HomeMy WebLinkAbout2005-06-01 Compliance Request - Recreational Equipment .`` CITY
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K PARK HEIGHTS
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14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651/439 -4439 • Fax: 651/439 -0574
June 1, 2005
Chris & Julie Fena
14308 Upper 56 St.
Oak Park Heights, MN 55082
RE: Playground platform and Slide
Dear Mr. & Mrs. Fena:
The City of Oak Park Heights has adopted certain municipal ordinance in an effort to
maintain and improve the community. City staff directs this effort by responding to city
code concerns in our neighborhoods. This administrative notice is intended to be an
effective and informal procedure for achieving compliance with city ordinances.
During a recent site visit to your property I observed the above mentioned play
equipment and have found it to be structurally unsafe and in violation of the City's
Zoning Ordinance. Additionally, the recreational equipment does not comply with the set
back requirements to your property line, which constitutes a violation of the City of Oak
Park Heights Zoning Code section 401.15.C.1.e.3.
Due to the above, the structure must be removed. Please have the structure removed no
later than 15 days from the date of this letter. Should you have any questions regarding
this violation please contact me at City Hall by calling 651- 275 -9590.
Thank you for your anticipated cooperation.
R ectfully,
7
Jim Butl
Building Official
Cc: Eric Johnson, City Administrator, (vie E -mail)
Mark Vierling, City Attorney (via E -mail)
Scott Richards, City Planner (via E -mail)
Tree City U.S.A.
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e. The following shall not be considered as encroachments on yard setback
• requirements:
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• • 1) Cantilevers chimneys, flues, leaders, sills, pilasters, lintels,
ornamental features, cornices, eaves, gutters, and the Tike, provided
they do not project more than two (2) feet into a required yard.
2) Uncovered terraces, steps, decks, uncovered porches, stoops or
similar features provided they do not extend more than nine (9) •
• • inches above the lowest ground level of the principal structure, or to .
a distance Tess than five.((5) feet from a side yard and rear lot lines,
or more than five (5) feet into a required front yard. No encroachment
shall be permitted in existing or required drainage and utility •
easements. • . •
3) In rear yards, recreational and laundry drying equipment, arbors and .
trellises, and air conditioning or heating equipment not exceeding
established state noise levels, provided they are set back five (5) feet
from side lot lines, eight (8) feet from the rear lot line, and not located
• within a utility and/or drainage easement, or as permitted in Section
401.35 of the shoreland .regulations. No encroachment shall be
permitted in existing or required drainage and utility easements.,
4) A one story, covered entrance for a detached single family, duplex or •
•• • townhouse dwelling may extend into the front yard setback not •
. exceeding four (4) feet subject to the approval of a conditional use
permit.
. 5) A required yard on a lot may be reduced by a conditional use permit
if the following conditions are met:
• a) The reduction •of "setback requirements is based upon a
specific need or circumstance which is unique to the property
in question and which, if approved, will not set a precedent
which is contrary to the intent of this Ordinance.
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b) Property line drainage and utility easements as required by the •
City's Subdivision Ordinance are provided and no building will
occur upon this reserved space.
• • c) The reduction will work toward the preservation of trees or
unique physical features of the lot or area.
d) If affecting a north lot line, the reduction will not restrict sun
access from the abutting lots.
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