HomeMy WebLinkAbout2015-09-10 ZOA- Fencing, Screening & Landscaping A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
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.B 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:
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 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
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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 . ity of Oak 'ark Heights this 10th
day of September, 2015.
Jim `r-if et,' air--
ATTE r'
i
ric . Johnson, City Administrator
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