HomeMy WebLinkAbout2020-06-22 PACKET 06.5.STAFF REPORT CASE: TA2020-036
ITEM: 6.5
PUBLIC MEETING DATE: 6/22/20 TENTATIVE COUNCIL REVIEW DATE: 7/15/20
APPLICATION
APPLICANT: City of Cottage Grove
REQUEST: A zoning text amendment to bring accessory apartment requirements in
the zoning ordinance (City Code Title 11-9A-3) into compliance with
rental licensing requirements (City Code Titles 9-14-1 through 9-14-19).
SITE DATA
LOCATION: N/A
ZONING: N/A
GUIDED LAND USE: N/A
LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED
NORTH:
EAST:
SOUTH: N/A
WEST:
SIZE: N/A
DENSITY: N/A
RECOMMENDATION
Approval.
Cottage
Grove COTTAGE GROVE PLANNING DIVISION
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here Pride and,Ospellty Meet
Planning Staff Contact: Bria Raines, Planning Intern; braines _cottagegrovemn.gov
Application Accepted:. N/A 60 -Day Review Deadline: N/A
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016
Planning Staff Report
Ordinance Amendment
Planning Cases TA2020-036
June 22, 2020
Proposal
The City of Cottage Grove has filed an application for a zoning text amendment pertaining to acces-
sory dwelling units. The proposed amendment will bring the zoning ordinance into compliance with
the revised rental ordinance (Ord. 982, 6-21-2017).
Background
In 2017, the City Council revised the rental license ordinance (Title 9-14-1 through Title 9-14-19) and
determined that Accessory Dwelling Units would not require a rental license because they were fully
contained in a single-family home. These are often referred to as a mother-in-law apartment.
The intention of this revision is to ensure the City's zoning code aligns with the rental license require-
ment in Title 9, which does not require a license for accessory apartments.
Review
Text Amendment
Staff has drafted the attached zoning text amendment that accomplishes the following:
Revision of City Code Title 11, Chapter 1, Section 3, regarding the definition of an Accessory
Apartment by removing reference to permit procedures and criteria of Section 11-9A-2.
2. Removal of City Code Title 11, Chapter 9A, Section 3, Parts B and C, regarding the licensing
requirements and performance standards in accessory buildings. As licenses are not required,
removal of these parts will align the zoning code to the rental license requirement.
Recommendation
That the Planning Commission recommend to the City Council the approval of the ordinance amend-
ing City Code Title 11, Chapter 1, Section 3, regarding the definitions of Accessory Apartments, and
Title 11, Chapter 9A, Section 3, regarding Permitted Accessory Uses.
Prepared by:
Bria Raines
Planning Intern
Attachment -
Ordinance Text Amendment
• City Council Memo
CITY OF COTTAGE GROVE, MINNESOTA
ORDINANCE NO. XXXX
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING
COTTAGE GROVE CITY CODE TITLE 11, CHAPTER 9A, SECTION 3 REGARDING
PERMITTED ACCESSORY USES
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, Title 11, Chapter 1, Section 3 regarding Accessory Apartments
shall be amended as follows:
ACCESSORY APARTMENT: A separate dwelling unit contained within an existing single-family
structure, to be occupied by another family as a separate, complete housekeeping unit, isolated
from the original unit, subjeGt te the permit prOGed gyres and criteia of SeGtien 11 9A 2 of this Title
e , " ccesse, y apar-trne . The existence of separate cooking facilities shall distinguish an
accessory apartment from the renting of rooms for lodging purposes.
SECTION 2. AMENDMENT. The Code of the City of Cottage Grove, County of
Washington, State of Minnesota, Title 11, Chapter 9A, Section 3 shall be amended as follows:
Uses and structures which are customarily accessory and clearly subordinate to permitted uses
and structures shall be permitted, including:
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.
PermitRequired;..
without first having obtained a permit frern the direGtGr
Of GOMMunity development. ..
City of Cottage Grove, Minnesota
Ordinance No. XXXX
Page 2 of 2
Remaining sections to be renumbered accordingly.
SECTION 3. 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.
These amendments remove the rental permit requirements for accessory apartments to
accurately reflect the intention of the City's Rental Licensing Chapter 14.
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 [Day] day of [Month Year].
Myron Bailey, Mayor
Attest:
Joe Fischbach, City Clerk
Published in the South Washington County Bulletin on [Date].
LEVANDER,
GILLEN
MILLER,, P. A.
ATTORNEYS AT LAVA
MEMO
TIMOTHY J. KUNTZ
DANIEL J. BEESON
ANGELA M. LUTZ AMANN
KORINE L. LAND
DONALD L. HOEFT
BRIDGET McCAULEY NASON
PETER G. MIKHAIL
SCOTT M. LUCAS
TONA T. DOVE
AARON S. PRICE
DAVID L. SIENKO
CASSANDRA C. WOLFGRAM
CASSANDRA J. BAUSTISTA
AMANDA J. JOHNSON
TO: Honorable Mayor and Members of the Cottage Grove City Council
FROM: Kori Land, City Attorney
DATE: May 20, 2020
RE: Amend City Code Section regarding Permits for Accessory Dwelling Units
In 2017, the City Council revised the rental license ordinance (Title 9-14-1 — Title 9-14-19) and
determined that Accessory Dwelling Units would not require a rental license because they were
fully contained in a single-family home. These are often referred to as the mother-in-law
apartment.
In our City Code and Zoning Code, Accessory Dwelling Units and Accessory Apartments are
synonymous. We just discovered that Title 11-9A-3 in the zoning code regarding Accessory
Apartments still requires a permitting process that mirrors the licensing requirements for rental
properties, with an application, 2 -year term, approval and denial, as well as the potential for
revocation. It was not intended when Accessory Dwelling Units were excepted from rental
licensing to still require a permit. This was simply an oversight that we did not connect this zoning
requirement when we revised the rental license ordinance.
Attached is a clean-up ordinance to remove the permitting process for Accessory Apartments.
RECOMMENDATION: Approve Ordinance Amending Cottage Grove City Code Title 11,
Chapter 9A, Section 3 regarding Permitted Accessory Uses.
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