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HomeMy WebLinkAbout2018-01-04 TPC Memorandum ENCLOSURE 2 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC«@PlanningCo.00m MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: January 4, 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. 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 In discussing this issue with Julie Hultman,the Building Official and Staff,it would be reasonable to adopt language that the starting point would follow the finished grade along the length of the fence. This language would clarify the intent of the ordinance and provide for easier interpretation by Staff and the public. See below: Proposed Language: 401.02.8. Definitions. 3. Fence,Height: The distance from the adjacent finished grade,measured at all points along the length of the fence,to thehighest projection of a fence structure or support post.— 401.15.E. Fencing,Screening and Landscaping 4. Specific Fence Standards. The height of fence shall be the distance from the adjacent finished grade,measured at all points along the length of the fence,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. EXHIBITS Please find as follows an Exhibit for your consideration on this matter: Exhibit 1: Section 401.02.8.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. If they would like to proceed,a public hearing should be conducted at the February meeting. 2 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: 3. Fence, Height: The distance from the adjacent finished grade, measured at all points along the length of the fence, to the highest projection of a fence structure or support post. 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. 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. 1 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. 354. Specific Fence Standards. The height of fence shall be the distance from the adjacent finished grade, measured at all points along the length of the fence, to the highest projection of a fence structure or support post 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 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 2 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. 3