HomeMy WebLinkAbout2015-02-04 PACKET 08.A. REQUEST OF CITY COUNCIL ACTION COUNCIL
MEETING
DATE 2/4/15
PREPARED BY: Community Development
ORIGINATING DEPARTMENT
AGENDA
ITEM # ¢ �
O•
Jennifer Levitt
STAFF AUTHOR
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COUNCIL ACTION REQUEST:
Consider approving a zoning text amendment modifying City Code Title 11-9A relating to the
definition and number of dwelling units and to accessory uses in residential districts.
STAFF RECOMMENDATION:
Adopt the ordinance.
BUDGET IMPLICATION $N/A
BUDGETED AMOUNT
$N/A N/A
ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
DATE
� PLANNING 1/26/15
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
❑ ECONOMIC DEV. AUTHORITY
❑
SUPPORTING DOCUMENTS
REVIEWED
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APPROVED
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� MEMO/LETTER: Memo from John M. Burbank dated 1/27/15
❑ RESOLUTION:
DENIED
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� ORDINANCE: Draft
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Excerpt from unapproved minutes of 1/26/15 Planning Commission meeting
ADMINISTRATOR'S COMMENTS
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City Administrator Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
� Grove
� Pride andP�osperity Meet
TO: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: John M. Burbank, Senior Planner
DATE: January 27, 2015
RE: Text Amendment — City Code Title 11-9A
Proposal
The City of Cottage Grove is proposing a zoning text amendment to modify City Code Title 11-9A
relating to the definition and number of dwelling units and accessory uses in residential districts.
Planning Commission
The Planning Commission reviewed the application at their regular meeting on January 26, 2015.
A public hearing was held and no one spoke for or against the proposed amendment. The
Planning Commission unanimously (5-to-0 vote) recommended approval of the text amendment.
Background
During a recent planning case review, there were numerous discussions by the Planning Com-
mission and City Council related to dwelling units and accessory uses in residentially zoned
districts. The intent of this amendment is to clarify and strengthen the language in City Code Title
11-9A.
Planning Considerations
As the City grows and develops, sections of the City Code must be occasionally reviewed and
modified when inconsistencies are identified or times and conditions have changed. There are a
variety of additions and deletions to Title 11-9A in the proposed ordinance.
Ordinance Modifications
The attached draft ordinance has new language in blue double underlined text, and the language
being struck is r°�' ��� and has a°+r��� line over the text.
Public Hearing Notices
A public hearing notice was published in the South Washington County Bulletin on January 14,
2015.
Recommendation
That the City Council adopt an ordinance modifying City Code Title 11-9A relating to the definition
and number of dwelling units and accessory uses in residential districts.
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ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA,
AMENDING TITLE 11, CHAPTER 9, OF THE COTTAGE GROVE
CITY CODE RELATING TO RESIDENTIAL ZONING DISTRICTS
The City Council of the City of Cottage Grove, Washington County, Minnesota,
does hereby ordain as follows:
SECTION 1. AMENDMENT. "The Code of the City of Cottage Grove, County of
Washington, State of Minnesota," shall be amended by amending Title 11, Chapter 1, Section
3, to read as follows:
Title 11-1-3: Rules of Word Construction; Definitions.
DWELLING, SINGLE-FAMILY ATTACHED: A residential building containing two (2) or more
dwelling units, each of which has primary ground floor access to the outside and which are
attached to each other by party walls without openings. The term is intended primarily for such
dwelling types as townhouses and duplexes. Each dwellina unit must be located on a seaarate
lot of record.
DWELLING, SINGLE-FAMILY DETACHED: A residential building containing not more than
one 1�Ldwelling unit entirely surrounded by open space on the same lot of record
SECTION 2. AMENDMENT. "The Code of the City of Cottage Grove, County of
Washington, State of Minnesota," shall be amended by amending Title 11, Chapter 9, Article
A, to read as follows:
ARTICLE A. R-1 RURAL RESIDENTIAL DISTRICT
11-9A-1: PURPOSE:
11-9A-2: PERMITTED PRINCIPAL USES:
11-9A-3: PERMITTED ACCESSORY USES:
11-9A-4: CONDITIONAL USES:
11-9A-5: DEVELOPMENT STANDARDS:
11-9A-1: PURPOSE:
The R-1 rural residential district represents those areas suitable for residential development
that are without aublic utilities ���°�� romn�iolJ frnm � i}i�i�ioc on� n�hor mi ini�ir��+� f �,,,�;+,o . These
areas are designated as rural residential in the city's comprehensive plan. It is the intent that
low densities be maintained in order to permit efficient resubdivision of lots to urban densities
at such future time that public utilities become available. (1971 Code §28-53)
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Ordinance No. XXX
Page 2 of 9
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11-9A-2: PERMITTED PRNCIPAL USES:
On anv individual lot, the followina uses can be conducted as a principal use.
1. One sinale familv detached dwellina.
2. Aariculture — Rural.
3. Aariculture — Urban.
4. Aaricultural Buildinas.
5. Habitable or non-habitable structures for Local. Count�, State, or Federal Government
purposes.
6. Public utilitv structures and stormwater ponds.
7. Public roads bridaes, trailwavs and sidewalks.
8. Public parks, scientific natural areas, and plavarounds.
9. Sians as reaulated bv Title 9 Chapter 8.
10.A state licensed residential facilitv or housina established with services reaistered under
Minnesota State Statutes Chaater 144D servina 6 or fewer persons, a licensed davcare
facilitv servinq 12 or fewer persons, and a aroup familv davcare facilitv licensed under
Minnesota Rules, Parts 9502.0315 to 9502.0445 to serve 14 or fewer children.
11-9A-3: PERMITTED ACCESSORY USES:
Uses and structures which are customarily accessory and clearly subordinate to permitted
uses and structures shall be permitted, including: (Ord. 841, 8-13-2008)
1. Accessory apartments.
A. Purpose: The purpose of this entry is to permit the installation of no more than one
accessory apartment in an existing single-family dwelling. Because this opportunity is
allowed in neighborhoods with established recreation facilities, utility systems, parking,
traffic patterns and architectural character, the installation and use of accessory apartments
must be strictly controlled to avoid adverse physical, social, economic, environmental and
aesthetic impacts. By allowing only those accessory apartments that are in compliance with
all of the perFormance standards of this entry, the character and quality of existing
neighborhoods will be protected.
B. Permit Procedures:
(1) Permit Required; Application; Fee: No one shall install an accessory apartment
without first having obtained a permit from the director of community development.
Ordinance No. XXX
Page 3 of 9
94 Application for the permit shall be made on such form(s) as may be designated by the
95 director of community development and shall be accompanied by the required permit
96 fee, established by city council ordinance.
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9s (2) Issuance Or Denial Of Permit; Appeals: Within ten (10) working days after receiving
99 the application, the director of community development shall review the application
10o and inspect the property to determine whether or not the proposed accessory
Zo1 apartment meets the perFormance standards. He/she shall deny or approve the
Zo2 application based upon a statement of findings relative to the standards. The decision
Zo3 to issue or deny the permit may be appealed to the planning commission.
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1os (3) Renewal Of Permit: The permit shall be renewed biennially, subject to an inspection
Zo6 and the permit renewal fee. ^�^+;f���+,,,n +„ noiyhh � ; ; ;;y N; ���, ��,;�� nn� ho
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Zo9 (4) Revocation Of Permit; Appeals: Violation of the perFormance standards shall be
ZZO grounds for revocation of the permit. Notice of intent to revoke the permit shall be
111 sent by the director of community development to the permit holder, stating the
112 grounds for revocation. The holder of the permit shall have ten (10) days from the
113 receipt of the notice to file an appeal to the planning commission. Failure to file an
114 appeal within ten (10) days forfeits any challenge to the revocation. At the expiration
115 of the ten (10) day appeal period, the permit shall be revoked. Operation of the
116 accessory apartment shall cease within sixty (60) days from the date of revocation.
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11s C. Performance Standards:
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120 (1) All remodeling for the addition of the accessory apartment shall be on the inside of
121 the structure. Exceptions to this condition will be made only if the applicant submits
122 exterior elevation drawings determined by the director of community development to
123 be architecturally compatible with adjacent structures.
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(2) At least four (4) paved off street parking spaces shall be available on the site, in a
location other than in a required front yard.
(3) Detached �es accessorv structures shall not be converted to living space.
(4) Both the principal and accessory unit must meet the applicable standards of the
building code.
(5) The owner(s) of the residence in which the accessory unit is created shall occupy at
least one of the dwelling units on the premises, except for temporary absences.
136 (6) No more than ten percent (10%) of the single-family dwellings in any one block may
13� contain an accessory apartment. A"block" shall be interpreted to be an area enclosed
13s on its perimeter by streets. In some cases, a block may also be bordered by a body of
139 water or a municipal boundary line.
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141 (7) If the dwelling utilizes an onsite sewage disposal system, additional capacity shall be
142 added to the system if needed for the accessory unit. All systems shall be inspected
Ordinance No. XXX
Page 4 of 9
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by a licensed contractor or inspector prior to issuance or renewal of the accessory
apartment permit. The system shall be pumped as necessary.
(8) House numbers shall be placed on the rip ncipal structure to indicate that the
structure contains an accessorv apartment. �c °��.
2. Excavation incidental to construction on the premises.
3. Home occupations.
153 A. Purpose: The purpose of this entry is to recognize that certain home occupations
154 conducted for gainful employment involving the manufacture, provision, or sale of goods
155 and/or services are compatible with the character of residential neighborhoods and to
156 further establish regulations relating to permitted home occupations. In addition, this
Zs� section is intended to provide a distinction between permitted and prohibited activities and
15s uses concerning home occupations.
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16o B. Home Occupations: Home occupations are permitted as an accessory use to the
161 principal use of properties within all zoning districts within the city subject to meeting the
162 performance standards established in this entry.
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C. Performance Standards: �e A home occupation ch�ll ho r�ormi4�orJ �h�� rinoc n..+ must
conform to all of the following standards:
(1) No more than one person, other than a member of the immediate family occupying the
dwelling, shall be employed on the premises at any one time.
(2) Identification signs shall conform to Title 9, Chapter 8 of this code.
1�2 �3� �n n„ ,�,�„ oholl +ho The appearance of the structure shall not be altered or the
1�3 occupation within the residence be conducted in a manner which would cause the
174 premises to differ from its residential character either by the use of colors, materials,
Z�s construction, lighting or advertising signs or the emission of sounds, odors, noise,
1�5 vibrations, heat, glare or electrical disturbances.
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Z�s (4) No home occupation shall be conducted in any accessory building ;°�^��
17C� r�ormi4+orJ h�i nnnrli�innol i ico r�ormi4
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Zs1 (5) The use shall not create substantial traffic. The number of customer vehicular trips to
1s2 the dwelling unit for the purpose of obtaining products or service shall not exceed ten
Zs3 (10) per day. Vehicular trips related to package pickups and deliveries for home
1g4 occupations shall be limited to four (4) per day and is restricted to straight axle vehicles
Zss only. Any need for parking shall be off the street and be located on approved parking
Zs6 surfaces.
1s�
Zss (6) No home occupation shall cause an increase in sewer or water usage so that the
Zs9 combined total use for dwelling and home occupation purposes exceeds the normal
190 range for residences in the city.
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Ordinance No. XXX
Page 5 of 9
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(7) ;�e�n�"�„-"�;�--� :«;� Exterior storage or display of materials or equipment of any
kll�d IS IJCOhIbI�Gd, v^nnon�or�I �n��+h +ho hnmo ��;y,#�-�
...,�,
(8) Any construction, or alteration of the principal structure, electrical, or mechanical
equipment requires a building permit. The use and/or storage of chemicals or materials
shall not change the fire rating of the principal dwelling.
(9) The operation of the home occupation shall begin no earlier than seven o'clock (7:00)
A.M. and end no later than ten o'clock (10:00) P.M.
(10) No more than twenty five percent (25%) of the principal structure may be devoted to
home occupation use.
D. Permitted Home Occupations: All uses that are not prohibited in this section and are
conducted as a home occupation are required to meet the purpose statement and
perFormance standards of this entry in addition to any applicable state or federal
requirements, codes, or statutes. The city zoning administrator is designated with the
authority to determine if a specific use is allowed as a permitted home occupation.
E. Prohibited Home Occupations: The following uses shall not be permitted as home
occupations:
(1) Adult uses.
(2) Animal hospitals, pet shops, pet daycare.
(3) Check cashing.
(4) Clinics or hospitals.
(5) Contractor yard including the storage of equipment, materials, and other accessories
for the construction and service trades.
(6) Equipment and supply rental.
(7) High intensity arc and oxyacetylene welding.
(8) Limousine services.
(9) Machining.
(10) Medical marijuana dispensary.
(11) Medical and dental offices, clinics and laboratories.
(12) Microbreweries open to the public.
(13) Mortuaries and crematoriums.
(14) Pawnbroker.
(15) Precious metal dealer.
(16) Private clubs.
(17) Repair shops or service establishments, except the repair of computers, cameras,
phones or similar small devices and equipment.
(18) Restaurants or any catering or food preparation business.
Ordinance No. XXX
Page 6 of 9
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(19) Smoking lounges.
(20) Stables or kennels, except as provided under section 11-9A-4 of this article,
"Commercial horse stables..."
(21) Retail shopping stores.
(22) Uses utilizing gunpowder or explosives.
(23) Vehicle sales requiring a Minnesota dealers or wholesale license.
(24) Vehicle, trailer, or boat rental.
(25) Vehicle, trailer or boat painting or detailing.
(26) Vehicle, trailer or boat repair or service.
(27) Other uses determined by the zoning administrator to not be a permitted home
occupation.
4. Identification signs, in accordance with perFormance standards governing signs.
5. , , ,
ef�ls^r�� Accessory Structure as regulated in Title 11, Chapter 3, Section 3.
6. Private swimming pools intended for and used solely by the occupants of the property on
which they are located and their guests.
7. Real estate sales by a subdivider in model homes within his/her own subdivision.
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8. a-8 Signs, as regulated by the city.
9. -a-� Farmers' market, subject to compliance of the criteria established in section 11-8A-3 of
this title, "Farmers' market on nonresidential property...".
11-9A-4: CONDITIONAL USES:
No structure or land shall be used for one or more of the following uses except by conditional
use permit:
1. Accessory buildings and structures requiring a conditional use permit as provided in section
11-3-3 of this title.
2. Cemeteries.
3. Religious institutions and columbariums, including those related structures located on the
same site which are an integral part of the church proper; convents or homes related to a
Ordinance No. XXX
Page 7 of 9
279 religious function on the same site; provided, that no more than ten (10) persons shall
2so reside on the site, and no building shall be located within fifty feet (50') of any lot line.
2g1
2s2 4. Commercial greenhouses; provided, that all outside storage is fenced in such a manner so
2s3 as to screen the stored material from view when observed from the public street or an
2s4 adjoining lot.
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2s5 5. Commercial horse stables, kennels for domesticated animals. dog kennels, boarding
2s� stables and similar uses shall not be located within three hundred feet (300') of a dwelling
2ss unit other than the dwelling unit of the property in question.
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290 6. Electromagnetic communication facilities as regulated in section 11-4-7 of this title.
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292 7. Essential service structures; provided, that no building shall be located within fifty feet (50')
293 of any lot line of an abutting lot in an R district.
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2gs 8. Golf courses and country clubs, which may include a restaurant, on-sale liquor license,
296 assembly, and accessory retailing; tennis clubs, and swimming pools serving more than
29� one family. The principal structure for any of the above listed uses shall be one hundred
29s feet (100') or more from any abutting lot in an R district, and accessory structures shall be a
299 minimum of fifty feet (50') from any lot line.
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301 9. Home occupations not meeting the perFormance standards of section 11-9A-3 of this
302 article, "Home occupations", subsection C, "PerFormance Standards"; provided, that the
303 building in which the home occupation is conducted shall be set back at least one hundred
304 feet (100') from any lot line and at least two hundred feet (200') from a residence of a
3os person other than the home occupation permit holder; provided, further, that the lot on
306 which the home occupation is located shall be at least five (5) acres in size. In no case
307 shall a conditional use permit issued pursuant to this entry permit a home occupation that
3os employs more than seven (7) persons, other than members of the immediate family
309 occupying the dwelling, on the premises at one time; nor shall such a permit allow
310 deviations from the requirements for the appearance of the structure as required by section
311 11-9A-3 of this article, "Home occupations", subsection C(3), or from the limitations on
312 excessive traffic (section 11-9A-3 of this article, "Home occupations", subsection C(5)), or
313 from the limitations on storage and display (section 11-9A-3 of this article, "Home
314 occupations", subsection C(7)), or from the normal hours of operation of home occupations
31s (section 11-9A-3 of this article, "Home occupations", subsection C(9)), nor shall any such
316 permit allow a use prohibited by section 11-9A-3 of this article, "Home occupations",
31� subsection E, "Prohibited Home Occupations."
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319 10. Limited commercial ventures conducted at "historic properties" as defined in section 11-
320 9H-4 of this chapter, "Limited commercial ventures..."
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11. �e�e#+� Tax exemat clubs and lodges.
12. Public, private and parochial schools of all educational levels; provided, that no building
shall be located within fifty feet (50') of any lot line.
Ordinance No. XXX
Page 8 of 9
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-�-4 13. Limited use dog training facilities, subject to the following perFormance standards:
A. Parcels ten (10) acres or greater.
B. No overnight boarding.
C. Minimum setback of fifty feet (50') from all property lines for all training facility arenas
and buildings.
D. Limited hours of operation.
E. Limited number of vehicular trips equivalent to the number of trips that could be
generated if the property was developed at its maximum allowed density.
F. Noise control as regulated by local and state standards.
G. Nuisance control as regulated by local and state standards.
H. Any other reasonable standards or conditions deemed applicable by the Planning
Commission or City Council. (1971 Code § 28-53; amd. Ord. 635, 9-18-1996; Ord. 653, 2-
4-1998; Ord. 663, 4-21-1999; Ord. 884, 10-20-2010; Ord. 887, 2-16-2011)
11-9A-5: DEVELOPMENT STANDARDS:
A. Minimum Requirements: The following minimum requirements shall be observed, subject to
the additional requirements, exceptions and modifications set forth in this title:
' Lot area
Lot width
' Front yard
' Rear yard
' Side yard
' Side yard, attached garage
: Maximum structure height
3 acres
180 feet
30 feet
50 feet
25 feet
20 feet
30 feet
Maximum Impervious lot coveraae
10%
B. Cluster Developments: In order to encourage the preservation of environmentally sensitive
areas, encourage more efficient allocation and maintenance of privately controlled open space
and more efficiently utilize investment in and maintenance of public streets, cluster
developments in the R-1 district shall be encouraged under the following conditions:
Ordinance No. XXX
Page 9 of 9
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1. No individual lot shall be less than one and one-half (1'/2) acres in size, with a minimum
of one and one-half (1 �/z) acres of land suitable for onsite sewage disposal systems.
Exceptions to the minimum lot width requirement may be granted. �����° °"���
In� h�vo (occ �hon fnrFv foo4 /il(1�\ nf frnn��no r+nlJ r�i�hlin rn-+rl
2. The overall density of the parcel shall ;n ^„�� not exceed one dwelling unit per three
(3) acres.
3. The remaining area shall be permanently �reserved as open space. This area may be
accepted by the city as fulfillment of the park dedication requirement of the subdivision
regulations, if consistent with the parks and open space element of the Comprehensive
Plan. If not so dedicated, the open space shall be placed under control of a
homeowners' association or other appropriate jurisdiction. Deed restrictions requiring
the permanent reservation of these areas as open space shall be recorded before
building permits for lots in a cluster development may be issued.
SECTION 3. AMENDMENT SUMMARY PUBLICATION. Pursuant to Minnesota
Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published.
While a copy of the entire ordinance is available without cost at the office of the City Clerk, the
following summary is approved by the City Council and shall be published in lieu of publishing
the entire ordinance: "Modifications were made to City Code Title 11-9A relating to the
definition and number of dwelling units and to accessory uses in residential districts."
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this 4th day of February 2015.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
Published in the South Washington County Bulletin on [Date].
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6.3 Dwelling Units in Residential Districts — Case TA2015-003
The City of Cottage Grove has applied for a zoning text amendment modifying City
Code Title 11-9A relating to the definition and number of dwelling units and acces-
sory uses in residential districts.
Burbank summarized the staff report and recommended approval.
Brittain asked about the language in line 19 requiring that "each dwelling unit must be
located on a separate lot of record," in regards to townhome structures that have more
than one dwelling unit and if that means that the boundary lines of those lots of record
would go through the building. Burbank responded that is correct. He stated that ex-
isting townhome developments such as Mississippi Dunes Estates and Almar Village
were platted as separate lots of record with zero lot lines. Those lots include the resi-
dential unit and area outside the physical structure that accommodates decks, drive-
ways, and landscaping areas. The proposed language is just clarifying that they are
separate lots of record.
Rediske opened the public hearing. No one spoke. Rediske closed the public
hearing.
Graf made a motion to approve the zoning text amendment to City Code Title
11-9A. Graff seconded.
Motion passed unanimously (5-to-0 vote).