Staff Report - 2-25-2010CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mmus • cityhaII@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission
FROM: Brad Nielsen
DATE: 25 February 2010
RE: Zoning Code — Zoning Permits
FILE NO. 405(Zoning)
One of the items on the 2010 Work Program is consideration of an amendment to the
Shorewood Zoning Code, which would establish a system of zoning permits for
activities that are not addressed by the State Building Code. For example, the City
has requirements relative to decks and patios that, if less than 30 inches in height, are
not covered by the Building Code. The City's main concern has to do with location
and hardcover vs. the standard of construction. When a property owner inquires
about permit requirements we simply advise them that no permit is required, but the
feature in question must meet zoning requirements. Without a permit process there is
no way to monitor the activity for compliance. Further, when some owners find out
that no permit required, they also assume no rules apply.
Many cities have adopted systems of zoning permits to address such activities.
Nowhere is it better explained than in a brochure published by the City of Chanhassen
(see Exhibit A, attached). Not only does this explain the City's reason for requiring
the permit, but they explain the advantage to the homeowner of having a record of the
approved activity on file with the City.
Building Inspection and Planning staff have assembled a list of projects that would
require a zoning permit in Shorewood:
• Accessory buildings less than 120 square feet in floor area*
• Fences
• Driveways
• Temporary signs
• Sport and tennis courts
4"
f.0 PRINTED ON RECYCLED PAPER
Memorandum
Re: Zoning Permits
25 February 2010
• Patios and sidewalks
• Retaining walls higher than three feet (no separate permit required when a
building permit is required for grading)
• Above -ground fireplaces and cooking facilities, but not including portable
appliances
*Staff also proposes that the City's requirement for small sheds be made
consistent with the State Building Code. Currently, if a shed is less than 100
square feet in area, it does not require a building permit. The Building Code
allows sheds less than 120 square feet without a permit. Our suggestion is that a
zoning permit would be required for sheds less than 120 square feet in area.
Use of a zoning permit process also helps to minimize confusion. When a building
permit process is used for zoning matters, there is some assumption that there is a
provision in the Building Code relative to the activity. The zoning permit would
point people in the right direction — the Zoning Code.
It is recommended that Section 1201.07 of the Shorewood City Code be amended to
read: "ADMINISTRATION: CERTIFICATE OF OCCUPANCY; ZONING
PERMITS", with the items listed above as being subject to the permit process.
With respect to fees, staff suggests that the charge for zoning permits be kept
minimal. Currently, we charge $20 for fence and sign permits, and that is what is
suggested for a zoning permit. This basically covers some minimal paperwork and
one inspection.
This item will be discussed at the Planning Commission meeting on Tuesday, 2
March 2010. If the Planning Commission is in agreement with staff, a public hearing
will be scheduled for 6 April 2010.
Cc: Mayor and City Council
Brian Heck
Mary Tietjen
Joe Pazandak
Patti Helgesen
-2-
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