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HomeMy WebLinkAboutCity Council Minutes 04-16-2002 Special 1Adopted Minutes Special Council Meeting April 16, 2002 A Special Meeting of the Plymouth City Council was called to order by Mayor Tierney at 8:50 p.m. on April 16, 2002 in the Council Chambers, 3400 Plymouth Boulevard. COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Harstad, Black, Johnson, Slavik, and Stein. ABSENT: None. STAFF PRESENT:. City Manager Johnson, Lieutenant Franz, Public Works Director Faulkner, Senior Planner Drill, Community Development Director Hurlburt, and City Clerk Paulson. Discuss Accessory Dwelling Unit Ordinance Community Development Director Hurlburt discussed a draft Ordinance to allow accessory dwelling units in all residential zoning districts in the City if the general conditions of the Zoning Ordinance are met. These types of conditions would have an effect on narrowing the properties that could take advantage of these types of units on their properties. Staff has contacted communities that allow accessory dwelling units to receive their input on these types of structures. She stated the draft Ordinance contains the following conditions for accessory dwelling units: 1. One accessory dwelling unit per lot. 2. The location of the accessory dwelling unit within the structure must be above the garage. 3. The setbacks would be identical as the remainder of the living area of the home. 4. The floor area of the accessory dwelling unit would be limited to the size principal unit of 1,000 square feet, whichever would be less. 5. Detached accessory dwelling units would be subject to the same regulations (location, setbacks) as other accessory buildings. 6. The exterior design would be required to be compatible with the principal building and surrounding homes. ' 7. The owner must reside in one of the units. 8. The rental unit must be licensed. 9. There would be no separate ownership of the accessory dwelling unit. 10. Two off-street parking spaces would be required for each unit. 11. There would be a requirement for separate house numbers to aid in emergency response. 12. Accessory dwelling units would need to comply with all aspects of the Building Code and City Code. Adopted Council Minutes Special Meeting of April 16, 2002 Page 2 of 4 13. The unit would need to be connected to municipal sewer and water. She stated the intent of the Ordinance would be to incorporate the accessory dwelling unit so it wouldn't be intrusive (not appear as "side-by-side" but more over the garage, carriage style). She stated the proposed Ordinance would require a Conditional Use Permit process where the Planning Commission and the City Council would review the application, rather than administrative approval. She requested the Council discuss the draft Ordinance and provide direction to staff. She noted that the Planning Commission has reviewed the draft Ordinance. Councilmember Harstad stated he has observed units that have been constructed behind the garage in other communities; therefore, you are unable to view the unit from the street. This could have the potential for being an intriguing concept. He asked what would occur if an accessory dwelling unit was rented, and the property owner sold the property. Would that accessory dwelling unit no longer be considered legal? Community Development Director Hurlburt replied one of the units would need to be owner occupied. Councilmember Harstad asked why the City would require that accessory dwelling units be connected to City utilities. Community Development Director Hurlburt replied that the two units could potentially overload a septic system. She stated this is not an unusual condition, and at a minimum, staff would recommend there be a City sewer connection. Councilmember Stein voiced his concern with this type of construction in existing neighborhoods, as there are expectations in a neighborhood. These types of units could change the character of the neighborhood. He asked how the City could limit the number of accessory dwelling units that are constructed in older neighborhoods. In addition, if a property owner constructed a detached garage, could the City limit accessory dwelling units on that type of structure? Community Development Director Hurlburt replied that if the City were to eliminate accessory dwelling units on detached garages, the City could also be limiting the opportunity for affordable housing. However, staff could incorporate a standard into the ordinance and/or limit this type of structure to certain zoning districts. Councilmember Stein asked who would be reviewing the aesthetics to make sure that the unit blends in with the remainder of the structure. Community Development Director replied that would be responsibility of the Zoning Administrator (Community Development Director). Councilmember Black recommended that a Conditional Use Permit process be required, Jas the Council needs to receive the comments from the neighborhood. She agreed that an 1 Adopted Council Minutes Special Meeting of April 16, 2002 Page 3 of 4 accessory dwelling unit could change the character of existing neighborhoods, not necessarily new developments. Councilmember Harstad agreed with Councilmember Black. He stated he would be more inclined at this time to proceed with allowing accessory dwelling units only in new developments, and phasing in existing neighborhoods. Councilmember Slavik supported the Conditional Use Permit process as these types of units could change the character of the neighborhood. She also supports the proposed conditions. She doesn't agree that accessory dwelling units should only be allowed in new developments if the conditions are being met. She asked if there would be a public safety concern if there were an external staircase for an accessory dwelling unit. Community Development Director Hurlburt replied no, but it would need to be designed according to the Building Code. Councilmember Johnson asked if home based businesses could operate out of an accessory dwelling unit. Community Development Director Hurlburt replied this wouldn't affect the home based business regulations. She stated there could be two home based businesses on one property; however, the property owner in the dwelling unit would need to be operating the business. Councilmember Johnson asked if a property owner could raise the pitch of the garage on a rambler. Community Development Director Hurlburt replied yes, and that is currently permissible, but every situation would need to be reviewed. Councilmember Hewitt wouldn't support a Conditional Use Permit process if the applicant would meet all the conditions. However, she supports accessory dwelling units only for new developments. Community Development Director Hurlburt stated that there are new subdivisions that occur in existing neighborhoods in the City. Those would be new lots of record created after a certain date. An unidentified resident, who is an architect, voiced his support for the draft Ordinance. He stated constructing accessory dwelling units over garages is an obvious and clean solution. He stated there could be circumstances where constructing them in the back yard of properties would be a good option. He stated there are ways to make a side-by- side unit appear as a single-family home. He cautioned the Council in limiting accessory dwelling units to over the garage, as a lot of opportunities would be eliminated. He stressed with a good design of the lot, many alternatives could be explored that wouldn't be considered intrusive. Adopted Council Minutes Special Meeting of April 16, 2002 Page 4 of 4 Marcos Warner, with West Hennepin Community Builders, requested the Council to make the Ordinance flexible. He stated it only assists buyers if they can incorporate rental income to their properties. He stated there is also more flexibility with new construction. Councilmember Stein reiterated his concern of constructing these units in existing neighborhoods. -He stated he would like to know how many accessory dwelling units have been constructed in the City of Minnetonka during the past 15 years. Community Development Director Hurlburt stated based on the comments heard this evening, staff could rewrite the draft Ordinance so it would only apply to new developments. Staff could also contact those communities that have had this type of Ordinance for a number of years to see how many units have been approved. She cautioned the Council in delaying the consideration of this ordinance for too long of a time frame in order that accessory dwelling units could be incorporated into the Seven Greens Development. Councilmember Stein asked if there could be a condition that accessory dwelling units wouldn't apply to new developments. Community Development Director Hurlburt replied that would need to be discussed with the City Attorney. She stated this and other concerns would be discussed with the City Attorney in order that a draft Ordinance could be considered by the Council by the first meeting in June. Schedule Future Study Sessions Motion was made by Councilmember Johnson and seconded by Councilmember Slavik, to schedule a Study Session for June 11 at 5:30 p.m. to discuss snowplowing and creating a Downtown Council. With all members voting in favor, the motion carried. Councilmember Slavik suggested conducting a Study Session on May 14 at 5:30 p.m. to discuss the taxicab service to supplement the Dial -a -Ride, rather than discussing this item at the previously scheduled Study Session on May 7 at 7:00 p.m. The Council unanimously agreed to make this change. Adiournment Motion was made by Councilmember Slavik and seconded by Councilmember Stein, to adjourn the meeting at 10:10 p.m. With all mem rs voting in f. the motion carried. Sandra R. Paulson, City Clerk