side 30’ 47.5’ Average Lakeshore Setback The existing garage and all proposed improvements to it will meet the average lakeshore setback. Section 78-420 - Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acre) 100’ Actual 54,723 s.f. (1.25 acre) ±120’ @ OHWL & 75’ Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 54,723 s.f. (1.25 acre) Allowed: 8,208 s.f. (15%) Existing/Proposed: 5,249 s.f. (9.5%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing/Proposed Hardcover (No change) Tier 1 54,723 s.f. 13,680 s.f. (25 %) 9,932 s.f. (18.1%) 155 s.f. w/in 75’ Applicable Regulations: Guest House use in a Nonconforming Accessory Structure Variance (Code Section 78-1437) Plumbing is permitted in accessory structures, provided the structure is conforming. A variance is necessary because the Oversize Accessory Structure (OAS) is 164 sq ft too large; a 1,000 sq ft structure is permitted on the lot. According to the plans it appears the existing deck on the detached garage will be extended between from 5.5 feet to 6.5 feet which would expand the footprint of the building and therefore the nonconformity; a new, upper deck is proposed. Guest House Conditional Use Permit (City Code Section 78-418(2)) The property is within the LR-1C zoning district which requires a minimum of 0.5 acres per lot. The Code provides for a guest house use on properties with twice the minimum acreage for the respective district. In this case 1.0 acres is required; the property meets this requirement. The guest house and OAS covenants apply. FILE # 16-3862 15 Sept 2016 Page 3 of 6 Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance will be in harmony with the intent of the Zoning Code as the structure is existing. The two story addition will be conforming with respect to setbacks, and height. 2. The variance is consistent with the comprehensive plan. The variance resulting in a guest house to be constructed in the upper floor of the existing residential garage in a residential zone is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The size of the garage was not the result of actions by the landowner. A guest house is permitted on residential properties which meet the size requirement. b. There are circumstances unique to the property not created by the landowner; The proposed guest house use of the existing detached garage will not alter the character of the neighborhood; and c. The variance will not alter the essential character of the locality. The property is 1.25 acres in area, the proposed guest house use within a second story addition to the existing detached garage will not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The garage, constructed in 1996 by a previous owner as a replacement to a then existing detached garage, is nonconforming with respect to size on this 1.25 acre property. The proposed guest house use and 2nd story addition will not increase the nonconformity (footprint size). 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is 1.25 acres, enough acreage to accommodate a guest house, however does not have adequate width to subdivide into two buildable lots. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has stated that this is so. FILE # 16-3862 15 Sept 2016 Page 4 of 6 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The guest house in the proposed location will not impair the health, safety, comfort or morals of the public. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has indicated that, although permitted to construct a separate, conforming guest house building less than 1,000 square feet in footprint, they wish to minimize hardcover by utilizing the existing nonconforming structure. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The guest house will be otherwise conforming in location, and height on the property; the proposal to convert the existing nonconforming detached garage into the guest house requires a variance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The proposed guest house will be connected to City sewer and water. 5) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed addition to the detached garage for the guest house space is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The guest house is residential in visual character and is expected to be compatible with the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed building is expected to be residential in character and consistent with that of the principal structure on the property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the FILE # 16-3862 15 Sept 2016 Page 5 of 6 structure as a guest house is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The existing detached garage and therefore the addition for the guest house will not be significantly visible when viewed from off the property due to location on the lot. No additional screening or buffering is recommended. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed guest house use is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed guest house use will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed guest house will not affect these features or have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants shall be advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Covenants Required In accepting this conditional use permit, the property owner will be required to agree to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Additionally, as the detached garage/guest house is classified as an OAS, additional covenants are applicable as follows: Such structure shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 4. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. 5. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. FILE # 16-3862 15 Sept 2016 Page 6 of 6 6.In subdivision approval, the setback required for the oversize accessory structure shall remain. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties and Conditional Use Permit Analysis Staff finds the criteria permitting a guest house conditional use permit have been satisfied. It is not feasible to reduce the garage’s footprint (deck and footprint) to gain compliance as the building itself is 13 square feet above what is permitted. Therefore regarding the variance to expand the existing detached garage for use as a guest house because all setbacks and height requirements will be met, staff finds it reasonable. Engineer Comments The City engineer has performed a cursory review of the site plans and identified no immediate concerns. A comprehensive review of the plans will be conducted at the time of the building permit application. Public Comments No public comments. Issues for Consideration 1.Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2.Does the Planning Commission find that the CUP and variance(s), if granted, will not alter the essential character of the neighborhood? 3.Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested CUP and variance(s)? 4.Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the CUP for the guest house use and variance permitting the guest house as proposed. Staff recommends there be no expansion of the deck or footprint during the remodel which results in additional structure (specifically, the proposed deck expansion should not be permitted). Approval of the CUP for the guest house will also require the guest house and OAS covenants be recorded against the property. Council Exhibit G Date: Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 1.5X12R 62X3Q 62X3P Proposed Hardcover Percentage [(3)+(4)]18.15% (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contrained herein; however, if any information is not consistent with City Code, the Code provisions will prevail. (3) Net Existing Hardcover [Subtract line (2) from line (1)]9932 (4) Total Lot Area 54723 (2) Total Excludable Hardcover 100 (1) Total Existing Hardcover 10023 Excludable Hardcover (See City Code Sec 78-1684): F Y Z 100First 100 Sq Ft of Deck W X U V S Lake Shed within OHW Setback 9.6X9.6 91 T M Stairs 4x6 24 N Stairs 3X8 24 1455.5X26.3ODetached Garage Deck Stairs Column Decorative Wall 18 L Steps Varies 60 I Pavers Varies 62 J South Deck Varies 140 H Stairs within OHW Setback 8x8 64 F East Deck Varies 354 K Patio Vaires 68 Varies 3500 B Detached Garage 38.5X26.3 1013 G Concrete Pad 2x4 8 (720 S.F.) E Pavers 3x3 9 % City of Orono Hardcover Calculation Worksheet 2732 Caroline Avenue 7/26/2016 In the following table, identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, Identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Total (Square Feet) (Example) (Garage) (24' x 30') C Driveway A House Varies 4262 D Pavers Varies 169 Property Address: Prepared By: Sathre-Bergquist Key to Survey Hardcover Item (Describe) Length x Width Step 1: EXISTING HARDCOVER SB Job Number: 54048-001 Prepared by: EJ Wirtz Stormwater Quality Overlay District Tier: (Circle One) Page 1 PC Exhibit G Subdivision IV. - LR-1C One-Family Lakeshore Residential District Sec. 78-346. - Purpose. The LR-1C one-family lakeshore residential district is intended to provide a district which will allow a combination of medium-density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of stormwater runoff into Lake Minnetonka. Because of the location of the district near Lake Minnetonka, special regulations are necessary to protect that natural resource from the effects of intense development. The district shall have immediate access to highways and public sanitary sewer. Sec. 78-347. - Permitted uses. Within the LR-1C one-family lakeshore residential district, no land or structure shall be used except for one or more of the following uses: (1) City-owned public service structures that have been approved by the city council after the required public hearings for public improvement projects, provided that: a.All buildings are located at least 50 feet from any adjacent property zoned for residential use. b.The architectural design of the structure is found to be compatible with the surrounding area. c.If the city proposes amendment to the approved design plans or the placement of the structure, notice of the proposed changes shall be mailed to all property owners within 350 feet of the parcel on which the structure is to be located. If the proposed structure is to be located within a public right-of-way, property owners within 350 feet of the structure shall be mailed notice of the proposed changes. Notice shall be mailed at least 14 days before the council meeting at which the amended plans will be considered. (2) Gardens. (3) Municipal buildings. (4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. (5) One-family detached dwellings. (6) Personal wireless service antennas and towers. ((Antenna details removed to save space.)) (7) Publicly owned parks and playgrounds. Sec. 78-348. - Conditional uses. Within any LR-1C one-family lakeshore residential district, no structure or land shall be used for the following uses without a conditional use permit: (1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: a.All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and Page 2 b. All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. (2) Guest houses and nonrental guest apartments. a. Guest houses, provided that: 1. The lot is at least two times the minimum lot area required by this section; and 2. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. b. Guest apartments with exterior ingress and egress, provided that: 1. The application for a guest apartment adequately addresses the concerns of parking, sewage treatment, exterior access method, and interior access method; 2. There is at least one access door to the apartment from inside the principal dwelling and this door is the primary means of accessing the apartment; 3. The guest apartment does not have a separate address; 4. The guest apartment's utilities are not metered separately from the principal dwelling; and 5. The guest apartment is for the sole use of the occupants of the principal dwelling, including their domestic employees and nonpaying guests. (3) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises, provided that: a. Where the applicant requests a conditional use permit to keep horses, there must be at least one acre for the dwelling and two acres of open pasture for the first horse . If the applicant requests a conditional use permit to keep more than one horse, the property must have one additional acre of open pasture for each additional horse. Calculations of minimum pasture acreage shall not include any land defined as a wetland or wetland buffer under section 78- 1602. b. Where the applicant requests a conditional use permit to keep farm animals other than horses, there must be at least one acre for the dwelling and one acre for each animal unit. Calculations of minimum acreage required shall not include any land defined as a wetland or wetland buffer under section 78-1602. c. Any building or structure associated with the animals is located more than 150 feet from the nearest adjacent residence and at least 75 feet from the nearest lot line. d. The use is operated in compliance with Chapter 62, Animals. (4) Personal wireless service antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they m eet the following criteria: ((Antenna details removed to save space.)) (5) Places of worship, provided that all buildings and structures, except columbaria, are located at least 50 feet from any adjacent property zoned for residential use. (6) Planned residential development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (7) Public service structures, provided that: a. All buildings are located at least 50 feet from any adjacent property zoned for residential use; and Page 3 b. The architectural design of the structure is compatible with the architectural design of the surrounding area. (8) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of m unicipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (9) Schools, daycare centers, uses accessory to a high s chool. a. Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Daycare centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children. c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is: 1. Located on the same tax parcel as the high school to which it is accessory and is owned by the local school district; 2. Not separated from the high school building by a public road; 3. Operated by the school district or by a nonprofit organization; and 4. All structures are located at least 50 feet from any adjacent property zoned for residential use. (10) Two-family dwelling, provided that: a. Public sanity sewer service is available; b. The lot is adjacent to a commercial or industrial parcel; c. The dwelling is within 200 feet of the commercial or industrial parcel; and d. The design of the dwelling is compatible with the surrounding residences. (11) Columbaria, provided that all portions of columbaria located at or below ground shall be located at least five feet from any adjacent lot line and at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. All portions of columbaria located above ground shall meet the following standards: a. Located at least ten feet from property boundaries. b. Located at least 50 feet from principal structures located on any adjacent property, whether such property is zoned for residential or non-residential use. Page 4 c. Located at least ten feet from the edge of the paved, traveled roadway. d. Shall not exceed eight feet in height including any appurtenances. e. Direct views from all adjoining residential parcels shall be buffered by appropriate means. Sec. 78-349. - Accessory uses. Within any LR-1C one-family lakeshore residential district, the only permitted accessory uses and structures are the following: (1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary for such constructing. (2) Driveways, sidewalks and parking spaces. (3) Detached private garages and buildings subject to the performance standards of this chapter. (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. (5) Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space. (6) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3. (7) Fencing subject to the provisions of section 78-1405(7). (8) Signs, as regulated in this chapter. (9) Flagpoles, subject to accessory structure location and height requirements of this chapter. (10) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape features, and lawn sprinkler systems. (11) Compost structures and firewood piles, subject to the accessory structure location requirements of this chapter. (12) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of [section] 26-76, when applicable. (13) One temporary roadside stand offering for sale only farm products produced on the premises, provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from the public right-of-way. (14) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as accessory buildings and subject to accessory building regulations. (15) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days and occurring no more than two times within one calendar year per property; and sales of personal or recreational vehicles and equipment, limited to no more than two items per calendar year, and such items for sale shall not be parked in any portion of the public right - of-way, public boulevard, or required front yard except a designated, improved driveway. (16) Laundry drying equipment. (17) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and conditional uses in this district. Sec. 78-350. - Area, height, lot width and yard requirements. Page 5 (a) Height. No structure or building in the LR-1C district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Area (acre) Lot Width (feet) Front Yard (feet) Side Yard (feet) Rear Yard (feet) Side Yard Adjacent to Street (feet) 0.5 100 30 10 30 15 DIVISION 3. - ACCESSORY BUILDINGS AND STRUCTURES[22] Sec. 78-1431. - Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444. (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the planning director. Should the planning director determine that item (2) above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval. Sec. 78-1432. - Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. At the time of demolition of the principal building, all nonconforming accessory structures must be rem oved. Accessory structures, which comply with this title, are allowed to remain contingent on a signed agreement stating the following: (1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days of demolition; to begin construction on the new residence within 120 days of demolition; and to complete all exterior work within one year of building permit issuance and interior work within two years of building permit issuance. (2) In the event that any activity described in item (1) has not been accomplished within the defined timeframe, the applicants shall remove the accessory structures at the applicants' expense, or the applicants shall apply for an extension of this agreement. (3) If one of the item (1) events occurs and the applicants fail to perform their removal obligations per item (2), the applicants hereby agree as follows: a. The city may enter upon the property and remove the accessory building(s). b. The city may assess the costs of removal to the property. (4) The agreement shall be binding upon current and future owners of the property, and shall be filed within the chain of title of the property. Page 6 (5) Fee owner(s) of the property, if not the applicants, consent to the execution of the agreement and to its terms, as shown by his/her/their signature(s) upon the document. (6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and employees of the city from and against all claims, damages, losses or expenses, in cluding attorney fees, which the city, city council and agents and employees of the city may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of the terms of this agreement. Sec. 78-1433. - Height restrictions. No accessory building or structure in an R district shall exceed the height of the principal building, nor shall an accessory building or structure exceed 30 feet in height. Sec. 78-1434. - Area restrictions. In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: (1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An oversized accessory structure is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following nonroofed accessory structures which exceed 1,000 square feet footprint area are not considered as oversize accessory structures, but are subject to the special setback restrictions of section 78-1404. a. Tennis courts and sport courts. b. Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than 1,000 square feet. c. Paddocks or arenas. (2) Oversized accessory structures are regulated by the following table: Lot Area (acres) Maximum Individual Accessory Structure Footprint Area (square feet) Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Property (square feet) 0—1.99 1,000 2,000 2.00—3.00 1,200 2,400 3.01—3.50 1,400 2,800 3.51—4.00 1,600 3,200 Page 7 4.01—4.50 1,800 3,600 4.51—5.00 2,000 4,000 5.01—6.00 2,200 4,400 6.01—7.00 2,400 4,800 7.01—8.00 2,600 5,200 8.01—9.00 2,800 5,600 9.01 or more 3,000 6,000 * Excluding nonroofed tennis courts, sport courts, pools, paddocks, arenas. (3) Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30 feet from the side or rear lot line regardless whether less strict principal structure setbacks apply. b. The maximum height for such accessory structure shall be 30 feet or the def ined height of the principal residence structure on the property, whichever is less. c. Such structure shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 1. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. 2. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. 3. In subdivision approval, the setback required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Sec. 78-1435. - Location. Except as may be specifically provided, no detached garage or other accessory building shall be located nearer to the front or street lot line than the principal building on that lot. Detached garages or other accessory buildings on lots which have frontage on a lake may be located between the rear yards of such Page 8 lots and the principal building only if setback requirements of section 78 -305(b), section 78-330(b) and section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be located ten feet from the street or rear lot line when doors face away from the street and an adequate vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by streets or private roads or are corner lots. Sec. 78-1436. - Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. Sec. 78-1437. - Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be allowed in any accessory building that is conforming in location, size and height with, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height and which meets one of the following criteria: a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a bathtub or shower in accessory building conditional use permit. Sec. 78-1438. - Crowding principal building. No accessory building, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory building. Sec. 78-1439. - Garages. Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when the doors face on a public alley or street. Sec. 78-1440. - Exterior materials. Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area or larger, an accessory building and the principal building shall be consistent in design and color. Detached garages located within the rear yard on lots that have frontage on a lake shall have windows or other ornamental features on the wall facing a street or private road.