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12-21-99
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Minutes-Board Or Commission PLZ 00900
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1999
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12-21-99
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vehicle. In the traditional family, consisting of two parents and three children, it would be less likely that <br />each of them would have a vehicle. Given the housing stock average is three bedrooms, and if the size of the <br />lots and the availability of off-street parking is not sufficient overall in the community to accommodate five <br />different vehicles per house, the judgement could be made that five unrelated individuals are too many. The <br />Planning Commission and the City Council would have to make that judgment. <br /> <br />Zisla stated making findings on each category mentioned would be laborious. Thomson replied that the <br />Planning Commission is not required to make findings on all the averages. The record would reflect that the <br />Commission has considered those points, but the Planning Commission does not have to make findings on all <br />the points. Zisla asked Teague if there is a provision in the Ordinance regarding the definition of “dwelling” <br />that would be a standard for each unit. For instance, the City of Minneapolis’ ordinance limits the number of <br />people who can occupy a residence of a particular size. Is New Brighton’s code comparable to Minneapolis? <br />Teague responded negatively. The closest thing in the Code would be the floor-area-ratio that limits the size <br />of a home that can be built on a lot. Zisla said that could be in the Uniform Building Code or the Fire Code. <br />Might there be a legal limit on how many people could occupy a three-bedroom home? Teague said he would <br />check with the Building Official on the Building Code. Zisla stated that may reinforce Attorney Thomson’s <br />point that there may be limitations on a two-bedroom home. <br /> <br />Schiferl stated this discussion may be looking backward to asking why is the Commission doing this at all. <br />Obviously, some definition may be necessary. What is the real purpose of some kind of limitation? The <br />Building Code, the Fire Code, the traffic, noise, property upkeep has been mentioned in the debate. None of <br />this has anything to do with the word “family.” The City is trying to arrive at a reasonable number, which can <br />never be a perfect number for all situations. Thomsen mentioned the subject of vehicle numbers. The <br />definition could mention the maximum number of adults, separating children under driving age. <br /> <br /> Zisla stated the City would still have to deal with the notion of maintaining a common household. The City is <br />still using the term “family” and is trying to make that more flexible than it is now. However, the City is not <br />abandoning the notion of “family.” O’Brien said to substitute the word “household” for the word “family” <br />was talked about at the last meeting. Did the City Attorney consider such a change? Thomsen responded a <br />different term could be used. Part of the reason for using the word “family” is historical. The New Brighton <br />Ordinance refers to single-family dwellings. The term “single-family dwelling” causes the ordinance to define <br />the term “family.” The term may have been developed when people thought of “family” in traditional and <br />conventional terms. Over the years, the concept has changed. The definition of “family” only defines family <br />for purposes of this zoning ordinance and for its application. It is not intended to be an all-encompassing <br />definition of what the City of New Brighton thinks a family is. It is simply for purposes of applying New <br />Brighton’s zoning code and knowing whether a use conforms to that single-family district. <br /> <br />Thomsen said the issue of why the City doing it at all was mentioned earlier. Typically, the genesis of the <br />problem has been that some communities have single-family residential districts where problems have <br />developed. The stereotypical problem deals with college students who try to have six kids living in a house <br />attending school. They cause disruption, more noise, more traffic, and they do not fit into what the community <br />viewed for that district. The purpose of zoning is to try to establish districts for different types of uses so that <br />overall the uses work better together. The reason for limiting the number of unrelated persons living in a <br />home is that, when a number of unrelated people live together, their use of the land is different and causes <br />impacts on neighboring properties that do not fit. It is a land use issue in the single-family residential district. <br />These people belong in multi-family districts. The issue is not a means of saying the living arrangement is <br />endorsed by the City versus one that is not endorsed. It is simply a matter of defining different types of uses. <br /> <br />Schiferl asked about the issue of common cooking facilities. What would the impact of mother-in-law <br />apartments? Would that be allowed under the current ordinance? Teague answered a home can have two <br />separate cooking and kitchen facilities. The determining factor on whether the home is a duplex would be if a <br /> <br />I:\COMMISSIONS\PLANNING\MINUTES\1999\12-21-99.WPD <br />2 <br /> <br />
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