HomeMy WebLinkAbout2004-08-27 OPH Ltr to Buddy Yantz Re Fencing and/or Screening 4
City of Oak Park Heights
14168 Oak Park Blvd N.• Box 2007. Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574
August 27, 2004
Mr. Buddy Yantz
14088 53 Street
Oak Park Heights, MN 55082
RE: Your request
Dear Mr. Yantz,
Enclosed you will find a copy of the City's ,Zoning Code that discusses fencing and/or screening. The City
has applied the same standards to shrubs and trees as to fences and/or walls. Accordingly, T would refer you
specifically to 401.15E sub 4.c that allows a zero setback for fences and walls - including shrubs and trees
- of less than 4 feet. This would also mean raised gardens.
Please note however, drainage issues may be a complicating matter and would require a more detailed
review of the situation and investigation of any known drainage easements upon your property.
Please contact me if you have uesti
incerely
Eric A Jo n
City A trator
Cc: Weekly Notes
Building Official
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.
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 are located and a survey exists in the
property file.
3. General Provisions. All fences within the City shall be subject to the followin
general provisions: g
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.
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L For the purpose of fence regulations, in the case of a corner lot, both yards
abutting a street shall be considered a front yard.
Specific Fence Standards. The height of fence or walls measured from.the
ground level to the top of the fence.or wall, 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 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 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 in height.
C. Fences or walls on or within three (3) 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 four (4) feet in height, unless agreed in
writing by the owners of said adjoining lots or parcels. In which case, fences
or walls not exceeding six (6) feet in height shall be permitted except as
prohibited in sub - paragraphs b. and d. hereof.
d. Fences or patio walls not exceeding eight (8) 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.
e. Open wire fences not exceeding ten (10) 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.
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