HomeMy WebLinkAbout2018-01-31 TPC Memorandum TPC3601 Thurston Avenue N,Suite 100 ENCLOSURE 2
Anoka,MN 55303
Phone:783.231.5840
Facsimile:763.427.0520
TPC@PlanningCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: January 31,2018
RE: Oak Park Heights — Fence Height Amendments — Planning
Commission
TPC FILE: 236.01 —18.01
BACKGROUND
The Planning Commission, its December 14, 2017 meeting, discussed the issues with
fence height and the starting point from which the height is measured. It was pointed out
that not all sites are perfectly level and the Zoning Ordinance should be clarified as to
where fence height is measured from. The Planning Commission discussed the wording
of an easy to understand and interpret fence height definition. The result follows in this
memo. It is nearly identical to the previous definition, although the order has been
changed.
In 2015,the fence regulations were amended to allow a maximum height of seven feet
to accommodate the posts and finials above a standard six-foot fence panel. The issue
of the starting point from which fences are measured from was not addressed at that time.
The current definition of fence height is as follows.
Existing Language:
401.02.B. Definitions.
3. Fence, Height: The distance from the adjacent finished grade to the
highest projection of a fence structure or support post.
Additionally,Section 401.15.E Fencing,Screening and Landscaping reads as follows:
401.15.E. Fencing,Screening and Landscaping.
4. Specific Fence Standards. The height of 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 seven (7) feet 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.
ANALYSIS
The language proposed by the Planning Commission would clarify the intent of the
ordinance and provide for easier interpretation by Staff and the public. See below:
Proposed Language:
401.02.B. Definitions.
3. Fence, Height: The height of a fence is measured from the highest projection of
a fence structure or support post to the adjacent finished grade.
The Planning Commission thought that a diagram in the definitions would help with the
interpretation. Here is a diagram that could be added:
Highest projection of a fence structure or support post
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'\dacent finished grade
If the definition changes, this section will also need to be amended:
401.15.E. Fencing, Screening and Landscaping
4. Specific Fence Standards. The height of fence is measured from the highest
projection of a fence structure or support post to the adjacent finished grade and
shall be restricted according to the location as follows:
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a. Fences or walls located on or adjacent to any property line bordering a
public road or street shall not exceed seven(7)feet 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.
EXHIBITS
Please find as follows an Exhibit for your consideration on this matter:
Exhibit 1: Section 401.02.B.Definitions and Section 401.15.E.Fencing and Screening
and Landscaping—Existing/Revised Language.
CONCLUSION/RECOMMENDATION
The Planning Commission should review the proposed language and determine if this is
the course of action to address the fence height issue. A public hearing has been
scheduled for the February meeting.
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OAK PARK HEIGHTS ZONING ORDINANCE
401 .02.B. Definitions.
Existing Language:
3. Fence, Height: The distance from the adjacent finished grade to the
highest projection of a fence structure or support post.
Proposed Language and Diagram:
Fence, Height: The height of a fence is measured from the highest projection of
a fence structure or support post to the adjacent finished grade.
Highest projection of a fence structure or support post
,.•• ........
djacent finished grade
401 .15.E. Fencing, Screening and Landscaping.
1 . Building Permit. No person shall hereafter construct or cause to be constructed
or erected within the City of Oak Park Heights, any fence without first making an
application for and securing a building permit.
23' 352 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.
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b. Or, an agreement is reached between the property owners as to the
accepted or property line.
3. General Provisions. All fences within the City shall be subject to the following
general provisions:
a. No fences shall be placed on or extend into the public rights-of-way.
b. All fences shall be located entirely upon the property of the person
constructing or causing the construction of such fence.
c. That side of any fence considered to be its "face" (i.e., the finished side
having no structural supports)shall face abutting property.
d. Both sides of any fence shall be maintained in a condition of reasonable
repair and appearance by its owner and shall not be allowed to become and
remain in a condition of disrepair or danger,or constitute a nuisance,public
or private.
e. Barbed wire fences are only allowed in the City by conditional use permit.
f. No person shall construct or maintain or allow to be constructed or
maintained anywhere within the City any fence or metal construction which
is charged by or connected with an electrical system.
g. No physical damage of any kind shall occur to abutting property.
h. All man-made fences located in front of the rear building line shall consist
of materials comparable in grade and quality to the following: decorative
masonry, wrought iron or wood, provided the surfaces are finished for
exterior use,or wood of proven durability is used,such as cedar or redwood.
i. For the purpose of fence regulations, in the case of a corner lot, both yards
abutting a street shall be considered a front yard.
4. Specific Fence Standards. The height of fence is measured from the highest
projection of a fence structure or support post to the adjacent finished grade and
shall be restricted according to the location as follows:
35 a. Fences or walls located on or adjacent to any property line bordering
a public road or street shall not exceed seven (7)feet 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.
35 b. Fences or walls on or adjacent to the shore line of any navigable
lake, channel or stream shall not exceed four(4)feet in height. Fences or
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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 four (4)feet in height.
23,35 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 seven (7) feet 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.
35 d. Fences or patio walls not exceeding nine (9) feet 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.
35 e. Open wire fences not exceeding eleven (11) feet in height enclosing
tennis courts, pools, and similar uses, shall be permitted without restriction.
5. Swimming Pool Fences. Outdoor swimming pool fences shall be required as
outlined in Section 1303 of the City Code.
6. Non-Conforming Fences. It is the intent of this Ordinance to allow the
continuation of such non-conforming fences until they are discontinued as provided
herein. However, it is not the intent of this Ordinance to encourage the survival of
non-conforming fences and such fences are declared to be incompatible with
permitted fences within the City. Such fences shall be regulated by the following
provisions:
a. No existing fence not permitted by this Ordinance in the district within which
it is located, except when required to do so by law or ordinance, shall be
enlarged, extended, reconstructed or structurally altered unless such fence
is changed to one permitted in that district. Maintenance of a non-
conforming fence will be allowed, however, when this includes necessary
repairs and incidental alterations which do not expand or intensify the non-
conforming fence.
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