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HomeMy WebLinkAbout2002 03 25 Regular J Regulations Affecting Accessory Buildings 1. COMMISSION AGENDA ITEM J Consent Informational Public Hearing Regular X March 25, 2002 Meeting ~ ~ Mgr. / Attor / Authorization REQUEST: The Community Development Department requests the City Commission consider amending regulations affecting accessory buildings. PURPOSE: The purpose of this Agenda Item is to request the Commission instruct staff to review the Code of Ordinances to allow for the establishment of detached garages in the R-U (Rural Urban Dwelling), R-1AAA (Single-Family Dwelling), and R-Cl (Single-Family Dwelling) Districts. APPLICABLE LAW AND PUBLIC POLICY: Section 6-84 of the City Code states, "Accessory building means a detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, tool houses, party houses, bathhouses (used in conjunction with swimming pool) and similar uses. ..." Section 20-1 of the City Code states, "Garage, private is an accessory building or a portion of the principal building used for the storage of automobiles of the occupants of the building. A carport is a private garage." Section 20-101 of the City Code states, "In order to classify, regulate and restrict the uses of land, water, buildings and structures, and to regulate and to restrict the height and bulk of buildings COD/March 15. 200212:46 PM March 25, 2002 REGULAR AGENDA ITEM J Page 2 and to regulate the area of yards and other open spaces about buildings, the corporate areas of the city is divided into districts...." CONSIDERATIONS: . The City Code defines accessory buildings as incidental and subordinate to principal structures, establishes a maximum size of two hundred forty (240) square feet for accessory buildings, and permits no more than two (2) accessory buildings on any given lot in the City. . The City Code considers private garages to be incidental and subordinate and defines them as accessory buildings in Section 20-1; however, garages typically exceed the maximum size allowed for an accessory building as defined in Section 6-84. . Garages are only permitted as components of principal structures, when they are attached by a breezeway, passage or otherwise and meet the setbacks established for the principal building by district location. . To allow vehicular access and meet the required setbacks for detached accessory buildings, one-acre minimum lots sizes as established in the R-U, R-lAAA, and R-Cl districts would be required for detached garages. . On March 11, 2002, the City Commission deferred consideration of regulations affecting accessory buildings until the March 25, 2002 regular meeting. . On March 13,2002, the City Manager directed staff to obtain a statement of national policy trends affecting accessory buildings and structures from the Planning Advisory Service (PAS), a subscription-based subsidiary ofthe American Planning Association which provides planning information to member cities and counties. . A request for this information was made to PAS on March 13, 2002, and it will be provided to the City Commission upon receipt. FINDINGS: 1. The City Code defines garages as accessory buildings or a portion of that principal building for the storage of automobiles; however, the Code does not allow garages that exceed two hundred forty (240) square feet as accessory buildings. 2. The R-U, R-1AAA, and R-Cl districts establish a one-acre minimum lot size which would allow for the construction of detached garages within required setbacks, unlike other residential districts in the City which allows relatively compact lots. FISCAL IMPACT: None. COD/March J 5. 2002/2:46 PM March 25, 2002 REGULAR AGENDA ITEM J Page 3 STAFF RECOMMENDATION: A. Staff recommends that the City Commission consider instructing staffto amend the Code of Ordinances to allow detached garages as accessory buildings in the R-U (Rural Urban Dwelling), R-lAAA (Single-Family Dwelling), and R-Cl (Single-Family Dwelling) Districts. ATTACHMENTS: A. Attachment from March II, 2002 Regular Agenda Item "F" COMMISSION ACTION: CDD/March 15. 200212:57 PM \ ATTACHMENT A \ MEMORANDUM TO: Mayor and City Commission FROM: Charle~~~~ngton, AICP, comlI~velopment Director March 8, 2002 DATE: RE: Regular Agenda Item "F" Attached is additional information provided for your review of Regular Agenda Item "F". ~ Recently there have been several requests for building permits to construct detached garages, -'Che Existing code stipulates that detached structures larger than 240 square feet shall be attached to the primary structure by a breezeway, passage or othervvise and shalll11eet the requil-cd selbacks, Section 20-1 Definitions AccessOlY. The term applied to a building or use which is clearl y incidental or subordinate to and customary in connection with the principal building or' use and \-vhieh is located on the same lot with such principal building or use. Garage, private. An accessory building or a portion of the principle building used for the storage of automobiles of the occupants of the building. A carport is a private garage, Considerations: The definition section states that a garage is an accessory building or a portion of the principal building used to store automobiles, Accessory structures are incidental and subordinate to the principle building when on the same lot Section 6-84. Accessory buildings. (a) General. Accessory building means a detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same, lot as the principal structure or use. Accessory buildings. ,.. . shall include storage buildings, toolhouses, party houses, bathhouses (used in conjunction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory buildings shall not be used as living quarters. (b) Heigh/ and size restrictions. The maximum height shall be twelve (12) feet measured from groundleve!. The maximum size of any structure shall be two hundred forty (240) square feet. (c) /'oUt/ion. All accessor-y buildings shall be located to the ree\[' or the existing buildings line \: 'i' 2 \ (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure, and shall be subjcct to the required setbacks of the principal structure. (1) Corner setback - On all corner lots the minimum open sideyard setback shall be that of the principal building, (2) Rear yard setback - Shall be a minimum of six (6) feet. (3) Side yard setback - Shall be that of the lot on which the building is to be located. (4) Easements - If an easement on the lot where the building is to be located is greater thail that addressed above, then the easement size shall prevail. No building shall be constructed or placed on an easement. Considerations. Detached subordinate structures such as storage buildings, toolhouses, party houses, bathhouses and similar uses are allowed provided they do not exceed 240 square feet and a height of 12 feet. Accessory structures may be a minimum of 6 teet from the rear property line provided the side yard setback is met. If an accessory building is attached to a principal structure by a breezeway, passage or otherwise it shall be considered to be part of the principal structure and must meet the required yard setbacks. . Based on the previous discussion staff recommends the following: · Section 6-84(c) should bc amendcd to cither define or eliminate the word otherwisc. o Section 20-1 should be amcnded to state "Garage, pri vatc - An acccssory building Of portion or the building used princip<dly If)r the storage or clul<)I110biles or the occupants of' the building, 3 \ Staff further recommends the following options: (1) Leave the code unchanged. Not recommended. The prohibition of detached buildings is a good standard for smaller lot sizes. However, detached buildings are not a problem on large lots where setbacks can be easily maintained and where the sacle of building mass in relationship to the property is not offensive. A conditional use permit would insure surrounding residents are protected from negative impacts. Additionally the ambiguity in the term "otherwise" in the current code langusage would remain in effect if no changes are made. (2) Amend the code to include garage/carport as a permitted use under Section 6-84(a). Exempt garages and carports from the maximum size requirements of 240 square feet for accessory buildings. Not recommended since this would allow detached buildings on small lots which would become offensive to neighbors and create extreme building mass. (3) Amend the code to allow detached garages in any zone on a lot of one acres or more in size as a conditional use and delete the term otherwise from code section 6-84(e). This is recommended for the following reasons: (a) Detached garages would be allowed only on lots of one acre or more. (b) Conditional use permits would ensure that surrounding residents are not negatively impacted hy the detached garage. (c) The term "otherwise" would be eliminated from code section 684( e).