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HomeMy WebLinkAbout2006-11-02 OPH Ltr to SkanskaCity of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 November 2, 2006 Mr. Dan Buskirk Skanska Skanska USA Building Inc. 5250 Lovers Lane, Suite 200 Portage, MI 49002 RE: Fence Installation at the Lowe's / CSM site Dear Mr. Buskirk, As we have discussed, the City did not issue a permit to install a fence surrounding the large pond at the above site. City Ordinance 401.15 E requires such permit and is enclosed for your reference and discussion. Please note that this matter is of significance and until addressed, the City will withhold all occupancy permits at the development. In order to correct this situation you have two immediate options: 1) Remove such fencing. 2) Apply and receive a permit for such fence making necessary corrections, including the possible removal or replacement of certain or all sections. Please provide the following to begin this process. Should the City not receive this information/material by 12/1/06; the City will require the full removal of such fencing and will withhold occupancy permits until complete. • A completed building permit application requesting the installation of such fence. See enclosed. Payment of double the building permit fees as work was initiated wiout a permit will be required in the future when costs are determined and where applicable. • A statement of the cost of the fence including installation. • A materials example and explanation of the fence to be/ or as is installed. This shall be provided on your letterhead. • A written statement explaining how this fence will be constructed. • Provide a CERTIFCATE of SURVEY, performed, stamped and signed by a licensed Minnesota surveyor depicting the fence location as you have it installed, it must show current RIGHT OF WAYS and all lot lines that are directly adjacent. Please note that it appears that the fence is encroaching onto City property. Upon the receipt of such data, the City will review and determine within 5 business days what actions need to be taken and may include removal or replacement of all or part of this fence. Please also be aware that there are additional issues that need to be addressed prior to the issuance of an occupancy permit. I will only discuss two in this particular letter. e First, the red pines that have been planted inside this now fenced area, as depicted in the photo, are not the species as depicted in the landscape plans, (Techny arborvitae). Please ensure that all species are correct at the site. The City will also be verifying for compliance. • Secondly, the trees that have been planted along the City's trail along the west side of Nova Scotia must be relocated further away from the trail as these trees will interfere with trail maintenance and installation of sod. These matters must be addressed and we need to have a discussion about these items and solutions including the possible requirement that Lowe's take over the maintenance of this trail in perpetuity if the above trees are to remain. Ple ow if you have any questions. E c Jo .,n City A f nistrator Cc: Scott Richards, City Planner Mark Vierling, City Attorney Tom ozzello, PWD Jim Butler, Building Official Julie Hultman, Planning File Dennis Postler, City Engineer Chris Long, BRAA Robert Fiebig, Lowe's Todd Sherwood, Lowe's 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 surve shall be re uired f (including hedges and plantings) to be constructed up to or on the property line, unless corner 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 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 p erson 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. 0. 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. 1524 9 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. 1. 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 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 g row 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 wails 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 permitted as cor oration ermitted under sub -- paragraph c. hereof), and p 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 1 303 of the City Code. 1 25 8. 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 ar intensify the non- conforming fence. 7. General Landscaping and Maintenance. All exposed ground areas surrounding or within a principal or accessory use, including street boulevards, and not devoted to parking areas, drives, sidewalks, patios or other such uses shall be completely landscaped with grass,, shrubs, trees or other ornamental landscape materials before the Building Official issues the certificate of occupancy or if construction is completed during the Winter, no later than May 31 of the year or following year of construction completion. Ali landscaped areas shall be kept neat, clean and uncluttered, and where a landscape plan is required by city approval any plant material which is diseased or dies shall be replaced with like kind of the original size. No landscaped area shall be used for the parking of vehicles or for the storage or display of materials, supplies or merchandise. Fences and/or plantings placed upon utility easements are subject to removal by the City or utility company if required for maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed twenty (20) feet in height, which it shall be the property owner's responsibility to maintain. *8 Required Fencing and Screening. Where any public, institutional, business or industrial use (Le., structure, parking or storage) abuts property zoned for residential use, that public, institutional, business or industrial use shall provide screening along the boundary of the residential property. Screening shall also be provided where a public, institutional, business or industrial use is across the street from a residential zone, but not on that side of a public, institutional, business or industrial use considered to be the front (as determined by the Building Official). All the fencing and screening specifically required by this Ordinance shall be subject to Section 401.15.E.3. and shall consist of either a fence or a green belt planting strip as provided for below. * Amended Ord. 01 - 401 -03, 27 March 2001 15 -26 a. A green belt planting strip shall consist of evergreen trees and/or deciduous trees and large shrubs and shall be of sufficient width and density to provide an effective visual screen. This planting strip shall contain no structures other than supplementary fencing. Such planting strip shall be designed to PP rY g p provide complete visual screening to a minimum height of eight (8) feet.. Earth mounding or berms may be used but shall not be used to . achieve more than three (3) feet of the required screen. The planting plan and type of plantings shall require the approval of the City Council based upon a recommendation of the City staff. b. A required screening fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect and not exceed eight (8) feet in height or be less than six (6) feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the City Council based upon a recommendation by the City staff. 9. Required Landscaping .. General Residential. The lot area remaining after providing for off - street parking, off-street loading, sidewalks, driveways, building site and/or other requirements shall be landscaped using sod in the front and side yards, and ornamental grass, or other acceptable vegetation or treatment generally y used in landscaping in the rear yards. Fences or trees placed upon utility easements are subject to removal if required for the maintenance or improvement of the utility. *10. Required Landscaping - Public, Institutional, semi- Public and All Income Producing Property Uses. Prior to approval of a building permit, all above referenced uses shall be subject to a mandatory landscape plan requirement. Said landscape plan should be developed with an emphasis upon the following areas: The boundary or perimeter of the proposed site at points adjoining another existing or proposed site or sites; the immediate perimeter of the structure or building at points of its placement on the site; and the public boulevard areas at points of interface with streets or sidewalk areas of the City. All landscaping incorporated in said plan shall conform to the following standards and criteria: * Amended Ord. 01-401-03, 27 March 2001 15 -27 a. All plants must at least equal the following minimum sizes: Shade Trees* Half Trees (Flowering Crab, Russian Olive, Hawthorn, etc.) Evergreen Trees Tall Shrubs and Hedge Material (evergreen or deciduous) Low Shrubs: Deciduous Evergreen Spreading Evergreens b. Spacing. 2 Potted /Bare Root 1-3/4 in diameter 6 -7 feet 3-4 feet 18 -24 in. 18 -24 in. potted 18-24 in. potted * Al! boulevard trees must be at least 2-1/2 inches caliper. Balled and Burlapped 2-1/2 in. dia. 1.5 in. dia. 6 -8 feet a-4 feet 24-30 in. 24 -30 in. 18 -24 in. Type and mode are dependent upon time of planting season, availability and site conditions (soils, climate, ground water, man-made irrigation, grading, etc.) 1) Plant material centers shall not be located closer than three (3) feet from the fence line or property line and shall not be planted to conflict with public plantings based on the judgement of the City administration. Where plant materials are planted in two (2) or more rows, plantings shall be staggered in rows unless otherwise approved by the City administration. 3) Deciduous boulevard trees shall be planted not more than forty (40) feet apart. 4) Where massing of plants or screening is intended, large deciduous shrubs shall not be planted more than four (4) feet on center, and /or evergreen shrubs shall not be planted more than three (3) feet on center. c. Design. 1) The landscape plan must show some form of designed site amenities (i.e., composition of plant materials, and/or creative site grading, decorative .lighting, exterior sculpture, etc., which are largely intended for aesthetic purposes) Ali areas within the property lines (or beyond, if site grading extends beyond) shall be treated: Ali exterior areas not paved or designated as roads, parking, or storage must be planted into ornamental ground vegetation (lawns, round covers, or shrubs) unless otherwise g approved by the City. Landscape material selection and placement shall take into account sight visibility of adjoining buildings and signage. Landscape g Y adjoining at the time of placement or upon reaching maturity shall not block the view of surrounding business establishments and related signage. 4) Turf slopes in excess of 2 :1 are prohibited. 5) Alt ground areas under the building roof overhang must be treated with a decorative mulch and /o foundation planting. Alt buildings must have an exterior water spigot to insure that landscape maintenance can be accomplished. d. Landscape Guarantee. Ali plants shalt be guaranteed for one (1) full year from the time planting has been completed. Alt plants shall be alive and in satisfactory g rowth at the end of the guarantee period or be replaced. e. Screenin g Equipment. of Mechanical ui pment. Mechanical equipment located on the roof or adjacent to any building and visible from the street level or from properties neighborhood roperties shall be screened with a material designed to blend g harmoniously with the building's facing materials. Where buildings have exposure to buildings with higher elevation, roof equipment shalt be totally screened or enclosed with a material to blend with the roof surface material. Owner: Address: Phone: ( Description of Work Being Done: Applicant's Signature For Office Use only: City Building: City Plumbing: City Mechanical: Plan Review: State Surcharge: Signage: City Utility Meter: Utility Connection: Utility Inspection: Metro S.A.C.: Investigation Fee: Other: Total: Oak Park Heights Application for Permit Contractor: Address: Phone: ( JOB ADDRESS Number Front or Width in Feet Street Side or Length in Feet Height in Feet No of Stories CLASS OF WORK New Add Sign Alter Repair Move Demolish Area of Lot Occupied Type of Construction Occupancy Project Valuation Legal Description (if no address assigned: By signature below, the applicant hereby agrees to work in accordance with the Ordinances of the Local Municipality, State Building Code, and the requirements enforced by the City of Oak Park Heights Building Department. The applicant further agrees to notify the Building official of each the required inspections 24 hours in advance as noted upon the Inspection Record Card. Dated: Jim Butler, Building official City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 Phone: (651) 439-4439 FAX: (651) 439-0574 Be it known that I, have applied for a permit from the City of Oak Park Heights requesting the right to erect a fence on my property line located at the following address: Be it further known that, in compliance with the request of the Building Department of said City, spoken I have s oken with the property owners adjoining my own property of my intentions. B y signature si nature below, each of these property owners have given their consent for me to erect said fence as outlined on the backside of this page. Name /Address Date 1). 2). 3). 4). CITY OF OAK PARK HEIGHTS 14168 N. 57th Street Box 2007 •Oak Park Heights, MN 55082 •Phone: (612) 439 -4439 . FAX 439 -0574 I am full y aware that it is my responsibility to lkoate survy pins to enable positive identification of property lines. Applicant Signature MEMORANDUM OF ACKNOWLEDGMENT TO THE CITY BUILDING DEPARTMENT Tree City U.S.A. Date CITYOF OAK PARK HEIGHTS 14168 N. 57th Street •Box 2007 Oak Park Heights, MN 55082 ..Phone: (612) 439 -4439 FAX 439 -0574 ADDSS: SIDE 1 r ■ O S C iAC Fence Type: LOT WIZrri ssDa AF D SZTZACK Height: