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HomeMy WebLinkAboutPL WORKSESSION PACKET 11262012CITY OF ST. ANTHONY PLANNING COMMISSION WORK SESSION AGENDA Monday, November 26, 2012 7:00 P.M. Council Chambers Workshop Agenda 7:00 Welcome 7:05 Zoning Ordinance Discussion • Fence Ordinance • Accessory Buildings Ordinance • Accessory Building vs. Accessory Structure 7:55 Upcoming Agenda Discussion 8:00 Adjourn This will be a highly participatory workshop so come prepared to share your thoughts! A WSB Al Infrastructure a Engineering . Planning n Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 - 541.1700 CITY OF SAINT ANTHONY VILLAGE MEMORANDUM To: Planning Commission Mark Casey, City Manager From: Kelsey Johnson, AICP, City Planner Date: November 19, 2012 WSB Project No. 01626 -63 Request: Planning Commission Work Session to Review Various Ordinance Sections OVERVIEW It is beneficial to review sections of the City Code on a regular basis in order to identify potential issues before they are found through a request or land use application. In addition, it ensures that the City Code is reflective of what is desired for the community. Over the past several months, staff has identified several areas that require the Planning Commission's attention. At the upcoming Planning Commission meeting, staff would like to take the opportunity have a discussion about selected ordinances show below. This meeting is not intended to necessarily resolve these issues, but rather to serve as an opportunity for discussion and to establish a starting point for potential future changes. Topics of discussion identified by staff include the following: Fence Ordinance o Corner side yard fence height o Traffic views / site triangle • Accessory Buildings Ordinance • When to pursue a Garage Setback Permit vs. a Variance • Height of an accessory building • Second -Story of an accessory building (i.e. accessory dwellings, mother -in -law apartments) • Garage door opening size (standard vs. oversized) • Multiple garages (attached and detached) • Accessory Buildings Ordinance (Accessory Structures): Special provisions for different types of accessory structures (pergolas, gazebos, arbors, etc.) and where they are allowed (front yard, side yard, or rear yard) 12 St. Anthony - Land Usage • 150.058 EXISTING SWIMMING POOLS NOT REQUIRED TO BE MOVED. No swimming pool or any other structure erected in conjunction with a pool existing as of 6 -3 -1982 will be required to be moved so as to comply with the location requirements of .150.052. All other requirements contained in this subchapter are applicable to existing swimming pools, and structures erected in conjunction with the pools. (1993 Code,. 1315.09) FENCES .150.070 DEFINITION. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. FENCE. A partition, structure, wall, or gate erected as a dividing marker, barrier, enclosure, or visual obstruction, but excluding buildings and bushes, hedges, trees, and other living landscaping. (1993 Code,. 1320.01) • 150.071 BUILDING PERMITS REQUIRED. A building permit is required for the construction or alteration of a fence, and for any additions to a fence. The permit must be obtained in the name of the owner of the property on which the fence is or will be located. Application must be made on forms provided by the city. The applicant must provide the Building Inspector with a set of plans and specifications for the fence. Permit fees must be paid in accordance with the Uniform Building Code. (1993 Code, .1320.02) Penalty, see. 10.99 .150.072 REQUIREMENTS. (A) Location. Any fence constructed or altered after 6 -3 -1982 must be located entirely upon the private property of the owner to whom the building permit was issued. Ownership of the permit passes with ownership of the property. The fence must be set back a distance from the owners property line sufficient to avoid encroachment onto adjoining private or public property or a public right -of -way. (B) Abutting public property. If a fence is or is to be adjacent to a street, alley, public right -of -way, or other public property, the city may require the applicant for the permit to locate and mark the property line abutting the public property by having a registered surveyor place permanent survey pins or stakes Buildings, Housing, and Construction 13 on the property line. If the survey information is not available and the applicant elects not to establish the property line by survey, the permit will not be issued unless the applicant signs an affidavit stating that the applicant is the owner of the premises upon which the fence exists or is to be located. (C) Fence size. No fence shall be over 6 feet in height, and no fence in a front yard shall be over 4 feet in height. Height shall be measured from the natural grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. On an interior side yard where it abuts a back yard on a corner lot, a 6 -foot fence is permitted. (D) Traffic view. No fence along a public street may be constructed or altered so as to visually obstruct the view from a vehicle on that street of approaching traffic on that street or another street. (1993 Code,. 1320.03) Penalty, see. 10.99 .150.073 CONSTRUCTION AND MAINTENANCE. Every fence must be constructed in a substantial manner and of substantial material, reasonably suitable for the purpose for which the fence is intended. The finished side or fencing material of a fence must face toward adjacent property or a street or alley and the posts and framework for the fence must be on the inwardly facing side. Every fence must be maintained in a condition of reasonable repair and may not by reason of age, decay, accident, or otherwise, be allowed to become or remain in a state of disrepair so as to be or tend to be a nuisance to the injury of the public or any abutting property. Any fence which is dangerous by reason of its construction or state of disrepair or is otherwise injurious to public safety, health, or welfare is hereby declared to be a nuisance. (1993 Code,. 1320.04) Penalty, see. 10.99 .150.074 PROHIBITIONS. It is unlawful for any person to construct and maintain or allow to be constructed or maintained upon any property located within the city limits any barbed wire fence, spiked fence or any fence which is charged or connected with electrical current in a manner as to transmit current to a person or animal which might come in contact with the fence. (1993 Code, .1320.05) Penalty, see 9 10.99 78 St. Anthony - Land Usage .152.160 BUILDING DESIGN REQUIREMENTS. All structures must be constructed of a material and of a design which is compatible with the natural environment as determined by the Planning Commission and City Council, and must conform with all applicable laws. (1993 Code,. 1645.06) GENERAL REGULATIONS .152.175 LOT REQUIREMENTS. (A) Lot size. Adjoining lots which were in common ownership on or after 8 -18 -1976 according to the real estate records of Hennepin or Ramsey County, Minnesota, will be deemed a single parcel if 1 or more of the lots is smaller than the minimum lot size required under the zoning code. (B) Principal structure. There may be no more than 1 principal structure on a lot in any R- 1, R -1A, or R -2 District. (C) Street lines. On a through lot, both street lines will be front lot lines for applying the yard and parking requirements of the zoning code. (1993 Code,. 1650.01) Penalty, see. 10.99 .152.176 ACCESSORY BUILDINGS. (A) In yards. No detached accessory building may be located within any yard other than the rear yard, except that garages may be located in side yards. (B) Minimum setback. No accessory building or any eave or other portion of any accessory building may be located within 3 feet of any property line, except as provided in division (F) below. (C) Accessory buildings attached. If an accessory building is attached to the principal structure, it will be considered a part of the principal structure and must comply with all setbacks and other requirements applicable to the principal structure. (D) Setbackfrom principal structure. Unless attached to and made apart of the principal structure, no eave or other portion of an accessory building may be closer than 5 feet from any eave or other portion of a principal structure, except as provided in division (F) below. (E) Design. All accessory buildings constructed after the construction of the principal structure must be designed and constructed in a manner consistent with the design and general appearance of the principal structure. Zoning Code 79 (F) Garage setback permit. A garage which will cover an area of no more than 528 square feet and no dimension of which is greater than 24 feet may be located within the side setbacks and/or rear setbacks if a setback permit has been issued for the garage under the following provisions of this section. (1) Application for a setback permit must be made in writing on forms provided by the City Manager and must be filed with the City Manager, together with a filing fee in the amount required under Chapter 33. The application must include a survey showing the proposed location of the structure and the structures on the property adjoining the setback in question. The application must also address the other matters to be considered by the Planning Commission and City Council, as set forth in division (B) above. The permit application will be considered by the Planning Commission and City Council, and notice of the hearing will be given, all in the same manner as provided in . 152.243 for conditional use permits. After the hearing by the Planning Commission, the City Council will grant or deny the permit, stating its reasons for doing so. (2) In granting or denying the setback permit, the City Council will consider the proximity of the garage to any structures on the adjoining property, the extent of vegetation or other screening on the subject property and the adjoining property, the effect of the garage on the light and visibility available to the adjoining property, matters of fire safety, the existing garages on the adjoining property, the ability to locate garages elsewhere on the subject property, and any other matters which may be relevant to the degree of encroachment into the setback. (3) If a setback permit is granted, it will run with the title to the property for which it was granted so long as the garage for which it was granted continues to exist. If that structure is destroyed or removed, the permit will automatically expire. (1993 Code, .1650.02) Penalty, see .10.99 .152.177 ENCROACHMENTS IN YARDS. The following are permitted encroachments in required yards: (A) Chimneys, flues, sills, pilasters, lintels, ornamental features, and bays which do not extend more than 3 feet into the yard or closer than 3 feet from the property line; (B) Yard light and nameplate signs which are at least 5 feet from any side property line; (C) Balconies which project no more than 5 feet into required front or side yards and are not closer than 5 feet from any property line, or balconies which project no more than 20 feet into required rear yards and are not closer than 25 feet from the rear property line; (D) Steps, stoops, and porches which extend into a front yard not more than 5 feet; (E) Terraces, steps, stoops, uncovered porches, and patios which extend into a side yard not more than 5 feet and are not closer than 5 feet from any property line;