Staff ReportsCITY OF SHOREWOOD
ORDINANCE NO.492
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS
TO ALLOWABLE FRONT YARD ENCROACHMENTS
Section 1, City Code Section 1201.02 is hereby amended to include:
"PORTICO. A covered walkway in the form of a roof supported by columns or pillars, usually
attached to a building, and leading to an entrance of the building."
Section 2. City Code Section 1201.03 Subd. 3.c.(2) is amended to read:
"(2) For a detached single-family, two-family or townhouse dwelling in any residential zoning
district, ramps and other devices for access to buildings and sites by disabled persons in
compliance with the Americans with Disabilities Act may encroach into any required front,
side or rear setback, provided that a front setback of not less than 20 feet, a rear setback of 20
feet, and side setbacks of not less than five feet shall be maintained.
For a detached single-family, two-family or townhouse dwelling constructed prior to 19
May 1986:
(a) A one story enclosed entrance may extend into the front yard setback not more
than four feet. The entrance shall not exceed six feet in width.
(b) A one story open portico may extend into the front yard setback not more than four
feet, provided:
(i) The length of the portico shall not exceed fifty percent of the width of the
silhouette of the building, excluding eaves, as viewed from the street; and
(ii) , This area shall not be enclosed nor screened with mesh, glass, or other similar material,
except for guardrails no higher than 42 inches and at least 60 percent open."
Section 3. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of
March, 2012.
Christine Lizee, Mayor
ATTEST:
P"CAT! --
Jean Panchyshyn, Deputy City Clerk
City of Shorewood Council Meeting Item
Title / Subject:
Zoning Code Amendment —Allowable Encroachments
Meeting Date:
12 March 2012
Prepared by:
Brad Nielsen
Reviewed by:
Patti Helgesen
Attachments: I — Planning Director's memo, dated 12 January 2012
11— Draft Ordinance
MEETING TYPE
Regular Meeting
Policy Consideration: Should the City adopt an amendment to the Zoning Code that would allow
porticos to encroach into front yard setbacks and, if so, how much?
Background: Last November the City considered a variance request involving an entry structure
encroaching into a front yard setback (see Attachment I for additional background — note: the request
was withdrawn by the applicant, so there was no Council action on it). The Planning Commission and
Council agreed that there were merits to the request and directed staff to prepare an amendment that
would allow such features for older homes. The proposed amendment (Attachment II) includes the
recommendation by the Commission that the portico could extend across fifty percent of the subject
home. The Commission voted unanimously to recommend approval.
Financial or Budget Considerations: None.
Options: Approve the amendment as recommended by the Planning Commission, modify it, or deny it.
Recommendation / Action Requested: Approval of the amendment is recommended.
Next Steps and Timelines: The amendment will go into effect upon publication in the official
newspaper.
Connection to Vision / Mission: This amendment is viewed as providing a healthy environment and a
sustainable tax base.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient and visionary leadership. Page 1
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960.7900
FAX (952) 474.0128 • www.ci.shorewood.mmus • cityhaI1@ci.shorewood.mn.us
MEMORANDUM
TO: Planning Commission
FROM: Brad Nielsen
DATE: 17 February 2012
RE: Zoning Code Amendment — Allowable Front Yard Encroachments
FILE NO. Zoning (Section 1201.03)
Attached is the public hearing draft of the ordinance amendment that allows porticos to encroach
into front yard setbacks. Per the Planning Commission's direction we have increased the allowable
width of the encroachment to fifty percent of the front silhouette of the home.
Cc: Laura Hotvet
Brian Heck
Tim Keane
t •PRINTED ON RECYCLED PAPER
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474-0128 • www.ci.shorewood.mmus • cityhallfci.shorewood.mmus
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 12 January 2012
RE: Zoning Code Amendment — Allowable Front Yard Encroachments
FILE NO. Zoning Code (1201.03 Subd. 3)
Last November the City denied a variance request involving an entry structure encroaching
into a front yard setback. Although that application failed to meet the standards for a
variance, the applicants raised some issues that resulted in direction from the Planning
Commission and City Council to review what types of structures may be allowed within the
front yard setback area.
As you are aware, the Shorewood Zoning Code (Section 1201.03 Subd. 3.c.(2) allows single -
and two family homes and townhomes built prior to 19 May 1986 to construct a six-foot wide
entry enclosure that encroaches as much as four feet into the required front yard. The intent
of that provision was to allow an energy saving airlock at the front entry to the home. The
Code goes on to allow terraces, steps, stoops and similar (ground level) features to encroach
4.5 feet into the front yard setback. It also specifically prohibits porches and balconies from
the same exception.
The arguments raised by the variance applicants included a desire to have a structure leading
to the entryway that would allow people, especially elderly visitors, entering the building to
stand out of the rain as they wait to enter. In discussing this, a consensus of the Planning
Commission agreed that some sort of amendment was in order to provide for this type of
feature, but that the issue of encroachment must be addressed cautiously.
In reviewing our Code against those of other cities, one of the first suggestions staff makes is
to better define what it is we are allowing to encroach. The feature to which people appear to
be sympathetic is best described/defined as a "portico'. Following is a proposed definition
derived from several dictionary sources:
Attachment I
A
LJ PRINTED ON RECYCLED PAPER
Memorandum
Re: Zoning Code — Front Yard Encroachments
12 January 2012
"Portico — A covered walkway in the form of a roof supported by columns or pillars, usually
attached to a building, and leading to an entrance of the building."
With that added to the definitions section of the Zoning Code, it must be determined how
much this type of architectural feature should be allowed to encroach. For the sake of
consistency, it is suggested that the current provision in Subd. 3.c.(2) serve as a guide. The
enclosed entry is limited to one story in height and is allowed to extend four feet into the
required setback. It is worth noting that this portico could be wider than four feet, but the
encroachment into the front setback is limited to four feet. This would allow a covered
walkway wide enough to accommodate a wheelchair, even if the house was built right at the
setback line.
While an enclosed entry is limited in width to six feet, it is suggested that the portico could
be longer than that. Again, in reviewing other codes, a percentage (e.g. 25 percent) of the
width of the dwelling, as viewed from the street should be adopted. To put that number into
perspective, the application that was denied included a feature that was approximately 17
percent.
To minimize the visual impact of the encroachment, language requiring the structure to be
essentially open (i.e. no walls) should be included in the amendment. For example:
"This area shall not be enclosed nor screened with mesh, glass, or other similar material,
except for guardrails no higher than 42 inches and at least 60 percent open."
Finally, mention was made of accessibility for the elderly and the disabled. Currently, our
Zoning Code does not make provision for ramp systems that rise above grade to encroach
into the front setback. It is also difficult to grant a variance in such cases because variances
are limited to circumstances unique to property, not individuals. This issue has arisen in
conversations about life -cycle housing. In some cases providing for such features could
allow people to remain in their homes, if access was easier. As we consider allowable
encroachments, the following provision is offered:
"Ramps and other devices for access to buildings and sites by disabled persons in
compliance with the American Disabilities Act may encroach into any required front,
side or rear setback, provided that a front setback of not less than 20 feet and side and
rear setbacks of not less than five feet shall be maintained."
At the risk of being presumptuous, an amendment to the Zoning Code incorporating the
above suggestions would read as follows:
III IN
-2-
Memorandum
Re: Zoning Code — Front Yard Encroachments
12 January 2012
"(2) For a detached single-family, two-family or townhouse dwelling in any residential
zoning district, ramps and other devices for access to buildings and sites by disabled
persons in compliance with the American Disabilities Act may encroach into any
required front, side or rear setback, provided that a front setback of not less than 20
feet and side and rear setbacks of not less than five feet shall be maintained.
For a detached single-family, two-family or townhouse dwelling constructed prior to
19 May 1986:
(a) A one story enclosed entrance may extend into the front yard setback not more
than four feet. The entrance shall not exceed six feet in width.
(b) A one story open portico may extend into the front yard setback not more than
four feet, provided:
(i) The length of the portico shall not exceed twenty-five percent of the width
of the silhouette of the building, excluding eaves, as viewed from the
street; and
(ii) This area shall not be enclosed nor screened with mesh, glass, or other
similar material, except for guardrails no higher than 42 inches and at least
60 percent open."
This item is scheduled for discussion at the 17 January meeting. If possible, we would like to
schedule a public hearing on an amendment for the 8 February meeting (21 February at the
latest).
Cc: Brian Heck
Tim Keane
Laura Hotvet
WI