§ 522.13. Building setback and height.

Subdivision 1. Standards. The standards set out in this subsection apply in the MR-1 District.

Subd. 2. Building setback and maximum height (all measurements in feet).

Use	Front	Rear	Interior Side	Street Side	Maximum Height (as defined in 507.07, Subd. 53)
Single-family building (but see Subd. 3 and 5)	30	25	10	15	25
Two-family building (but see Subd. 3 and 5)	30	25	10	15	25
Cluster home developments in R-SFH guided area (but see Subd. 3 and 5)	50 ft. from centerline of originally platted street	25	10	15	25 (but see Subd. 7)
Cluster home developments in non-R-SFH guided area (but see Subd. 3 and 5)	30	25	10	15	25 (but see Subd. 7)
Accessory; garage (but see Subd. 3 - 6)	30	3 (5 if utility easement)	10	15	14
Accessory; nongarage less than 120 square feet (but see Subd. 5)	30	0 (5 if utility easement)	10	15	12
Accessory nongarage structure (but see Subd. 4 and 5)	30	3 (5 if utility easement)	10	15	14
Nonresidential building (but see Subd. 5)	40	30	30	30	42
Accessory building to nonresidential use (but see Subd. 5)	40	10	10	30	15 2,3

 

Setbacks for cluster home developments shall apply to the perimeter of the development. Setbacks between attached and detached units within a cluster home development must comply with applicable building and fire codes. (Added, Bill No. 1996-22)
For garages, height is measured on the side of the building with the vehicle door. The storage height above the parking area in a detached garage cannot exceed six (6) feet in height.
For nongarage accessory structures, height is measured from the ground level to the highest point of the roof.

(Amended, Bill No. 2011-13)

Subd. 3. Setback reductions for principal buildings. The following setback reductions apply in the MR-1 District:

a)

On a corner lot, the street side setback requirement shall be the lesser of 15 feet or the established street side setback of the existing principal building on the same lot for single-family, two-family and cluster home development structures; (Amended, Bill No. 1996-22)

b)

The front setback requirement for a new single-family dwelling, two-family dwelling or cluster home on a lot may be reduced to not less than the average existing front setback of the dwelling(s) which front on the same street and abut such lot, to a minimum setback of 20 feet; (Added, Bill No. 1996-22)

c)

With respect to single-family homes existing on or before June 1, 1995, the interior side setback requirement may be reduced to not less than three (3) feet for the purpose of constructing an attached garage or a two-car garage to replace a single-car garage, provided the following conditions are met:

(i)

A letter of consent signed by the owner of the property that abuts the interior lot line shall be submitted to the city;

(ii)

The garage shall be located a distance of not less than eight (8) feet from any building on an abutting lot;

(iii)

The width of the garage shall not exceed 20 feet, and the length shall not exceed 26 feet;

(iv)

The garage wall most parallel and adjacent to the interior lot line shall have no more than a one-foot roof overhang (eave projection);

(v)

The garage wall most parallel and adjacent to the interior lot line shall be constructed with no openings, and with materials which provide a one-hour fire rating; and

(vi)

A drainage plan shall be approved by the Engineering Department prior to issuance of building permits.

d)

Windows and window units may project a maximum of 24 inches into a required front yard, street side yard, or rear yard, provided the floor area of the dwelling is not increased by more than ten (10) square feet, however, in no case shall they be closer than eight (8) feet from any lot line; and

e)

Those items classified as "not encroachments" in Section 511.09;

f)

The setback requirements for cluster home developments may be reduced to 25 feet in the front and 12 feet in the rear if the following criteria are met:

(i)

The applicant can demonstrate that a superior design is achieved through the reduced setback. Evidence of a superior design may include but is not limited to the preservation of a natural feature, creation of an amenity, creation of public open space, or incorporation of special features to meet the needs of the target population;

(ii)

The reduced setback does not adversely affect the surrounding neighborhood in terms of a decrease in privacy, noise, overcrowding, or other similar impacts; and

(iii)

The impact of the reduced setback is minimized through the presence of features such as landscaping or other means of buffering, a limited number of building openings in the portion of the structure that infringes upon the setback, building orientation, minimized garage door dominance or other similar features. (Added, Bill No. 1996-22)

g)

In required residential front yards, covered porches attached to the principal building that extend no more than ten feet, provided that the porch is no closer than 20 feet from the front lot line and that the design of the porch is approved by the Community Development Director. The Community Development Director must make the following findings to approve a porch encroachment up to ten feet:

(i)

The exterior materials of the proposed porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling;

(ii)

The roof of the proposed porch is properly proportioned to and integrated with the roof of the dwelling and has no less than a 3:12 slope;

(iii)

The base of the porch is not open and its appearance is consistent with the base of the dwelling;

(iv)

At least 65 percent of the exposed porch facade is open or occupied by windows, screens, and/or doors of transparent material; the facade constitutes the area from the floor level of the porch to the porch ceiling; and

(v)

Plans are prepared by a registered architect or reviewed by the a design advisor selected by the Community Development Department;

The Director may attach conditions to the approval of the porch encroachment as needed to make the required findings; and (Added, Bill No. 1998-12)

h)

In required residential street side yards, covered porches attached to the front of a principal building that extend no more than ten (10) feet, provided that the porch is no closer than 20 feet from the street/corner side lot line and that the design of the porch is approved by the Community Development Director. The Director must make the findings required by Section 522.13. The Director may attach conditions to the approval of the porch encroachment as needed to make the required findings. (Added, Bill No. 1998-12)

Subd. 4. Setback reductions for residential accessory buildings. The following setback reductions apply in the MR-1 district:

a)

The interior side setback requirement for accessory buildings located entirely five (5) or more feet beyond the rear building line of the principal building may be reduced to three (3) feet.

b)

On lots which provide alley access to the rear and there is no utility easement, a detached garage may be located no less than two (2) feet from the rear lot line, provided that the setback requirement of Section 522.13, Subd. 6, of this Code and all building codes are met.

Subd. 5. Additional setback requirement: all structures located on a corner lot that abuts a key lot. On a corner lot which abuts a key lot, the street side setback requirement of such corner lot shall be equal to the front setback of any existing principal building on the key lot or 30 feet, whichever is less, however, in no case shall such street side setback requirement be less than 15 feet.

Subd. 6. Additional setback requirement: vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet, except under the following conditions:

a)

If a vehicle access door faces a street side lot line which abuts a nonarterial or noncollector street, such street side setback requirement shall be not less than 15 feet; or

b)

If a vehicle access door faces a rear lot line which abuts an alley, such rear setback requirement shall be not less than 15 feet; or

c)

If a vehicle access door faces an interior side lot line on a lot that is less than 45 feet in width, such interior side setback requirement shall be not less than 15 feet.

Subd. 7. Additional height for nonresidential buildings. The following height exceptions apply to nonresidential buildings in the R District:

a)

The maximum building height may be increased to no more than 75 feet, provided that the required setbacks shall be increased by one foot for each foot of building height in excess of 42 feet; and

b)

Notwithstanding paragraph a) above, the maximum height for towers, spires, or water tanks may be increased to no more than 150 feet provided that such structure does not exceed 15 percent lot coverage or 1,600 square feet in gross area at the base, whichever is less.

Subd. 8. Maximum height increase for cluster housing developments. The maximum height for primary buildings in a cluster housing developments may be increased one (1) foot for every foot the primary building is located from the 25 foot rear set-back, up to a maximum of 35 feet, if the increased height is in harmony with the surrounding neighborhood and if the increased height does not adversely affect the surrounding neighborhood in terms of a decrease in privacy, noise, overcrowding, or other similar impacts. (Added, Bill No. 1996-22; Amended, Bill No. 2002-11)