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HomeMy WebLinkAbout2018-03-27 CC Packet Enclosure Oak Park Heights Request for Council Action Meeting Date March 27,2018 Time Required: 1 Minutes Agenda Item Title: Consider Amendment./Ci Ordinances Related to Fencin_•. Agenda Placement New Bus'. Originating Department/R-..estor• :'c Johnson C'a • . .inistrator Requester's Signature A Action Requested DiscuArPossible Action Background/Justification irlease indicate if any previous action has been taken or if other public bodies have advised): Please see the attached documents from Scott Richards,City Planner 1. Staff MEMO dated January 31",2018 NOTE:As it relates to the enclosed memo,the Public Hearing was held on Feb 8th,2018. 2. Approved Planning Commission resolution(unsigned) 3. "Redline"versions showing proposed alterations. 4. Proposed City Ordinance Amendment. Page 23 of 36 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone;763.231.5540 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: Page 24 of 36 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 r is h lir ' . '••, 040/ f • " t djacent 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 nro ection of s fpncp structure or support post to the adjacent finished gra and shall be restricted according to the location as follows: 2 Page 25 of 36 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. 3 Page 26 of 36 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 FENCE HEIGHT 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 fence height standards; the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The definition of fence height needs to be clarified and a diagram illustrating how fence height is measured should be added to the Section 401.02.B Definitions of the Zoning Ordinance; and 2. The provisions regulating fences should be revised to reflect the new definition of fence height in Section 401.15.E Fencing, Screening, and Landscaping of the Zoning Ordinance; 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 February 8, 2018 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 height of a fence is measured from the highest projection of a fence structure or support post to the adjacent finished grade. Page 27 of 36 6. Section 401.02.B Definitions is amended to add the following graphic as part of the Fence, Height definition: Highest projection of a fence structure or support post .5 • sfjacent finished grade 7. Section 401.15.E. Fencing Screening and Landscaping is recommended to be amended to read as follows: 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: 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. 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 8th day of February 2018. 2 Page 28 of 36 Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 29 of 36 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: . 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 Page 30 of 36 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 to the highest projection of a fence structure or support post and shall be restricted according to the location as follows: 354 Specific Fence Standards. The height of fence d e adjacer'r' r--hed grade-to from the highest projection of a fence structure or support post ,diacent finished q 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 2 Page 31 of 36 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. 3 Page 32 of 36 Page 33 of 36 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2018- - AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO CLARIFY AND AMEND LANGUAGE AS TO FENCE HEIGHT STANDARDS IN SECTION 401.02.8 DEFINITIONS AND 401.15.E, FENCING, SCREENING AND LANDSCAPING THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.8 Definitions, is amended to read as follows: 401.02.8. 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. Highest projection of a fence structure or support post 8 4. 1".114Loot. 00.0•00. djaoent finished grade SECTION 2. Section 401.15.E. Fencing Screening and Landscaping is amended to read as follows: 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: 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. Page 35 of 36 SECTION 3. The Planning Commission of the City of Oak Park Heights held a public hearing at their February 8, 2018 meeting, took comments from the public, and recommended that the City Council approve amendments to the fence provisions. SECTION 4. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 10th day of April 2018 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 36 of 36