September 21, 2023 at 1:18 p.m.
CITY OF TAYLORS FALLS: RESOLUTION 2023-09-02
(September 21, 2023)
CITY OF TAYLORS FALLS, COUNTY OF CHISAGO, STATE OF MINNESOTA
RESOLUTION ORDAINING AN AMENDMENT TO CITY OF TAYLORS FALLS CODE OF ORDINANCES EXEMPTING CERTAIN ACCESSORY STRUCTURES FROM THE QUANTITY OF ACCESSORY STRUCTURES ALLOWED ON A PROPERTY AS DESCRIBED IN SECTION 2000.012 ACCESSORY STRUCTURES, SUBD. 1(H)
WHEREAS, Taylors Falls is a statutory city operating under and governed by the provisions of Minn. Stat. Chapter 412.
WHEREAS, Minn. Stat. § 462, authorizes a city to adopt zoning and regulate land uses for the health, safety, and welfare of the public.
WHEREAS, the Taylors Falls City Council and City Staff seek to clarify they intent of regulating accessory structures within the general charge of health, safety, and welfare through property aesthetics.
WHEREAS, exempting small accessory buildings such as chicken coops, dog houses, and child playsets is in the public interest and should be part of the intent of the ordinance.
WHEREAS, the Taylors Falls City Council uses the following findings of fact to support the ordinance amendment exempting certain small accessory structures from counting towards limits on the quantity of accessory structures on one property:
1. The amendment will not create an excessive demand on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area.
2. The existence of a limited number of small accessory buildings on any property should not depreciate the value of existing development, nor deter the development of vacant land. The amendment is regarding accessory buildings, which shall be incidental to the primary use of the property, and the quantity of accessory buildings is still limited.
3. The amendment meets the overall needs of the City, and affects many properties within the City. Small accessory buildings, such as chicken coops, dog houses, play houses, and small storage sheds are very reasonable incidental uses of a property. Many properties within the City of Taylors Falls have one or more of the listed small accessory buildings as, at least, the third accessory building on the lot, which is currently a violation. Staff feels that it would be unreasonable to have property owners remove all of these small accessory buildings to comply with the existing Zoning Ordinance, as they are, in the opinion of zoning staff, a reasonable incidental use of the property.
4. The amendment is consistent with the intent and purpose of the zoning ordinance as Section 1000.001 INTENT AND PURPOSE Subd. 1(E) states “to regulate the location, construction, reconstruction, alteration, and use of structures and land within the City.”
5. The number of small accessory buildings on a property will not add traffic hazard or congestion.
6. The proposed amendment is consistent with the goals and objectives of the Taylors Falls Comprehensive Plan. The Comprehensive plan values aesthetics of properties. Regulating the number and size of accessory buildings allows residents to have reasonable use of their properties, while still limiting the number of buildings on properties for aesthetic purposes.
7. The proposed amendment is not anticipated to have a significant adverse impact to the natural environment more so than the any other accessory building.
NOW, THEREFORE, THE TAYLORS FALLS CITY COUNCIL HEREBY ORDAINS THAT THE FOLLOWING SECTIONS OF THE TAYLORS FALLS CITY CODE SHALL BE AMENDED AS FOLLOWS:
ION 2000.012 Subd.1(H)
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3. Exemptions. The following accessory buildings shall be exempt from the number standards of this section of the ordinance.
a. One chicken coop or tractor under 50square feet, where the chicken run does not count toward the overall area of the accessory building. (Chicken coops are permitted in Small Town and Residential Transitional zoning districts only.
b. Two dog houses which are accessory to residential use, each under 30sqft. Kennels must follow kennel regulations within this ordinance and the City Code.
c. Child playhouse buildings under 64 sq ft.
ADOPTED THIS 15th DAY OF September, 2023