Planning Report

Date:	October 19, 1999

Subject:	Zoning Ordinance Amendment - Front Yard Setback Requirement

(R-1 & R-1A Zoning District)

Applicant:	City of New Brighton

Background/Analysis

As a result of the request for a front yard setback variance by Keith Tussing to construct a front entry way onto his existing home at 2046 Mississippi Circle, the City Council has asked the Planning Commission and staff to consider an amendment to the City's front yard setback requirement for principal structures within the R-1 and R-1A Single Family Residential zoning districts, or more specifically, to consider exceptions to the Ordinance that would allow for minor additions to homes, such as entry ways or porches. Such additions would allow New Brighton residents to improve their homes by constructing entry way or porch additions.

The purpose of this memo is to outline options for the Planning Commission to consider in regard to an amendment to the Zoning Ordinance.

Staff has put together three (3) options for discussion in amending the City's Zoning Ordinance to allow some type of encroachment into the City's 30-foot front yard setback requirement.

1.	Reduce the required setback from 30-feet to 25-feet.

2.	Reduce the required setback by special use permit, under certain conditions

3.	Maintain the required 30-foot front yard setback requirement.

The City's current front yard setback requirement for single family homes within the R-1 and R-1A, Single Family Residential zoning districts are as follows:

SECTION 4-040.c.

c.	The following minimum setbacks shall be observed:

Side Street Yard	30 feet

Front Yard	30 feet

Side Yard	5 feet

Rear Yard	5 feet

A side street yard on a corner lot shall not be less than thirty (30) feet in width for any construction after August 21, 1981, (the date this ordinance became effective). Any property already improved August 21, 1981, by construction of a principal structure with a fifteen-foot side street yard setback shall not be considered nonconforming in regard to side street yard setback. In cases where adjacent properties are already improved, the Council can grant special permission to change the setback requirements on a corner lot, based on the criteria of visual compatibility with surrounding properties.

Options

1.	Reduce the required setback from 30-feet to 25-feet.

One option is simply to reduce the required setback from 30-feet to 25-feet. The City of New Brighton has more than 9, 000 households, in all likelihood, more than 5,000 of those were constructed at or close to the required 30-foot setback, by reducing the requirement to 25-feet would allow residents to expand their homes toward the front by a minimum of 5-feet. However, in doing so, not only would an entry way or porch addition be allowed, but an expansion of the entire front of the home would be permitted.

For comparison sake, staff conducted a survey of cities to see how other Twin Cities communities regulate front yard setbacks. Those results are as follows:

City	Front Yard Setback Requirement
New Brighton	30 feet -	Variance required for any encroachment
Roseville	30 feet -	May be reduced to 24 feet, subject to approval of a special permit (see attached conditions).
Shoreview	30 feet -	Variance required for any encroachment
Mounds View	30 feet -	Variance required for any encroachment
Columbia Heights	25 feet -	Variance required for any encroachment
Arden Hills	40 feet -	Currently considering a Code amendment to allow an encroachment similar to Roseville.
Fridley	35 feet -	Variance required for any encroachment (however are considering an amendment to the Zoning Ordinance to allow encroachments under certain conditions).
Blaine	30 feet -	Variance required for any encroachment
Circle Pines	30 feet -	Variance required for any encroachment
Coon Rapids	30 feet -	Variance required for any encroachment
Richfield	30 feet -	Setback may be reduced to 20-feet by conditional use permit to construct a porch (see attached conditions).
Minneapolis	30 feet -	Variance required for any encroachment
Bloomington	30 feet -	Setback may be reduced to 24 feet with the construction of an entry way no more than eight (8) feet wide.
Eagan	30 feet -	Variance required for any encroachment

As demonstrated above, the City of New Brighton's residential structure front yard setback requirement of 30 feet is similar to surrounding Twin Cities communities. The only differences were Columbia Heights (25 feet), Fridley (35 feet) and Arden Hills (40 feet). It should be mentioned also that both the City's of Fridley and Arden Hills are considering Ordinance amendments to allow building encroachments into the required setback.

A 5-foot decrease in the required setback will not significantly effect the purpose of the front yard setback which is to provide a uniform open space from the street to the homes. However, if the City were to amend the setback requirement to require a 25-foot setback, the City would not have any controls over the type of construction (aesthetics), or how the addition may fit into the character of the neighborhood other than a building permit. Also, the intent of this Ordinance amendment consideration is to provide for allowances to home owners to construct entry way additions or porch additions to the front of the home, and not to provide significant additional living space. The City Code requires only a 5-foot side and rear yard setback, which provides significant opportunity for additional living space.

Over the past several years, staff has received many requests by residents to expand their home by constructing an entry way addition into the required front yard setback. Most of these residents have decided against doing the improvements because the front yard setback is not met, others revise their plans to meet the setback. Staff has not received any requests to expand living rooms, family rooms, or bedrooms into the required front yard setback.

2.	Reduce the required setback by special use permit, under certain conditions

As indicated above, several of the older communities (Richfield, Roseville, Bloomington) allow for encroachments into the required setback for the construction of entry ways and porches under specific conditions. The City of Roseville allows a 6-foot encroachment (24-foot setback) into the required setback subject to a special permit. Some of the required conditions include:

Project improves the design or livability of the structure.

Project improves the terrain or a drainage issue.

Project improves the aesthetics of the site.

Exterior structure materials and colors are consistent with principal structure.

Final building mass is consistent with that on contiguous properties.

The roof is properly proportioned to and integrated with the roof of the principal structure (dwelling) on the property.

The City of Richfield allows a 10-foot encroachment into the required setback for covered porches attached to the principal structure subject to approval of plans prepared by a registered architect. Additional conditions include:

At least 65% of the exposed porch facade is occupied by windows or doors.

Base of the porch is not open and appearance is consistent with the base of the dwelling.

Roof must be in proportion and integrated with the roof of the dwelling.

Exterior materials are consistent or complementary in color, texture and quality with those visible at the front of the dwelling.

The City of Bloomington simply allows for entry way additions to encroach into the setback to 24-feet subject to the condition that the entry way does not exceed eight (8) feet in width.

Attached are the specific Zoning Ordinance requirements for Richfield and Roseville. If the City decides to allow certain types of encroachments into the required setback under a special use permit, the City would then have the opportunity to require specific controls over home additions in the front yard.

3.	Maintain the required 30-foot front yard setback requirement.

The third option is simply to maintain the existing 30-foot front yard setback requirement, and deal with requests for expansions into the front yard setback on a case by case basis through the variance process.

Staff Comment/Recommendation

Staff suggests specific consideration of an Ordinance amendment that would allow for an encroachment into the front setback by special use, with specific conditions that would have to be met.

Cary K. Teague, City Planner