Planning Report

Date:	February 15, 2000

Subject:	Zoning Ordinance Amendment - Front Yard Setback Requirement

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

Applicant:	City of New Brighton

Background

The Planning Commission is asked to hold a Public Hearing to consider an ordinance amendment to Section 4-040.c, to allow certain exceptions to the required 30-foot front yard setback requirement within the R-1 and R-1A Single Family Residential zoning districts.

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 entryways or porches. Such additions would allow New Brighton residents to improve their homes by constructing entry way or porch additions.

Over the last several months, the Planning Commission has considered three (3) options in regard to amending the City's Zoning Ordinance to allow some type of encroachment into the City's 30-foot front yard setback requirement. Those option were as follows:

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 Planning Commission concluded that it would like to pursue Option #2, which is to allow a reduction in the required front yard setback by special use permit, under certain conditions. The City Council has since concurred with the Planning Commission's findings.

Analysis

Proposed & Existing Entryways in New Brighton

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.

Staff researched New Brighton's existing building permit files to find out what types of entryway additions that have been constructed in New Brighton. Thirteen homes were found to have constructed additions. The following data was collected:

The range of the width of these additions was from 6 to 12 feet wide.

The range of percentage that the addition covered on the front of these home, excluding the garage, was between 25%-35%.

The average coverage on the front of the homes, excluding the garage, was 30%. A 30% These additions appeared to be very symmetrical in comparison to the rest of the house. (See attached plans which cover 31% of the front).

A 6-8 foot entryway does not include a closet.

An 8-12 foot entryway includes a closet.

New Brighton's Setbacks Compared to Adjacent Cities.

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.

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
City	Front Yard Setback Requirement
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.

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.

Draft Ordinance

Based on the above findings, staff is suggesting the following language for an Ordinance Amendment (the highlighted text are the proposed changes). Please note that this language would allow a porch or living space addition (limited to 6' x 12').

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

1.	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.

2.	In required front yards, the required setback may be reduced to twenty four (24) feet, subject to approval of a Special Use Permit under Section 8-110-130, and subject to compliance with the following conditions:

a.	The proposed addition uses the same exterior structure materials and colors as the principal structure and accessories.

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

c.	The base of the addition is not open and its appearance is consistent with the base of the building.

d.	The structure shall not exceed 40% of the width of the front of the dwelling, excluding the garage, or shall not exceed 12 feet in width, whichever is less.

Recommendation

Motion to waive the reading and recommend approval of the attached Ordinance Amendment.

Cary K. Teague, City Planner