Planning Report

Date: June 15, 2004

Subject: Residential Riparian lot standards

Explanation

Last month, the New Brighton Planning Commission considered a variance application for an addition to an accessory structure. The Planning Commission recommended denial of the variance and the Council found that the variance did not satisfy variance hardship and voted unanimously to deny the application.

The general discussion following was that although the application did not meet code requirements, the request was not wholly unreasonable. The Council discussed the unique qualities for lake property owners and the specific issues around accessory structures. Within the context of accessory structures, the Council directed Staff to research and provide code options for consideration to focus upon:

Ø Bulk coverage requirements;

Ø Quantity of detached accessory structures; and

Ø Review of “yard” definitions.

Amended standards could consider the features of these lots within the context of today’s home additions and general property improvements.

Background

Many of the lots along the west side of Long Lake were originally developed as weekend or summer cabins in the early and mid part of the 20^th Century. More likely than not, the construction occurred prior to the zoning standards that are in place today. As a result, many single family properties have one or more non-conformities.

Recently, the Planning Commission considered a variance for a detached garage that is proposed to be larger than the R-1, Single Family zone would allow. During the public hearing, the Commissioners discussed an option whereby the City Code could be amended to allow additional diversity of house/garage/accessory structure design.

Zoning Code Considerations 

Defining a riparian lot and detailing what can and whether or not detached accessory structures can be placed on the street side should be included in any code amendment.

(i) Riparian Lot. A lot of record that abuts a public water that is subject to the City of New Brighton and Rice Creek Watershed District’s regulations.

(ii) Number of Structures. Riparian lots shall be allowed up to two accessory structures, not including water oriented structures such as a boat lift/launch or dock. The total area for accessory structures area shall be no greater than 1,500 sq. ft. or up to 0.30 coverage of the lot, whichever is more restrictive.

(iii) Height. Detached accessory structures shall not exceed 15 feet.

(iv) Design. Roof and exterior color and material shall be consistent and complimentary with the principal structure and all other accessory structures.

(v) Permit Required. A special use permit is required to place a detached accessory structure in the front (street side) yard of a riparian lot within the R-1, Single Family Residential zone.

(vi) Coverage size restrictions. Applications for detached accessory structures over 400 sq. ft. shall adhere to the following table:

Lot Size	Detached Accessory Structure Size Limit	Attached Garage Size Limit	Maximum coverage*
10,000	600 sq. ft.	1,000 sq. ft.	0.30
15,000	700 sq. ft.	1,000 sq. ft.	0.30
20,000	800 sq. ft.	1,000 sq. ft.	0.30
25,000	900 sq. ft.	1,000 sq. ft.	0.30
>25,000	1000 sq. ft.	1,000 sq. ft.	0.30

* all height and setback regulations shall be adhered to.

(vii) Design Criteria. All applications shall meet the criteria found in Section 4-530, Accessory Buildings in Residential Districts, and the following design requirements:

a. Detached structures shall be compatible with the primary structure on the lot and surrounding/adjacent lots.

b. All structures located in the street side front yard shall meet the front yard standards.

c. The Council may require landscaping or other site improvements to ensure the compatibility with the surrounding neighborhood.

Recommendation

The Planning Commission should review the issue within the context of the Zoning Code and discuss the merits of amending the Code to allow an overlay zone for single family residential riparian lots.

Direct Staff to report to the city Council for further review of the language and adoption of the new language for Chapter 4.

Patrick Boylan, City Planner