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HomeMy WebLinkAbout6.m. Zoning Text Amendment: Fence Definition. CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: May 18, 2004. AGENDA ITEM: Zoning Text Amendment: Fence Definition AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner D ATTACHMENTS: Draft Ordinance, PC Minutes (4- 27 -04) APPROVED BY: RECOMMENDED ACTION: Motion to adopt an ordinance amending Ordinance B, the Zoning Ordinance, for the definition of Fences. ACTION: ISSUE This zoning text amendment is staff initiated to remove an inconsistency between Rosemount'sZoning Ordinance and the Minnesota State Building Code. It is considered to be a housekeeping item. BACKGROUND The current fence definition and standards date back to 1992. Prior to that time, fences were an exception to setbacks and had a height restriction of 6 feet. There was also a reference to preserving sight -lines at intersections. SUMMARY The inconsistency between building and zoning lies within the definition: FENCE: A fence is defined for the purpose of this ordinance as any partition, structure or wall, or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required yard. All fences are subject to a building permit as required by the Minnesota State Building Code The Minnesota State Building Code has no permit requirements for fences of less than six feet high, and the zoning ordinance prohibits fences exceeding six feet in height in Residential Districts. To solve the conflict, the definition should drop the reference "as required by the Minnesota State Building Code ", and substitute the words "review and approval ", and then the permit becomes strictly a local concern. There is a benefit to requiring a building permit for fences. It gives the Building Inspector an CITY OF ROSEMOUNT ORDINANCE No. B AN ORDINANCE RELATING TO THE DEFINITION OF FENCE AMENDING ORDINANCE B, SECTION 3.2 CITY OF ROSEMOUNT ZONING ORDINANCE Section 1 . Ordinance B, Section 3.2 the definition of Fence is amended to read as follows: Fence: A fence is defined for the purpose of this Ordinance as any partition, structure or wall, or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required yard. All fences are subject a to building permit as rv"ir-ed by the Mifmeseta State Buildi Gede review and approval Section 2 . This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 18 day of May, 2004. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Published in the Rosemount Town Pages this day of , 2004. Excerpt from the Regular Planning Commission Meeting of April 27, 2004 6F. CASE 04 -32 -TA Zoning Ordinance Text Amendment (Section 3.2 Definitions Definition of Fence) City Planner Rick Pearson presented the zoning text amendment staff has initiated to remove an inconsistency between Rosemount's zoning ordinance and the Minnesota - State Building Code. It is considered to be a housekeeping item. The current fence definition and standards date back to 1992. Prior to that time, fences were an exception to setbacks and had a height restriction of 6 feet. There was also a reference to preserving sight -lines at intersections. The inconsistency between building and zoning is in the definition: FENCE: A fence is defined for the purpose of this ordinance as any partition, structure or wall, or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required yard. All fences are subject a to building permit as r-eqWr-ed by the Minneseta State Building Go& review and annroval. The Minnesota State Building Code has no permit requirements for fences of less than six feet high, and the zoning ordinance prohibits fences exceeding six feet in height in Residential Districts. To solve the conflict, the definition should drop the reference "as required by the Minnesota State Building Code ", and the permit becomes strictly a local concern. There is a benefit to requiring a building permit for fences. It gives the Building Inspector an opportunity to ensure that the fence is properly built and footings are provided as necessary. The permit also requires that property owners verify their boundary lines to ensure that there are no encroachments onto neighboring property. The plan review also provides opportunity to verify zoning compliance. There will be future zoning text amendments concerning fences. Staff will be presenting recommendations concerning fences in the front side yard for corner lots. This is in response to recent variance requests involving corner lots, and the subsequent Council appeal. Staff expects that ordinance modifications such as these will be brought to the Planning Commission as issues arise regarding ordinance implementation and city zoning goals, Chairperson Messner opened the public hearing. Roxane Sipe, 14292 Crofton Ct., brought a letter for the commissioners. She also came to speak about the fence issue that she recently brought before the Commission. She provided an update as to the resolution of her fence issue, and recommended that the Commission look into the safety issues surrounding fence heights with residential pools. Page 2 MOTION by Messner to close the public hearing. Second by Humphrey. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nays: None. Motion carried. MOTION by Zurn to recommend that the City Council adopt an ordinance amending Ordinance B, the Zoning Ordinance, for the definition for Fences. Second by Powell. Ayes: Zurn, Messner, Humphrey, Powell, and Schultz. Nays: None. Motion carried. This item will proceed to City Council for final action on May 18, 2004.