08-30-04 PC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Conference Room
Monday, August 30, 2004
7pm
I. Approval of Minutes
August 9, 2004 Planning Commission Meeting
II. Informal Public Hearing - Planned Unit Development Amendment - PU74-A2
Applicant: Charles Cudd, Inc.
Address: 4221 Woodland Trail, Hidden Lakes
Purpose: To allow the applicant to expand their lot into Outlet L in order to build
a deck addition.
II. Discuss additions to the Single Family Zoning District related to the Outdoor
Storage of Recreational Vehicles & Boats and Driveway Requirements.
III. Discuss an addition to the Zoning Code regarding fences.
-- Short Recess --
IV. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
V. Other Business
A. Discuss rescheduling the September 18 Planning Commission meeting to
September 20.
VI. Adjournment
t
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Regular Meeting of the
Golden Valley Planning Commission
August 9, 2004
A regular meeting of the Planning Commission was held at the Golden Valley City Hall
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
August 9, 2004. Chair Pentel called the meeting to order at 7 pm.
Those present were Chair Pentel, Commissioners Eck, Hackett, Schmidgall and
Waldhauser. Also present were, Director of Planning and Development, Mark Grimes,
and Administrative Assistant, Lisa Wittman. Commissioners Keysser a ussen
were absent.
.
I. Approval of Minutes
July 12, 2004 Planning Commission Meeting
Waldhauser referred to page five, paragraph nine and'Ri;1~ted
be changed to "five". She referred to page nine, paragraJ'
"west" should be changed to "east".
Eck stated that the July 12 Planning Commissio
Chambers not in the Council Conference
three" should
ted that the word
MOVED by Eck, seconded by Hackett
minutes from the July 12 meeting .
me unanimously to approve the
corrections.
ommission Meeting
Eck stated that Commisso
present. He referred to p
reflect what he inte d to
written.
n was in attendance, but was not listed as
r ph six and stated that his comments didn't
then explained how he wanted his comments to be
II.
y aldhauser and motion carried unanimously to approve
above noted corrections/changes.
s to the Single Family Zoning District related to the Outdoor
ecreational Vehicles & Boats and Driveway Requirements.
.
to the recently adopted changes to the R-1 Single Family Zoning District.
He exp at outdoor storage of recreational vehicles and driveway requirements are
subdivisions In the R-1 Zoning District but that they were not adopted when the rest of the
R-1 text changes were in March of 2004. The City Council did not want changes made to
the Code regarding recreational vehicles until a later time of year when fewer recreational
vehicle owners would be traveling.
Pentel said she's becoming less concerned about recreational vehicles located on
properties. She is more concerned about how the neighborhood is affected by
maintenance issues, such as peeling paint and rotten wood. She asked Grimes how long
a vehicle is allowed to be parked on a street. Grimes said vehicles, other than commercial
vehicles, can be parked on the street up to 72 hours.
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Minutes of the Golden Valley Planning Commission
August 9, 2004
Page 2
Pentel asked if there are requirements regarding cars having to be properly licensed.
Grimes said that cars stored on a resident's property have to have current license plates
and tabs and have to be operable.
Eck referred to Subdivision 14 and said the wording is unclear regarding the outdoor
storage of one recreational vehicle. His reading of the proposed change means if
someone has a fish house on their property, they couldn't have anything else, such as
boat or recreational vehicle.
Eck referred to Subdivision 15(0) regarding parking of vehicles on ad'
hard surface and asked if that means any type of vehicle or just the
Subdivision 14(A).
Hackett asked for an explanation of why driveways need to
the City is promoting the use of more impervious surfaces.
Environmental Coordinator and the Watershed have said that
problematic than impervious surfaces because the gr n
the ponds and lakes. Pentel added that another r
vehicles need to be parked on a hard surface is
Waldhauser stated that gravel isn't as permane
more easily torn up if a new homeowner
why
the City's
ays are more
orm sewers and
s said that recreational
o front yards.
or asphalt and it can be
e surface.
Pentel asked if there is anything in the
be placed in a back yard. Grimes
could be more offensive if they
unacceptable to say where thin
where they can be stored.
Pentel said she would lik
conforming to the r ireme
that would be difficu
two front yard
that the City is
tes ow a recreational vehicle is to
me ways recreational vehicles
k yards. Pentel said she thinks that it is
ted without specific standards about
I tional vehicles placed in a way that is
r placing accessory structures. Grimes said he thinks
specially for someone who lives on a corner lot and has
argument by some is that people are getting older and
elng more recreational vehicles.
ed this proposed subdivision. Pentel said it came from the
en they realized that one issue the City is facing is visual clutter
his proposed Recreational Vehicle language compares to other cities.
thinks other cities are a lot more restrictive.
Pentel said she was comfortable with the language allowing only one vehicle in the front
yard, but suggested not saying watercraft, camper, trailer or individual snowmobiles.
Waldhauser asked if a trailer with four snowmobiles is worse than a huge recreational
vehicle. Grimes said it is a question of the length of the vehicle. Pentel suggested adding
language that says in no case can any recreational vehicle be located in the right-of-way.
Grimes suggested as an alternative to require recreational vehicles to be at least three
feet from side or rear yard property lines.
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Minutes of the Golden Valley Planning Commission
August 9,2004
Page 3
Schmidgall asked who would enforce these requirements. Grimes explained that these
types of issues are typically handled by complaints from residents.
Eck referred to Subdivision 14(A) and suggested that the words "may be stored or
parked" be changed to "is permitted".
Waldhauser asked about limiting the number of vehicles allowed in the back yard. Grimes
said if recreational vehicles are required to meet the same setback requirements as
accessory structures then they can't be located in side yards or right ne arages.
Grimes stated that he spoke with Rasmussen and her suggestion wa
homeowners to get a variance to allow recreational vehicles in th ,0
asked why the City shouldn't require residents to follow the 35- se
in front. Eck stated that if that was case, most people could '
yards. Hackett said his point is that some recreational vehicl
structure only they have wheels.
Schmidgall said he would rather have the City co
anything different because it gets too complicat
Waldhauser suggested requiring recreatio
screened.
in rear yards to be
Pentel stated that she is fine with al
less ok with allowing any numbe[
14(A) say only 1 mobile recrea
it must be located on a driv
would have to meet the
. nal vehicle in the front, but she is
ack. he suggested that Subdivision
rmitted in the front yard or side yard but
urface. Grimes added that in the rear yard they
re requirements.
nning Commission to see another draft of Subdivision
lie hearing.
-- Short Recess --
III.
s of the Housing and Redevelopment Authority, City
oning Appeals and other Meetings
N
e discussed.
IV.
Pentel referred to the City being more aggressive about garage signs being placed .
improperly and said she would like to see the City go after Commercial signs that don't
meet the Code requirements. Grimes said staff has written new language that is friendlier
toward garage sales signs.
V.
Adjournment
The meeting was adjourned at 8:05 pm.
.
Planning
763-593-8095/763-593-8109 (fax)
Date:
August26,2004
To:
Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Informal Public Hearing on Preliminary Design Plan for Amendment No.2, Hidden
Lakes PUD No. 74-Charles Cudd Co., Applicant
.
Charles Cudd Co., on behalf of the Jim and Gail Ehlen, have requested a PUD amendment
that would allow for the expansion of the deck off the rear of the Ehlen home at 4221
Woodland Trail in the Hidden Lakes Development. Specifically, the PUD amendment would
allow for the lot on which the Ehlen home is located (Lot 4, Block 13 Hidden Lakes PUD No.
74) to be increased in length from 118 ft. to 121 ft. The property that is proposed to be added
to increase the size of the Ehlen lot is in Outlot L, Hidden Lakes PUD No. 74. Outlot L is owned
by the Hidden Lakes Home Owner's Association and they have agreed to allow the reduction
in size of Outlot L and have it added to the Ehlen lot.
As indicated in the letter to me dated July 23, 2004, the request for the PUD amendment is the
result of a draftsman's error. When Charles Cudd built the double home in 2001, the deck that
was built as part of the original house extended to within 8 ft. of the rear (south) property line.
As part of the PUD agreement for Hidden Lakes, each lot has a specific building envelope or
area where construction may occur. This building envelope is indicated on the overall site plan
for Hidden Lakes for each lot. In the case of the two-family townhomes along Woodland Trail,
no building can be constructed closer than 10ft. to the rear (south) property line. In the case of
the 4221 Woodland Trail home, the deck was completed as part of the construction of the
home in 2001. At that time, the plans for the townhome included a deck that would have met
the building envelope requirement of 10ft. For some reason, it was not built as shown on the
plans submitted in 2001. Several weeks ago, the Ehlens wanted to go forward with an
expansion of the deck to the east and it was determined by the City Inspection Department
that the existing deck was outside the building envelope area. The proposed expansion would
extend to the east at the same distance from the south property line as the existing deck.
Three alternatives are available to the Ehlens if they want to expand their deck. First, cut off
the existing deck to meet the building envelope requirement and expand the deck meeting the
. building envelope requirement. Second, amend the PUD to increase the size of the lot by
several feet so that the existing and expanded deck would meet the building envelope. A third
alternative would be to change the building envelope along the south side of this one particular
lot to 7 ft. or 8 ft. from the established 10ft. This would eliminate the need to any replatting of
the property.
.
Hidden Lakes PUD No. 74 was approved by the City Council on December 16,1997. (The
Ehlen home at 4221 Woodland Trail was part of the original approval of the PUD.) In 2001, the
City Council amended the PUD to allow for the construction of single-family homes on the
peninsula area and carriage homes north of the Golf Villas. At the present time, there are three
homes on the peninsula under construction (seven houses total on peninsula) and there are
several carriage homes under construction south of the Golf Villas along Wirth Golf Course.
The amendment for the lot at 4221 Woodland Lane is considered an amendment to the sub-
permit for that portion of Hidden Lakes dedicated to two-family town homes. The PUD permit
for Hidden Lakes consists of a master PUD permit for issues that relate to the overall
development of Hidden Lakes and several sub-permits that relate to specific areas of
development such as the hospital and different housing areas.
.
Recommendation
As soon as this problem was .identified by the Inspections Department, the owner of the home
and Cudd were notified of the problem regarding the location of the existing deck and
expansion of the deck. City staff and Cudd met to discuss the alternatives available to resolve
this issue. The Ehlens wanted to keep the deck and expand it to the east at the same distance
from the house as the existing deck. The only alternative then was to amend the PUD to either
expand the lot or change the building envelope line. Originally, staff recommended
changing the lot line. However, staff now believes that the best way to resolve this
matter is to change the building envelope line for this one particular lot to allow the
deck to be as close to 8 ft. from the south property line rather than 10ft. The existing
deck has been established and reducing it in width by two feet does not seem to make sense.
The deck is very attractive and its existence and expansion to the east would have not
significant effect on the area. As indicated on the photos, the width of the Ehlen deck is the
same as the width of the deck on their adjoining neighbor's to the west. However, the Ehlen
house juts out to the south several feet so that the rear of each of the town homes units do not
line up. This was done to provide privacy and to "break up" the width of the building. The area
to the south is open space with a wonderful view of Wirth Park.
The Sub-Permit for this area states that "changes to the building envelope shall require an
amendment to this PUD sub-permit. The amendment shall take the form of a revised site plan
for the identified property." The change to the building envelope size seems to be the preferred
method of dealing with this issue rather than changing the lot line of both the Ehlen lot and
Outlot L.
Attachments
Location Map (1)
Hidden Lakes PUD 74 Sub-Permit from December 1997 (3 pages)
Map showing building envelopes (1 page)
Letter from Paradise & Associates dated July 23,2004 (1 pages)
Letter from Jeff Korman, Charles Cudd Co, dated July 23, 2004
Pictu res of the property (3 pages)
. Site Plan, Survey and Section Map (3 pages)
.
14221 Woodland Trail. I
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Hidden Lakes P.U.D. No. 74
Page Ten
Sub-Permit
for a portion of
Planned Unit Development (P.U.D.) No. 74
Location:
Hidden Lakes Development
4121 Golden Valley Road, Golden Valley, Minnesota
Legal
Description:
(See Lots and Blocks listed below)
Owners and
Address:
Hidden Lakes Development Limited Partnership
4121 Golden Valley Road, Golden Valley MN 55422
Underlying
Zoning:
Single-Family Residential
This sub-permit outlines terms and conditions affecting only the property identified
above. In any case where there is an apparent conflict between the terms of the
sub-permit and the master permit, this sub-permit shall prevail.
Land Use Component
1. Permitted uses for the identified properties are as follows:
Traditional Single Family
Houses
Block 4, Lots 1-12
Block 6, Lots 1-5
Block 7, Lots 1-4
Block 8, Lots 1-10
Two-Family Townhomes
Block 11, Lots 1-22
Block 12, Lots 1-20
Block 13, Lots 1-20
Single Family Villa Houses
Block 8, Lots 11-30
Block 10, Lots 1-25
Block 13, Lots 17-19
Two Family Carriage Houses
Block 9, Lots 1 and 2
Outlot M
Existing Single Family House
Block 5, Lot 1
.
.
.
Hidden Lakes P.U.D. No. 74
Page Eleven
2. For all types of residential lots, the dotted line indicated on each lot on the
site plan shall represent the permitted building envelope. Construction of any
structure may only occur within this envelope. Changes to the building
envelope shall require an amendment to this PUD sub-permit. The
amendment shall take the form of a revised site plan for the identified
property.
Hidden Lakes Development
Limited Partnership
Witness:
By:
Title:
Date:
Witness: 'frrwd fJ-fL
By:
Date:
Witness: J1'16.- ~.. .I/ffJl? d
U V
By:
Date:
S, City Manager
Warning: This sub-permit does not exempt you from applicable terms of the
master permit and all other City Code provisions, regulations and
ordinances.
.
.
.
Hidden Lakes P.U.D. No. 74
Page Eleven
2. For all types of residential lots, the dotted line indicated on each lot on the
site plan shall represent the permitted building envelope. Construction of any
structure may only occur within this envelope. Changes to the bUilding
envelope shall require an amendment to this PUD sub-permit. The
amendment shall take the form of a revised site plan for the identified
property.
. t~}t1.lG'
Witness:
Title:
Date: D._tee...'Y') L">V\
I~D"
City of Golden Valley
By:
Witness:
Date:
By:
Date:
Mary E. Anderson, Mayor
William S. Joynes, City Manager
Warning: This sub-permit does not exempt you from applicable terms of the
master permit and all other City Code provisions, regulations and
ordinances.
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J u I . 23, 2004 11: 45 AM
Paradise and Associates, LLC
No.2183 p. 2
. Pm!!ise
_1ll::1I";:::l!Ifft_UII F"'l W WI WI!
Shepard Park Office Center
2177 Youngman Avenue
Suite 170
St Paul,MN 55116
Phone 651.699.5300
Fax 651'.699.7400
July 23, 2004'
To: Charles Cudd & City of Golden Valley
. ,
This letter serves as authorization for Charles Cudd to request an amendment to the pun
allowing the common property line between out lot L and lot 4, block 13, (4221
Woodland Trail) tQ be extended 3 feet.
.
Sincerely,
The Hidden Lakes Conununity Association Board of Directors,
.
- ,
T 1
.,. -
Association & Property Management
.
~H^~bl5;..z_~U~~ ~g,.
DE:...../IGNE:....R./~) E:>.U I L D E:.... ~./
EXCELLENCE IN FINE HOME DESIGN AND CONSTRUCTION
July 23, 2004
Mr. Mark Grimes
Director of Planning and Development
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Mr. Grimes:
Charles Cudd Co. built the home at 4221 Woodland Trail in 2001. Jim and Gail Ehlen, purchased the home
from the original owner last year. As a result of a draftsman's error, the deck encroaches two feet into the
required ten-foot rear yard (a condition of the Hidden Lakes PUD). The encroachment was discovered when
Ehlens sought to add on to the deck. Currently, the deck is 10 feet wide (8'2" wide along the cantilevered bay)
and 15'9-3/4" long from the interior lot line (party wall) to the east. Ehlens plan to extend the deck to the east
while maintaining the existing 10' width.
As the deck currently encroaches into Outlot L, the Ehlens must either seek and be granted a lot line
~justment to increase the rear yard to 10', or they must remove 2 feet from the existing deck. Due to the
.ojection of the bay, shortening the deck is not a practical option.
Therefore, the. Charles Cudd Co, with permission from the Ehlens, and the Hidden Lakes Home Owner's
Association, fee owners of Outlot L, request moving that portion of Outlot L's property line in common with
Lot 4, Block 13, Hidden Lakes P.D.D. No. ~, three feet to the south. The requested move would increase the
depth of Lot 4, Block 13 to 121.00 feet on the west property line and 121.43 feet on the east property line.
Please call me at 612-359-1734 if you have any questions regarding this application to amend the P.D.D. as
your staff writes its recommendation to the Planning Commission. Thank you.
.'-. ,
Sincerely, ....\ )1
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Project CoordInator
Charles Cudd Co.
att.
.
International Market Square
275 Market Street. Suite 445 . Minneapolis, MN 55405
612-333-8020 Fax 612-333-0516
www.charlescudd.com
.
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Lot 4, Block 13
Hidden Lakes
P.U.D. No. ~ l1
-------------------------------------.
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Proposed new
length = 121.00
Lot 3,
Block 13
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Lot 5,
Block 13
Outlot L
Scale: 1" = 20'
As- Built Survey
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HIDDEN LAKES DEVELOPMENT
C/O CHARLES CUDD COMPANIES
275 Market St. Suite 139
Minneapolis. Minnesota 55405
WOODLAND TRAIL
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o = Iron monument set and marked
with license No. 23968.
Cl = Denotes offset iron
~ = Denotes drainage & utility easement
1800.01 = Denotes os-built elevation
~Q) = Denotes proposed elevation
from grade or development plan
_ = Denotes drainage arrow
Bearings shown ore assumed
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AS-BUILT ELEVATIONS
LOT 4
PROPOSED ELEVATIONS
Garage floarelev. = 879.68
First floor elev. = 881.58
Lowest floor elev. = 871.66
Block
LAKES
NOo 75
HENNEPIN COUNTY, MINNESOTA
Sub ject to easements of record. if any.
Garoge floor elev. = 879.1
Top of block elev. = 879.8
Lowest floor elev. = 871.1
BOOK PAGE
Drawing File: 98178M70AB.DWG
Drown by: PJD
Project No. 98178M70
1 hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a duly Registered
Land Surv under theJ9w of the State of Minnesota.
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License No. 23968
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RLK
C KUUSISTO LTD )
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RLK - Kuusisto, Ltd.
6110 Blue Circle Dr.
Suite # 1 00
Minnetonka, Mn.
55343
(952) 933-0972
Fax: (952) 933-1153
July 11, 2001
Date
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Hey
Planning
763.593.80951 763.593.8109 (fax)
Date:
August23,2004
To:
Planning Commission
Through:
Mark Grimes, Director of Planning
From:
Adam W. Fulton, Planning Intern
Subject:
Single Family Zoning District Changes
The Council passed major revisions to Section 11.21, "Single Family Zoning District R-1 ", of the
City Code on March 3, 2004. However, the Council removed two Subdivisions from the final
version; specifically, the Subdivisions regarding Storage of RV's and Driveway Requirements.
As requested by the Planning Commission, several changes have been made to the text of these
two Subdivisions.
The Subdivision regarding Storage of RV's has been simplified to allow a single RV, fish house,
or trailer to be in the front yard. The trailer is allowed a variable purpose - a boat, ATV, or
snowmobile could each be stored upon a trailer in the front yard during their respective season of
use. The requirement that any such storage must take place on a driveway will stand, although it
has been clarified to ensure residents are still able to construct patios and other such
appurtenances in their front yards. Setback requirements for the side and rear yard have been
clarified as well.
The Subdivision regarding Driveways has undergone only minor changes.
It is hoped that these revisions will be suitable for the intended purposes. The ordinance has not
been reviewed by the City Attorney at this time.
.
.
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CITY OF GOLDEN VALLEY
ORDINANCE NO. 2nd SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 11.21 "Single Family Zoning District (R-1)"
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 11 is hereby amended by adding Section
11.21, Subd. 16, "Outdoor Storage" to read as follows:
Subdivision 16. Outdoor Storage.
A. Outdoor Storage. Not more than one of the following shall be
stored in the front yard:
1. Recreational camping vehicle; or
2. Fish house; or
3. Trailer. A trailer for multiple purposes including but not
limited to hauling a boat or personal motorized recreational vehicles.
B. Front Yard Storage. Storage in the front yard shall occur solely
upon the driveway, and in no other location. No personal motorized recreational
vehicle or boat shall be stored in the front yard, except upon a trailer.
C. Setbacks.
1. Front Yard Storage. Any storage in the front yard shall be
behind the property line.
2. Side Yard Storage. In that portion of the side yard to the
front of the rear yard, any storage shall be no closer than 3 feet to the property
line. In that portion of the side yard to the rear of the rear yard, any storage shall
be no closer than 5 feet to the property line.
3. Rear Yard Storage. Any storage in the rear yard shall be
no closer than 5 feet to the property line.
Section 2. City Code Chapter 11 is hereby amended by adding Section 11.21
Subd. 17, "Driveway Requirements" to read as follows:
Subdivision 17. Driveway Requirements. Driveways in the R-1 Zoning
District shall be governed by the following requirements:
A. Materials. Driveways shall be constructed of concrete,
bituminous pavement, or brick, concrete, or cement pavers. This shall apply to
all driveways built or reconstructed after January 1, 2005.
B. Setbacks. Driveways shall be setback three feet from a side
yard property line, except for shared driveways agreed to by both property
.
.
.
owners in a private easement agreement. This only applies to new construction
and/or driveways built after January 1, 2005.
C. Coverage. No more than 50% of the front yard shall be covered
with concrete, bituminous pavement, or brick, concrete, or cement pavers.
Section 3. City Code Chapter 11, Section 11.03, "Definitions" is hereby
amended by adding item 73, as follows, and renumbering the remaining items:
73. "Personal Motorized Recreational Vehicle" - A vehicle used for
recreational purposes, including but not limited to All-Terrain Vehicles, Golf
Carts, Personal Watercraft, Snowmobiles, or Dirt Bikes.
Section 4. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section
11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by
reference, as though repeated verbatim herein.
Section 5. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this
day of
,2004
Linda R. Loomis, Mayor
ATTEST:
Donald G. Taylor, City Clerk
'\1'
Planning
763-593-8095/763-593-8109 (fax)
Date:
August 24, 2004
To:
Planning Commission
Through:
Mark Grimes, Director of Planning
From:
Adam W. Fulton, Planning Intern
Subject:
Fence Ordinance Revisions.
An ordinance regarding fences was proposed in May of 2004 and has been referred back to the
Planning Commission. The original ordinance was located in Chapter 4, Buildings and Signs,
rather than in the Zoning Code. This would not have allowed for the possibility of a variance.
The current revision to the fence code places it in Section 11.72. This will enable residents to
obtain a variance in the case of unusual topography or other unique circumstances. In residential
zoning districts, fences will be restricted to 4 feet in the front yard, and 6 feet in the rear yard. In
all other zoning districts, fences are limited to 8 feet in height. For all fences, the finished side
shall face the adjacent property.
That Golden Valley has no regulations regarding fences is highly unusual. For many years, the
Inspections Department has simply suggested appropriate regulations, but has had nothing but
the State requirement of a building permit for any fence over 6 feet to back up their suggestions.
At this time, residents are able to build any type of fence in any location on their property. While
the City has not experienced any particularly bad situations to this point in time, the worst case
scenario is particularly unpleasant to consider. The proposed ordinance will enable staff to
enforce minimum regulations for all future fence construction in the City.
~
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CITY OF GOLDEN VALLEY
ORDINANCE NO. 2nd SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding Section 11.72 "Fences",
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 11, "Land Use Regulations" is amended by
adding Section 11.72 "Fences", to read as follows:
SECTION 11.72. FENCES.
Subdivision 1. Definitions. For the purposes of this section, certain words
and terms are defined as follows:
1. "Berm" - An earthen mound designed to provide visual interest on a site,
screen undesirable views, reduce noise, or fulfill other similar purposes.
2. "Fence" - A structural enclosure or barrier used as a boundary, means of
protection, or concealment.
3. "Screening" - A method of visually shielding or obscuring one abutting or
nearby structure or use from another by fencing, walls, berms, or densely planted
vegetation.
Subdivision 2. General Regulations. All fences shall be subject to the
following requirements:
1. The side of the fence without primary structural supports shall be
considered the finished side and shall face the adjacent property. If a fence
features two similarly finished sides, either side may face the adjacent property.
2. All berms, screening, and fences, including footings, shall be located
entirely on the property owner's private property. The property owner shall be
responsible for determining property lines prior to installing a fence.
3. All fences shall be maintained and kept in good repair. Any hazardous
fence or fence in a state of disrepair shall be repaired or removed by the property
owner within 30 days of first notice.
4. All berms, screening, and fences shall comply with Chapter 7 of the City
Code.
5. Electric and Barbed wire fences are prohibited except as allowed under
Subdivision 3.
Subdivision 3. Regulations by Zoning District. The following regulations
shall apply to specific zoning districts.
1. Residential and Multiple Dwelling zoning districts.
A. Fences in the front yard are limited to four (4) feet in height.
Fences in side and rear yards are limited to six (6) feet in height.
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2. All other zoning districts.
A. Fences shall be limited to eight (8) feet in height.
B. All exterior storage shall be screened by a wall, fence, or
vegetation not less than 6 feet in height and of 90 percent opacity.
C. All mechanical equipment shall be screened from view from the
street right-of-way.
D. Barbed wire shall be allowed in Industrial and Light Industrial
zoning districts at a height of not less than seven (7) feet.
Subdivision 4. Exceptions. Any deviation from this Section shall require a
variance except the following:
1. Tennis and basketball courts shall be allowed a perimeter fence no higher
than ten (10) feet. Such fences shall be located to the rear of the primary structure
and shall require landscaping around the entire perimeter.
2. At the discretion of the City Manager or his/her designee, a fence not
exceeding twelve (12) feet may be allowed in Commercial, Industrial, and Light
Industrial zoning districts for the purpose of screening exterior storage areas.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by
reference, as though repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this
day of
,2004
Linda R. Loomis, Mayor
ATTEST:
Donald G. Taylor, City Clerk