CITY OF SPOKANE VALLEY Request for Council Action

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1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 15, 2013 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Shops/Storage Sheds in Residential Areas GOVERNING LEGISLATION: Spokane Valley Municipal Code PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City has seen an increasing trend in building permit applications for oversized shops on individual lots in residential neighborhoods, with the intent to use the shop principally as a storage structure. The Spokane Valley Municipal Code (SVMC) does not allow storage structures/shops as a primary use on individual parcels in residential zones; therefore, in some instances, very small dwelling units are constructed within the shop in order to establish a primary permitted use. The concern is that these shops with small dwelling units can be out of character with the residential neighborhood, detracting from neighboring properties. The Community Development Department has received complaints about these structures, prompting this issue to be raised. Setbacks for accessory structures are another concern. The SVMC allows accessory buildings to be located 5 feet from the side and rear property line. A 35 foot tall shop located 5 feet from a property line can overwhelm the adjacent property. This is similar to the multi-family setback issue recently addressed by City Council. Planning staff discussed these issues with the Planning Commission at their meeting on December 13, The Commission agreed that a text amendment would be appropriate in order to mitigate potential impacts in the future. OPTIONS: Proceed with amendments to the SVMC; or do nothing. RECOMMENDED ACTION OR MOTION: Proceed with code amendments. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Scott Kuhta, AICP, Planning Manager, John Hohman, PE, CD Director ATTACHMENTS: Memo and Presentation

2 Community Development E Sprague Ave Suite 106 Spokane Valley WA Fax: permitcenter@spokanevalley.org To: From: Mike Jackson, City Manager John Hohman, PE, CD Director; Scott Kuhta, AICP, Planning Manager Date: January 8, 2013 Re: Residential Accessory Uses and Structures Planning staff has noticed an increased trend in building permit applications for oversized shops with a small dwelling located internal to the structure. Due to the larger area dedicated to the shop, rather than the residence, the primary use is emphasized as the shop. As these structures are being constructed it is apparent that they are not all compatible with typical residential character. This is evident when the design of the building emphasizes the shop function with overhead doors, lack of main doors and living space windows, as well as the overall bulk of the building. In order to address the incompatibilities, staff has made the interpretation that the primary use allowed, which is the dwelling, must consume the largest area within the structure in order to be consistent with the intent of the City of Spokane Valley Municipal Code (SVMC) and protect the character of the neighborhood. The discussion below identifies the factors that were considered in this interpretation. At this time staff would like to discuss this matter with the Planning Commission and determine if the Commission agrees with the interpretation. If so, a code text amendment may be proposed to clarify this position in the SVMC. The following discussion will highlight the issues to assist with determining if a code text change should be processed. The SVMC does not contain a definition that specifically relates to this type of structure. At this time staff has been extrapolating from the SVMC definitions of Accessory 1, Dwelling Unit 2, Principal Structure 3, and Principal Use 4. Over the years two interpretations have been applied to this land use. The first interpretation required that the living portion of the structure utilize not less than 51% of the structure area in order to be considered the principal use, rather than subordinate to, that of the main building. The second interpretation allowed the shop portion of the structure without relational limits 1 Accessory: A building, area, part of a building, structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. 2 Dwelling Unit: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with an individual entrance, cooking, sleeping and sanitary facilities for the exclusive use of one family maintaining a household. 3 Principal structure: The principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. 4 Principal use: The predominant use to which the lot or property is or may be devoted and to which all other uses are accessory. Page 1

3 to the dwelling, but instead required that the portion dedicated to a dwelling must meet the definition of Dwelling Unit, with cooking, sleeping and sanitary facilities, and provide a minimum of 300 square feet to meet the IBC requirement. Utilizing the second interpretation, these predominantly shop structures have been built that are inconsistent with the character of a typical single family residential neighborhood in that the structure takes on the appearance of a garage, utilizing the maximum lot coverage and height limits allowed in the residential zone. See Figure 1. The first interpretation considers the current definitions of Accessory and Principal Use and assumes that they provide the regulatory means to require that the dwelling portion be at least equal to or greater than 51% of the area of the structure in order to preserve the character of existing development consistent with the intent of the residential zones 5. Accessory structures are not allowed unless a primary use exists on the site. The Accessory definition emphasizes that accessory is subordinate to and incidental to the main building, structure or use. The Principal Use definition stipulates that this use must be predominant and all other uses are accessory. The definition of subordinate is to place in a subordinate position; treat as less important or inferior (to); 6 the definition of incidental is secondary or minor, but usually associated ; 7 and last the definition of predominant is having superior strength, influence, or authority. Applying the intent to the issue, which is how much of the structure must be dedicated to a residential use, supports the conclusion that the residence must be the primary use, and that the shop must be a secondary use that is minor in comparison relative to size. A code text amendment could clarify what ratio applies. Figure 1 Shop Under Construction Adjacent jurisdictions were contacted to determine how these structures were regulated. The City of Spokane relies on the definition of Primary Structure, where the primary use of the site must be located in the Primary Structure. The difference in primary and accessory structure is determined by comparing the size, placement, similarity of design, use of common building materials, and the orientation of the structures on the site. Therefore, a structure that clearly looks like a shop/storage structure would not be permitted as the Primary Structure. The City of Liberty Lake does not regulate the size of the shop in comparison to the dwelling, but has design standards in place which insure that the structure is compatible with the residential character of the neighborhood. Standards regulate the garage design, size, and ratio to residence. Further regulations prohibit garage dominated houses in new developments. Spokane County allows shops with dwelling units without restriction; however, if a house was constructed at a later time, the County s regulations would require a Conditional Use Permit (CUP) to be approved by the Hearing Examiner. This is because detached accessory dwelling units are allowed only with a CUP. Once the house is built, the dwelling unit in the shop becomes an accessory dwelling unit. 5 SVMC , The language preserve the character of existing development is stated in each of the single family residential district zone as the intent. 6 Source: Webster s New Collegiate Dictionary 7 Source: Webster s New Collegiate Dictionary Page 2

4 If a code text amendment is considered to clarify the ratio of residence to shop as discussed above, than other indirect issues should be considered related to accessory structures that include height limits and setbacks. A code text amendment would be required if changes were determined necessary. The current code does not regulate the height of accessory structures differently than the height of primary structures in single family residential zones. For example a home and accessory building can be built to a height of 35. Generally this height will accommodate a two- story structure with an extremely high pitched roof. Additionally, accessory structures may be placed within 5 of the rear and side yard setback, while primary structures must be a minimum of 20 from the rear yard in order to provide for privacy, light, and circulation in adjacent back yards. Liberty Lake limits the height of accessory structures such that they may not exceed the height of the primary structure. Spokane County limits the height to 24 and the City of Spokane s maximum height limit is 20. However, if the accessory structure contains an Accessory Dwelling Unit above an accessory structure, it may be built to a height of 23. Height limits and size parameters are intended to maintain the scale of the residence to the accessory uses. In urbanized areas the neighborhood character emphases the residence, as opposed to rural areas where utilitarian structures larger than the home are common, such as barns, or shops for equipment storage. Setbacks are also of concern. Recently the issue has been brought to the attention of Council through two Comprehensive Plan Amendment requests that involved rezoning properties to allow Multi-family development adjacent to single-family development. The issue made apparent was the incompatibility of a three-story structure within 10 of the rear yard of a single family dwelling. Currently the SVMC allows detached accessory structures to be placed within 5 of the rear and side yard. An accessory structure built to a 35 height limit within 5 of the rear property line, creates the incompatibility issues affecting privacy, light and circulation. One solution is to establish height limits specific to accessory Figure 2 - Large Accessory Shop within 5 of Side and Rear Property Line structures that prevent a structure from overlooking into another s back yard, or requiring taller structures to meet the same rear yard setbacks as that of the primary structure. Staff will discuss the interpretation applied to residential shops with an accessory dwelling to determine if the Council would like to proceed with a code text amendment and determine if setbacks and height limits for accessory structures should be included in the proposal. Page 3

5 1 City Council Discussion Residential Accessory Uses and Structures January 15, 2013

6 What is the Issue? 2 Issue CONCERN Increasing trend to build oversized shop with a small dwelling located within the structure Primary use as a shop is inconsistent with residential zone intent Allows a property owner to build a shop without a primary residential use Inconsistent with neighborhood character - shop vs. residential use is emphasized

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8 4 Finished Model

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10 What is the Issue? 6 Issue Primary use as a shop is inconsistent with residential zone intent;

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13 What is the Issue? 9 Issue Inconsistent with neighborhood character - shop vs. residential use is emphasized;

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17 Back ground Information 13 Staff Interpretation The primary use allowed, which is the dwelling, must consume the largest area (51% or more) within the structure in order to be consistent with the intent of the Municipal Code and protect the character of the neighborhood. Definitions Considered Accessory Dwelling Unit Principal Structure Principal Use

18 14 Definitions Accessory A building, area, part of a building, structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. Typical Examples Detached Garage /Shops > 10% of the lot size Swimming Pool Sheds ADU

19 15 Definitions Dwelling Unit One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with an individual entrance, cooking, sleeping and sanitary facilities for the exclusive use of one family maintaining a household Typical Examples IBC requires => 300 SF

20 16 Definitions Principal Structure The principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Accessory Structure Typical Examples Principal Structure

21 17 Definitions Principal Use Shop with residential quarters The predominant use to which the lot or property is, or may be devoted, and to which all other uses are accessory. Principal???? Accessory????

22 18 Other Issues - Detached Accessory Structures Current Regulations Setback Rear = 5 Side = 5 Primary Structure Rear = Side = 5 Height limit = 35 (same as primary structure Note: Size is limited to 10% of total lot area

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