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HomeMy WebLinkAbout2015-09-22 CC Meeting Packet ENCLOSURE 5 Oak Park Heights Request for Council Action Meeting Date September 21/1 2015 Time Required: 10 Minutes Agenda Item Title: Consider Amendments to City Fence Ordinances Agenda Placement New Business Originating Department/Reque';.r • %c..'• i Ci A. .e.u•i stator Requester's Signature Action Requested Discussio. ' .ssible action Background/Justification(P1:: - indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from Scott Richards,City Planner 1. Memo dated 9-16-15 2. Planning Commission Recommending Resolution. 3. Proposed Ordinance Amendment for Council Consideration. 31 of 53 9/22/15 City Council Packet TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 783.231.5840 Facsimile: 763.427.0520 TPC@ PlanningCo.oom MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: September 16, 2015 RE: Oak Park Heights— Fence Revisions—City Council TPC FILE: 236.01 —15.01 BACKGROUND Through the course of this summer, the City has dealt with a number of fence permits and Julie Hultman, the Building Official, has found that the current regulations provide practical difficulties in the interpretation as written. City Staff has reviewed the issues and would suggest that the Zoning Ordinance be amended. First, the definition of fence height Includes specifications that should be Included in the fence provisions, and not the definition. Secondly, the a pp lication requirements need to be clarified relatin g to how the lot line is established between properties. Thirdly, the specific fence standards need to be clarified and updated. The problem that has been recognized is that the standard fence picket or panel from the building supply store or the manufactured vinyl panels are set exactly at three, six, eight or ten feet. The fence regulations specify a height from ground level to the top of the fence at not more than three, six, eight or ten feet. Fences are often constructed such that the panel or pickets are two or more inches off the ground and the fence posts, sometimes with a decorative cap will also exceed the allowable height of four inches above the panel. The Planning Commission considered these amendments at a public hearing on September 10, 2015. They suggested some minor revisions from the Staff draft and recommended the language as found in the Planning Commission Resolution and the City Council Ordinance as attached. The language as recommended by the Planning Commission Is found as follows: 32 of 53 9/22/15 City Council Packet ANALYSIS Section 401.02.B Definitions The current definition of fence height is as follows: 3. Fence, Height: The distance from the adjacent finished grade to the highest projection of a fence structure, not including support posts, provided that the support posts am no more than four(4) inches above the fence structure. Staff suggests that the definition be revised so that the height requirement for support posts is moved to the fence provisions in 401.15.E. The new definition would read as follows: 3. Fence, Height The distance from the adjacent finished grade to the highest projection of a fence structure or support post. Section 401.15.E.2 Fencina. Screen and Landscaping The application requirements section currently reads as follows: 2. Application Requirements. Each application for a permit under this section shall be submitted to the Zoning Administrator on forms provided by the City. Each such application shall include a site plan drawn to scale showing the location of house(s), garage(s), and other improvements on the lot and the location of the fencing to be erected, altered or relocated. A certificate of survey shall be required for all fences (including hedges and plantings) to be constructed up to or on the property line, unless property stakes on the affected property lines are first located and marked by a licensed and registered Minnesota surveyor and such surveyor shall provide a letter to the City citing that they have located such property stakes. If the survey or property stakes cannot be provided or established, an agreement shall be reached between property owners as to the accepted property line. The requirement to have the property lines marked by a surveyor for all fences constructed up to or on the property line is expensive for the homeowner. It can be a minimum of$500.00 to have a surveyor visit the property. If the homeowner knows the locations of the pins, the surveyor visit would be unnecessary If the adjacent property owner agrees to the property line. The last two sentences of this section could be revised as follows: 2. Application Requirements. Each application for a permit under this section shall be submitted to the Zoning Administrator on forms provided by the City. Each such application shall include a site plan drawn to scale showing the location of house(s), garage(s), and other improvements on the lot and the location of the fencing to be erected, altered or relocated. A certificate of survey shall be required for all 2 33 of 53 9/22/15 City Council Packet fences (including hedges and plantings) to be constructed up to or on the property line, unless: a. Property stakes on the affected property lines are first located and marked by a licensed and registered Minnesota surveyor. b. Or, an agreement is reached between the property owners as to the accepted property line. Section 401.15.E.4 Fencing. Screen and Landscaping The current regulations limit the height of most fences to three feet, six feet, eight feet or ten feet in height. A standard fence picket or panel from the building supply store or the manufactured vinyl panels are exactly three, six, eight, or ten feet. Fences are often constructed such that the panel or pickets are two or more inches off the ground and the fence posts, sometimes with a decorative cap will also exceed the allowable height of an additional four inches above the panel. Changes in grade can also affect the height of a fixed fence panel. It is suggested that the following changes be made to the fence standards to address this issue: 4. Specific Fence Standards. The height of the fence shall be the distance from the adjacent finished grade to the highest projection of a fence structure or support post and shall be restricted according to the location as follows: a. Fences or walls located on or adjacent to any property line bordering a public road or street shall not exceed six (6) feet, eight (8) inches in height. However, in no case shall any shrub, hedge or fence bordering upon any street or sidewalk be constructed or allowed to grow to a height which could obstruct safe driving visibility at intersections. b. Fences or walls on or adjacent to the shore line of any navigable lake, channel or stream shall not exceed three (3) feet, eight (8) inches in height Fences or walls on or along that portion of a lot line from a navigable lake, channel or stream to the rear side of the average building construction line shall not exceed three(3) feet, eight(8)Inches in height. c. Fences or walls on or within ten (10) feet or less from a common property line between two adjoining lots or parcels not owned by the same person, firm or corporation shall not exceed six (6) feet, eight(8) inches in height. The property owner shall provide written notification to adjoining property owners concurrent with the application for a building permit for a fence installation which is less than five (5) feet from a property line. Fences or walls shall be permitted except as prohibited in sub-paragraphs b. and d. hereof. 3 34 of 53 9/22/15 City Council Packet II II d. Fences or patio walls not exceeding eight (8) feet, eight (8) inches in height may be constructed without restriction on the interior of any lot or parcel, providing no such fence or wall shall be closer than ten (10) feet to any common property line between adjoining lots not owned by the same person, firm or corporation (except as permitted under sub-paragraph c. hereof), and provided further in the case of lakeshore lots, no such fence or wall shall be located so as to block or otherwise adversely interfere with an adjoining properly owner's lake view. e. Open wire fences not exceeding ten (10) feet, eight(8)inches in height enclosing tennis courts, pools, and similar uses, shall be permitted without restriction. CONCLUSION The City Council should review the draft changes that have been made to the fence regulations and consider the Ordinance language recommended by the Planning Commission. City Staff has researched the fence regulations from Maplewood, Stillwater, Lake Elmo, Bayport, Oakdale, and Woodbury. Please find excerpts from each of the ordinances. 4 35 of 53 9/22/15 City Council Packet A RECOMMENDING RESOLUTION OF THE PLANNING COMIVIISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO SECTION 401.02.B DEFINITIONS AND SECTION 401.15.E,FENCING, SCREENING AND LANDSCAPING TO CLARIFY AND AMEND LANGUAGE AS TO SPECIFIC FENCE STANDARDS WHEREAS,City Staff requested that the Planning Commission consider an Ordinance amendment to allow changes to Section 401.02.13 Definitions and Section 401.15,E,the Fencing,Screening and Landscaping of the Zoning Ordinance to clarify and amend language as to specific fence standards,the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The definition of fence height includes specifications that should be included in the fence provisions,and not the definition;and 2. The application requirements need to be clarified relating to how the lot line is established between properties;and 3. The specific fence standards need to be clarified and updated. The problem that has been recognized is that the standard fence picket or panel from the building supply store or the manufactured vinyl panels are set exactly at three, six,eight or ten feet. The fence regulations specify a height from ground level to the top of the fence at not more than three, six,eight or ten feet. Fences are often constructed such that the panel or pickets are two or more inches off the ground and the fence posts, sometimes with a decorative cap will also exceed the allowable height of four inches above the panel;and 3. City Staff prepared draft Zoning Ordinance amendments which were reviewed and revised by the Planning Commission;and 4. The Planning Commission held a public hearing at their September 10, 2015 meeting,took comments from the public and recommended amendments to the Zoning Ordinance as found as follows; and 5. Section 401.02.B Definitions, is recommended to be amended to read as follows: 36 of 53 9/22/15 City Council Packet II 3.Fence,Height: The distance from the adjacent finished grade to the highest projection of a fence structure or support post. 6. Section 401.15.E.2 Fencing Screening and Landscaping is recommended to be amended to read as follows: 2. Application Requirements. Each application for a permit under this section shall be submitted to the Zoning Administrator on forms provided by the City. Each such application shall include a site plan drawn to scale showing the location of house(s),garage(s),and other improvements on the lot and the location of the fencing to be erected,altered or relocated. A certificate of survey shall be required for all fences(including hedges and plantings)to be constructed up to or on the property line,unless: a. Property stakes on the affected property lines are first located and marked by a licensed and registered Minnesota surveyor. b. Or,an agreement is reached between the property owners as to the accepted property line. 7. Section 401.15.E.4 Fencing Screening and Landscaping is recommended to be amended to read as follows: 4. Specific Fence Standards. The height of the fence shall be the distance from the adjacent finished grade to the highest projection of a fence structure or support post and shall be restricted according to the location as follows: a. Fences or walls located on or adjacent to any property line bordering a public road or street shall not exceed sin(6)feet,eight(8)inches in height. However,in no case shall any shrub,hedge or fence bordering upon any street or sidewalk be constructed or allowed to grow to a height which could obstruct safe driving visibility at intersections. b. Fences or walls on or adjacent to the shore line of any navigable lake, channel or stream shall not exceed three(3)feet,eight(8)inches in height. Fences or walls on or along that portion of a lot line from a navigable lake,channel or stream to the rear side of the average building construction line shall not exceed three(3)feet,eight(8) inches in height. c. Fences or walls on or within ten(10)feet or less from a common property line between two adjoining lots or parcels not owned by the same person,firm or corporation shall not exceed six(6)feet,eight(8) inches in height.The property owner shall provide written notification to adjoining property owners concurrent with the 2 37 of 53 9/22/15 City Council Packet application for a building permit for a fence installation which is less than five(5)feet from a property line.Fences or walls shall be permitted except as prohibited in sub-paragraphs b.and d.hereof. d. Fences or patio walls not exceeding eight(8)feet,eight(8)inches in height may be constructed without restriction on the interior of any lot or parcel,providing no such fence or wall shall be closer than ten (10)feet to any common property line between adjoining lots not owned by the same person,firm or corporation(except as permitted under sub-paragraph c.hereof),and provided further in the case of lakeshore lots,no such fence or wall shall be located so as to block or otherwise adversely interfere with an adjoining property owner's lake view. e. Open wire fences not exceeding ten(10)feet,eight(8)inches in height enclosing tennis courts,pools,and similar uses,shall be permitted without restriction. NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The Zoning Ordinance is amended to clarify and revise Section 401.02.B Definitions,and Section 401.15.E.2 Fencing Screening and Landscaping of the Zoning Ordinance as indicated above;and B. Copies of the recommended Zoning Ordinance amendment are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this 10th day of September,2015. Jim Kremer, Chair ATTEST: Eric A.Johnson,City Administrator 3 38 of 53 9/22/15 City Council Packet CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2015- AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO CLARIFY AND AMEND LANGUAGE AS TO SPECIFIC FENCE STANDARDS IN SECTION 401.02.B DEFINITIONS AND 401.15.E, FENCING, SCREENING AND LANDSCAPING THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.B Definitions, is amended to read as follows: 3. Fence, Height: The distance from the adjacent finished grade to the highest projection of a fence structure or support post. SECTION 2. Section 401.15.E.2 Fencing Screening and Landscaping is amended to read as follows: 2. Application Requirements. Each application for a permit under this section shall be submitted to the Zoning Administrator on forms provided by the City. Each such application shall include a site plan drawn to scale showing the location of house(s), garage(s), and other improvements on the lot and the location of the fencing to be erected, altered or relocated. A certificate of survey shall be required for all fences (including hedges and plantings)to be constructed up to or on the property line, unless: a. Property stakes on the affected property lines are first located and marked by a licensed and registered Minnesota surveyor. b. Or, an agreement is reached between the property owners as to the accepted property line. SECTION 3. Section 401.15.E.4 Fencing Screening and Landscaping is amended to read as follows: 4. Specific Fence Standards. The height of the fence shall be the distance from the adjacent finished grade to the highest projection of a fence structure or support post and shall be restricted according to the location as follows: a. Fences or walls located on or adjacent to any property line bordering a public road or street shall not exceed six(6)feet, eight (8) inches in height. However, in no case shall any shrub, hedge or 39 of 53 9/22/15 City Council Packet fence bordering upon any street or sidewalk be constructed or allowed to grow to a height which could obstruct safe driving visibility at intersections. b. Fences or walls on or adjacent to the shore line of any navigable lake, channel or stream shall not exceed three (3)feet, eight(8) inches in height. Fences or walls on or along that portion of a lot line from a navigable lake, channel or stream to the rear side of the average building construction line shall not exceed three (3)feet, eight (8) inches in height. c. Fences or walls on or within ten (10)feet or less from a common property line between two adjoining lots or parcels not owned by the same person, firm or corporation shall not exceed six(6)feet, eight(8) inches in height. The property owner shall provide written notification to adjoining property owners concurrent with the application for a building permit for a fence installation which is less than five(5) feet from a property line. Fences or walls shall be permitted except as prohibited in sub-paragraphs b. and d. hereof. d. Fences or patio walls not exceeding eight(8)feet, eight(8) inches in height may be constructed without restriction on the interior of any lot or parcel, providing no such fence or wall shall be closer than ten (10)feet to any common property line between adjoining lots not owned by the same person, firm or corporation (except as permitted under sub-paragraph c. hereof), and provided further in the case of lakeshore lots, no such fence or wall shall be located so as to block or otherwise adversely interfere with an adjoining property owner's lake view. e. Open wire fences not exceeding ten (10)feet, eight(8) inches in height enclosing tennis courts, pools, and similar uses, shall be permitted without restriction. SECTION 4. The Planning Commission of the City of Oak Park Heights held a public hearing at their September 10, 2015 meeting, took comments from the public, and recommended that the City Council approve the amendments as provided in this Ordinance. SECTION 5. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 22th day of September, 2015 by the City Council of the City of Oak Park Heights. 40 of 53 9/22/15 City Council Packet CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 41 of 53 9/22/15 City Council Packet Ii rfta THIS PAGE LEFT INTENTIONALLY BANK. 42 of 53 9/22/15 City Council Packet