08/06/2012 - City Council Public Works CommitteeAGENDA
PUBLIC WORKS COMMITTEE MEETING
MONDAY, AUGUST 6, 2012
4:30 P.M.
CITY HALL
CONFERENCE ROOMS 2A &B
I. ADOPT AGENDA
II. CITY CODE CONSIDERATIONS / MR. DAN
REISDORFER
III. OTHER BUSINESS
IV. ADJOURNMENT
Agenda Memo
August 6, 2012 Public Works Subcommittee Meeting
II. CITY CODE CONSIDERATIONS — DAN REISDORFER
ACTION TO BE CONSIDERED: To provide staff with direction regarding the Mr.
Reisdorfer's suggested modifications to the City Code.
FACTS:
➢ Mr. Reisdorfer appeared before the City Council on June 21, 2011 under Visitors To
Be Heard to suggest a number of changes to the City Code. The mayor suggested
Mr. Reisdorfer work through the City Administrator's office to get his suggestions
considered.
➢ The attached letter was submitted by Mr. Reisdorfer. Staff reviewed the letter and
proceeded to break the document down into manageable parts. That effort was
completed in September and staff provided the break down to Mr. Reisdorfer to
make sure all of his suggestions were expressed.
➢ Staff did not hear back from Mr. Reisdorfer until March of this year. At that time, he
stated all of his suggestions were accounted for and he added a few more to be
considered.
➢ Planning staff has provided analysis for each suggestion that is in keeping with the
City Council's stated priority of property maintenance and maintaining quality
neighborhoods. That document is also attached.
Attachments (2)
Mr. Reisdorfer's original letter on pages 3 through 5
City staff response to said letter on pages (0 and I a ..
City of Eagan from 21June2011- -City Council meeting notes, also for the Eagan City
Planning and Zoning Commission meeting 26Ju1y2011.
New business:
Opening Statement/ Introduction: My Name is Daniel R. Reisdorfer and I just want to
mention upfront that politically and fundamentally speaking, I am an Independent Thinker.
This means that I look at every situation from multiple viewpoints, then I research the
appropriate facts and look at the options available to help solve the problem(s) and only
then do I make my decision(s) or choice(s). I do not listen slavishly to any political party
and the many misleading, distorted and sometimes outright lies used to avoid facing the
truth or the real facts. I am sincere, hard working and dedicated in my total approach to
life. I am not affiliated with any construction or development company. I am an
independent Business Consultant, an Author, a Blogger and an Artist, among my many
talents. I work for and own Achieving Consistent Excellence x Six. I am not wealthy and
business is not great during this Great Recession period. I just wanted you to
know /disclose those details about me upfront.
I am primarily here to offer my assistance, both as a resident of Eagan, MN and as a
business person, in helping to ensure that Eagan continues to be successful and
productive as a mature city, in the 21St century and beyond.
There are multiple things that Eagan can do very easily and relatively inexpensively to help
improve the lives and the business prospects of it's residents, such as the following:
1. Rezoning all existing R -1 and R -1 S housing stock to R -1 and R -2 (R -1 / R -2) this will go a
long way to better accommodating the rapidly aging and often less affluent society that we
live in, while also accommodating various demographic changes such as those created by
job changes (or temporary lack thereof), family -adult children, relatives moving back home;
seniors and their desire to stay in a family home - independent or somewhat independent, as
long as possible, etc.. See some examples: justgarageplans.com -plans 12 -036, 2807, 2808,
9918, 2301, 10 -134, 10 -146 10 -102, 11 -004, 11 -023, etc..
2. Updating- changing or deleting, any conflicting or inadequate zoning regulations -
sections, subdivisions, etc.. Some examples:
In Chapter 10, e.g. Sec. 10.40, Subd. 6.C.2 -needs to be redefined to 15 ft. from primary
structure for multiple -more than two family and multi level dwellings only. I know of no
single family homes or townhouses in Eagan where anyone grills more than 15ft. from their
primary structure -home. For most it is within 5 -10 ft. max. on their deck, patio, driveway,
etc., but I also have a built in grill /BBQ area with a dedicated chimney, that is made of
brick and attached to my home (from the 1960's) on the covered, kitchen porch;
Sec. 10.52, Subd. 2A -needs to be stricken/ repealed, because people should be allowed to
stay in a Mobile Home/ Recreational vehicle in their own driveway, back or side yard or if
they are someone visiting the owner/ occupants for a period of time;
In Chapter 11, e.g. Sec. 11.40- General Provisions, Subd. 3 on Lot provisions, in 3.B.,
Change -no more than one principal bldg., to no more than 2 principal bldgs.;
Subd. 5, Accessory bldgs., structures and uses, 5.A.2- Define limits and /or examples of
similar finish bldg. materials and Change or Remove - matching color, to compatible color of
principal bldg. (add an exemption for children's playhouse, forts, tree house, etc. ?); in
5.C.2, Strike -no more than 2 detached accessory bldgs., it is not necessary to define this,
lot size and setbacks should define this; in 5.C.4, Change -Total floor area shall not exceed
576 sq. ft. of all detached accessory structures, to no larger than primary structure
foundation sq. ft., based on lot size and setbacks, etc., and require permits, as necessary;
in 5.C.5, Change -Total floor area shall not exceed 800 sq. ft. of all detached accessory
structures, to no larger than primary structure foundation sq. ft., based on lot size and
setbacks, etc., and require permits, as necessary (the current std. Does not even cover the
size of many three and four car garages currently available /in use in Eagan and also, for
people with large 2 car garages who want to have a mower /garden supplies shelter, boat
shelter, garden hoop green houses around their yards (this is MN after all and we have a
very short growing season), etc. this puts them in violation unnecessarily- maintenance and
quality initial construction is what is most important); 5.C.6, Strike -the roof shall match
the pitch and style of the principle structure; 5.C.8, Change -Wall ht. Can not exceed 11 ft.
from floor to roof deck, to 15 ft.; 5.C.9, Change -No door opening can exceed 8 ft., to 12 ft. --
both C.8 and C.9 changes allow adequate sheltering of at least class B and C RV's; 5.D.,
Ag. Uses, Change - Bldgs. and structures accessory to farming...,to include "or gardening" to
allow hoop/ high tunnel greenhouses in R -1 /R -2 zoning also; Subd. 6., if Roundabouts (Ra)
were added wherever possible across the city and the appropriate speed, yield and Ra detail
signage were implemented this might be able to be eliminated or reduced - additionally, the
city would save big on electricity, traffic lighting, speeding issues, accidents, etc,;
Section 11.50, Admin and enforcement, Subd. 5., Amendments to zoning maps (rezoning)
and ord. text - Rezoning of all single family residential units from R -1 to R -1 / R -2 and
possibly LB too; Define LB- Limited Business in R -1 / R -2 areas/ districts.
Section 11.60, Use District and overlays, Subd. 1. Reclassify all R -1, R -1 S, R -2, LB, as R-
1 / R -1 S / R -2 / LB as Double District and/or Limited Business District; Subd. 3.0 Ag.
District, 3.B.6., Change- Single - family detached dwelling, to Single or Two- family detached
dwellings; 3. C.1., Change -R -1, to R -1 / R -2; 3. D.4., Change to, "Gardening and other
horticultural uses where sale of products may be conducted on the premises during
reasonable business hours "; New paragraph 3.J., Use rain barrels /cistern bag(s) /tank(s)
and rain gardens to help conserve water, help prevent flooding, etc.; Subd. 4.0 Estate
District, 43.2, Change - Single - family detached dwelling, to Single or Two- family detached
dwellings; 4.D.5., Change to, "Gardening and other horticultural uses where sale of
products may be conducted on the premises during reasonable business hours "; 4.E., Bulk
standards..., Building Cover (max.), Change -20 percent,to 50 percent; New paragraph 4.J.,
Use rain barrels/ cistern bag(s)/tank(s) and rain gardens to help conserve water, help
prevent flooding, etc.; Subd. 5.0 Residential Single District, 5.B.2, Change - Single - family
detached dwelling, to Single or Two- family detached dwellings; 5.D.5., Change to,
"Gardening and other horticultural uses where sale of products may be conducted on the
premises during reasonable business hours "; 5.E., Bulk standards..., Building Cover
(max.), Change -20 percent,to 50 percent; New paragraph 5.J., Use rain barrels /cistern
bag(s) /tank(s) and rain gardens to help conserve water, help prevent flooding, etc.; Subd.
6.0 Residential Single Small Lot District, 6.B.2, Change - Single - family detached dwelling, to
Single or Two- family detached dwellings; 6.D.5., Change to, "Gardening and other
horticultural uses where sale of products may be conducted on the premises during
reasonable business hours "; 6.E., Bulk standards..., Building Cover (max.), Change -20
percent,to 50 percent; New paragraph 6.J., Use rain barrels /cistern bag(s) /tank(s) and rain
gardens to help conserve water, help prevent flooding, etc.; Subd. 7.0 Residential Double
District, 7.B.2, Change- Two - family detached dwelling, to Single or Two- family detached
dwellings; 7.D.5., Change to, "Gardening and other horticultural uses where sale of
products may be conducted on the premises during reasonable business hours "; 7.E., Bulk
standards..., Building Cover (max.), Change -20 percent,to 50 percent; New paragraph 7.J.,
Use rain barrels /cistern bag(s) /tank(s) and rain gardens to help conserve water, help
prevent flooding, etc.;
New paragraph J. recommended for all 11.6.0. Subds., Use rain barrels /cistern
M
bag(s)/tank(s) and rain gardens to help conserve water, help prevent flooding, etc.;
Section 11.70, Subd. 5.0, Minimum required off - street parking, 5.K., Strike - "No" from the
statement as many Town Home /Quad Home developments have detached garages in
Eagan (e.g. Surrey Hts., etc.); 5.R., Two - family dwelling, Change -2 enclosed parking spaces
for each dwelling unit, to 1 enclosed and 1 outdoor parking space per dwelling unit; Subd.
7.0, Parking space design, what is an Aisle Width ?; Subd. 12.B., Lanscape Plan, B. LA,
Add -R -1 / R -2/ LB; Subd. 16.0, fences, Construction and maintenance, 16.13.2, Add -Up to 8
ft. with city variance for neighbors decks, etc..
3. Additionally, allowing home businesses to have an approved, quality business sign in
their yard, visible from the public roads/ streets and then coming up with the necessary
specific parameters, to obtain consistency throughout the city and also to assist basic
marketing success in the new 21St Century business paradigm is vitally important. After
all, we have, for many years, allowed all manner of Real Estate people to advertize their
businesses all over our city -in residential and commercial areas using yard or property
based signs; we also allow all manner of construction companies to advertize their
construction -full, partial, remodeling, etc. success examples all across our city -in
residential and commercial areas using yard or property based signs.
In today's and future economic realities, the city of Eagan needs to assist all of it's
residents, as much as possible, to help maintain vitality, help keep neighborhoods and
commercial districts thriving and also to help adapt to the changing demographics and
economic conditions that currently exist and for the long term.
I am available now for questions and also can be contacted by phone or email for scheduled
meetings, to assist as needed or desired.
Thank You for listening and showing your continued concern and willingness to do what is
best for all of Eagan's residents.
Dan Reisdorfer
drreisi&ahoo.com
651 - 456 -0443, 651 - 405 -0814
Dan Reisdorfer suggested amendments to City Code
Chapter 10
Sect. 10.40 Subd. 6, C.2
No person shall store or use any fuel, barbecue torch or other similar heating or lighting
chemical or device on any balcony above ground level, or on any ground floor patio within 15
feet of a structure.
DR: Revise to state 15" setback for multi -level dwellings larger than two units.
Eagan: The standard is based on best management practices regarding separations between
such items and structures for most cities in the Metro Area.
Sect. 10.52 Subd. 2.A
1 1 It is unlawful for any person to park a mobile home or recreational camping vehicle upon
ipublic or private property for human habitation except in a licensed mobile home park.
DR: People should be allowed to stay in a mobile home or RV on their property.
Eagan: This would be contrary with the intent of 'storage' and 'dwelling unit' and to ensure
that people are inhabiting safe, permanent housing within residential districts.
Chapter 11
Sect. 11.40 Subd. 3, 5 & 6
Subd 3, B
:There shall be no more than one principal building on one lot except when approved as a part
tof a planned development.
DR: Change to no more than two principal buildings.
Eagan: Allowing more than one principal structure will drastically alter the character of
residential areas. One principal structure per lot is a standard zoning practice and maintains
uniformity within neighborhoods. Where it makes sense, however, a planned development
can be sought.
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Revise Subd 5, A.2
Accessory buildings exceeding 120 square feet in size shall exhibit finish materials similar and
compatible to those utilized on the principal building and match the principal building in color.
DR: Change 'match' to 'compatible' color and exempt playhouses, tree houses, etc.
Eagan: The purpose of the requirement is to maintain continuity with the principal structure.
Changing "match" to "compatible" could be considered; structures that require a Building
Permit should not be exempted from standard.
Subd 5, C.2
No more than two detached accessory buildings may be permitted for each dwelling.
DR: Strike this requirement and allow lot size and setbacks dictate
Eagan: Striking this requirement would potentially allow many 'out' buildings of various sizes
depending on the size of the lot and it would require the development of a sliding scale
between lot size and the number of structures, which may be subjective. The City established
this standard to avoid storage building 'farms'.
Subd 5, C. 4, 5, 6, 8 & 9
'When an attached garage is present on the site, the total floor area of all detached accessory
structures (including garages) shall not exceed 576 square feet.
DR: Change to no larger than principal structure.
Eagan: The existing standard does not limit attached garage size; suggested change would
challenge "principal use" definition. The City Attorney has advised in the past that relative
size is among the considerations in defining principal and accessory.
When an attached garage is not present on the site, the total floor area of all detached
,accessory structures shall not exceed 800 square feet.
Page 2 of 7
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DR: Change to all detached structures no larger than principal structure.
Eagan: 800 SF was determined to be a reasonable standard for residential garages /storage. A
Variance could be sought on a case by case basis. 800 SF permits a standard configuration
three stall garage.
The roof of all detached accessory structures exceeding 120 square feet in size shall match
the pitch and style of the principal structure.
DR: Strike this requirement.
Eagan: The City established this standard to maintain uniformity and cohesiveness among the
larger buildings on individual lots, rather than having multiple pitches and styles among the
buildings. Structures that require a Building Permit should meet this standard to ensure this
cohesiveness.
Jn no event shall the inside wall height of any detached accessory structure, including a
detached garage, exceed 11 feet as measured from the floor to the roof decking (maximum
eight -foot wall height for accessory structures 120 s.f. or smaller).
DR: Strike this requirement.
Eagan: This standard is intended to prohibit storage facilities in residential areas and again
relates to the differentiation between principal and accessory structures.
In no event shall the height of a door opening of any detached accessory structure or attached
garage exceed eight feet, as measured from the floor to the trim covering the door header.
DR: Strike this requirement.
Eagan: This standard is intended to regulate the size of vehicles /equipment stored in
residential areas. It was developed in concert with the wall height standard noted above.
Subd. 5, D
Agricultural uses. Buildings and structures accessory to farming operations are exempt from the
requirements of this subdivision except that a building containing more than two animal units
,shall not be less than 50 feet from a lot line.
Page 3 of 7
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•
DR: Add 'or gardening' to allow hoop /large tunnel greenhouses to R- 11R -2.
Eagan: The City's long standing standard has been that hoop or large tunnel greenhouses
should be located in the Ag zone. Permitting them in other zones would be contrary to the
efforts to maintain consistency between principal and accessory structures discussed above.
Subd. 6
Traffic visibility. On all corner lots in all districts, no structure or planting in excess of 30
inches...
DR: Add roundabouts where possible.
Eagan: Public Works does consider roundabouts where warranted and feasible and standards
for acceptable planting heights are part of the design criteria for their installation.
Sect. 11.50 Subd. 5
Amendments to zoning map (rezoning) and ordinance text.
DR: Rezone all single family units from R -1 to R- 11R -2.
Eagan: Like most cities in the region, the City of Eagan zones property to separate uses and
densities by type. Typically, single family detached property owners expect R -1 uses to be
maintained within existing neighborhoods. The appropriateness of mixing unit types can be
reviewed on case by case basis via a planned development.
Sect. 11.60 — Use Districts and Overlays
DR: Add LB to R -1, R1 -S, R -2 categories.
Eagan: As noted above, the City of Eagan zones properties to separate uses and densities by
type. The appropriateness of mixing commercial and residential uses should be reviewed on
case by case basis via a planned development.
DR: Allow single or Two - Family detached in R -1, R1 -S, R -2 and change "Gardening and other
horticultural uses where no sale of products is conducted on the premises" to "Gardening and
Page 4 of 7
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other horticultural uses where sale of products may be conducted on the premises during
reasonable business hours."
Eagan: for the proposed language would expand business activities within residential areas, to
date, it has been the City's standard that only business operations consistent with Home
Occupation standards should be allowed.
DR: Add "use of rain barrels /cistern bag(s)/tank(s) and rain gardens to help conserve water,
help prevent flooding, etc." to all Use Districts and Overlays and change the building cover
max from 20% to 50 %.
Eagan: While the use of rain barrels, rain gardens and similar methods are encouraged, they
are intended to complement the limits on pervious coverage, not offset them. The offset
proposed would result in overwhelming building scale and hard surface. Sect 11.70 —
Performance Standards
Subd. 5, K, R.
'Multiple dwellings, including townhouses, apartments and condominiums.
1. [Reserved].
2. No detached garages shall be permitted. All garages shall be attached or underground.
3. On all buildings at least one enclosed or underground garage space per unit and at least
one outdoor parking space per unit shall be provided.
DR: Strike 'no' from no detached garages.
Eagan: The City's history and experience show detached parking garages are more likely to
become damaged and tend to create on -going maintenance issues. Detached parking
garages may be considered in unique circumstances through the variance or planned
development process.
R. Two - family dwellings. At least two enclosed parking spaces for each dwelling unit.
DR: Change to 1 enclosed and 1 outdoor.
Eagan: The City's history and experience show a parking need for two family dwellings that
frequently exceeds two stalls per unit.
Page 5 of 7
Lf
Subd. 12, B
Plan required. A landscape plan shall be approved by the city and
!implemented by the property owner:
(a)
For any new development or new building construction in any
commercial, multiple reside_ ntial (R -2, R -3 and R -4), industrial
!institutional zoning district, and planned development districts,'
!except as otherwise provided by specific planned development
agreements;
DR: Add R -1, R -2 and L8.
Eagan: Landscape Plans are presently required for R -2 and LB. The City has not required
landscape plans for R -1 primarily due to individual taste and maintenance desires.
Subd 16, B, 2
2.
In side or rear yards, fences shall not exceed a maximum height of six feet.
DR: Change to 8' with City Variance.
Eagan: Variance could be sought presently; however, the six foot height is the maximum
height allowed without a Building Permit and an engineered load -test being required.
DR: Allow quality Home Occupation business signs in residential areas.
Eagan: The over- arching intent of the Home Occupation standards is that the home business
is not evident to the general public. The addition of business signage in residential areas
would tend to change the character of those areas.
Added with 03 -01 -12 e-mail:
DR: A kennel license should not be required for more than four dogs unless the person intends
to breed, sell and kennel dogs.
Eagan: The City Code limits the number dogs (and cats) to four (total) per household; more
than that requires a kennel license and proper zoning (non residential). The use of the term
kennel relates to the number of animals and the public health and welfare interest in
Page 6 of 7
regulating the conditions in which more than four animals are kept, not to whether the
keeping of those animals is for personal or commercial purposes.
DR: Pet licensing fees should be based on family income.
Eagan: The cost of a dog license is $20; creating a sliding scale based on family income is a
policy question.
DR: Kennel licensing should be required only for those intending to breed, sell and kennel.
Eagan: As noted above, kennel licensing is intended to allow Animal Control an opportunity
to at least annually review the kennel facility & operation housing more than four dogs,
regardless of the reason for which they are kept.
DR: A new class of license should be created, to allow those that choose to, that allows people
to shelter at -risk pets.
Eagan: Any household can have up to four dogs.
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to]
DDougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 west 147fli street
OUGHERTY MOLENDA Suite 600
W f M M Attorneys I Advisors Apple52)4)433-3I2-3136 55324
'3b Phone
(952)432-3780 Fax
wwwArashb.com
MEMORANDUM
TO: Mike Ridley, City Planner
FROM: Michael G. Dougherty, City Attorney
DATE: September 14, 2012
RE: Public Works Subcommittee
Our File No. 206-04768
Pursuant to your request, I have reviewed the August 6, 2012 nom from the Eagan Public Works
Subcommittee and offer the following comments:
A fundamental tenant set out in statutes granting the city the power to create zoning ordinances is
that the regulations, while allowing for the division of the city into districts or zones, must be
uniform within a district or zone. The regulations in one district may differ from those in other
districts. Each owner or user of a parcel of laid located in a particular zoning district (e.g. R-1)
has the right to be treated the same as any other property owtr or user in the same district and
the city has an obligation to assure uniform treatment. In the R-1, Single-family Residential
District, no property owner can have an advantage in the use of the property in relation to all
other owners of R-1, Singefamily Residential property.
Nevertheless, the legislature has, recogniz d That in certain instances a variance to the zoning
ordinance may be granted when the property owner establishes that there are practical difficulties
in complying with the ordinance. "Practical difficulties" means that the property owner wishes
to the uw the property in a reasonable manner and that the reason the property owner cannot
comply with the zoning ordimnice is idue to circumstances unique to the property and not created
by the property owner in that the variance. If granted, a variance to the regulations must not alter
the character of the zoning district. Economic consideration does not constitute practical
difficulty. A variance may not be used as a substitute for rezoning of the property or to allow a
use that is not allowed under the zoning ordinance for the property.
The implication of the statutory framework is that in order to maintain the uniformity within a
zoning district, variances should only be granted upon a finding by the council that the property
owner has met the requirements of "practical difficulties." The more often that a variance is
requested and granted as it relates to a particular zoning ordinance, the greater the need for the
city to examine whether the ordinance should be amended so as to ensure uniformity within the
zoning district.
08-06-12 Meeting Notes
Public Works Subcommittee
In attendance: Council members Bakken & Fields, Dan Reisdorfer (1415 Dolores Lane), City
Administrator Hedges and City Planner Ridley
Councilmember Bakken began the meeting with a brief summary of how the item was before the PW
Committee, how community standards have been established and the expectations that those very
standards create.
Councilmember Bakken suggested focusing on the items he'd be willing to consider modifying. Mr.
Reisdorfer spoke about all of the changes the recession has brought ab and hove City policy makers
need to view things differently and provide flexibility that will allow r4sidents to adapt to the changes
that have occurred since 2008. Based on the foregoing, he stated he would prefer to go Rough each
item so he could share why he is suggesting the changes.
Councilmember Bakken suggested that it may make sense.to start wo. the items he'd be willing to
consider and then going back to others as time allowed. That was acceptable to Mr. Reisdorfer.
Discussion occurred relative to 'match'versus 'compatible' relative to the color of accessory structures.
The council members determined that there are instaptes where a ma,". is not possible and that should
be considered. The council members suggested staff contact the City Attorney regarding flexibility
under that scenario.
Mr. Reisdorfer touched on a number of additional issues relative to home-based businesses, confirming
that property complaints were indeed filed by neighbors, storage space, accessory dwelling units,
produce production, temporary structgres to houseboats and/or automobiles, experiences some of his
neighbors have had with City ordinances and the general support for his ideas that he has received from
citizens throughout Eagan.
Council members Bakken artd Fields both commented that they had no desire to 'open' the entire City
Code but, rather, would prefer that the Variance procedure be the vehicle to have individual deviation
requests reviewed by the City Council and neighbors.
Time was running short, Cbuncilmember Bakken suggested a summary of the meeting be prepared by
staff. Bakken and Fields also suggested staff share the meeting summary with the City Attorney and
share feedback, if any, from that source.