HomeMy WebLinkAbout2.d. Fence Policy.w
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR DISCUSSION
COMMITTEE OF THE WHOLE MEETING DATE: October 10, 2001
AGENDA ITEM: Fence Policy
AGENDA SECTION: Discussion
PREPARED BY: Rick Pearson, City Planner
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ATTACHMENTS: Zoning Ordinance Excerpt
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This item is being presented based upon the Jaques' fence variance that was granted by the
Council on appeal. The current ordinance restricts fence heights to 42" in front yards in all
districts. The Jaques variance was based upon a restriction on the height of a fence in their rear
yard adjacent to their neighbor's front yard, a situation common to corner lots.
The ordinance language that resulted in the variance request is found in two places in the zoning
ordinance on pages 105 and 106. Paragraph 7.2.C. Le (bottom of page 105) restricts fences in
front yards to 42" in height. Paragraph 7.2.C.2.a deals with corner lots, making the street -side
yard function the same as a front yard. This is an important clause in the ordinance, because it
preserves "openness" at intersections and the views along front -yards in both directions.
Staff is seeking Council direction
RECOMMENDED ACTION:
Intended for discussion and direction only.
COUNCIL ACTION:
to a lot line or encroach into a utility easement, whichever
is more restrictive.
(2) Balconies, decks, and uncovered porches may encroach
into a required yard area as follows:
(A) Front Yards: If the balcony, deck, or uncovered
porch is less than two feet (2') in height above finished
grade (not including railings) measured vertically at the face
of the principal structure; it may encroach into the required
street front yard area fifteen feet (15'). Balconies, decks and
uncovered porches higher then two feet (2') may only
encroach into required street front yards by five feet (5') . In
no case shall any balcony, deck or uncovered porch be
closer than five feet (5') to a lot line or encroach into a
utility easement, whichever is more restrictive.
(B) Street Side Yards: If the balcony, deck or
uncovered porch is less than two feet (2') in height above
finished grade (not including railings) measured vertically
at the face of the principal structure; it may encroach into
the required street side yard area fifteen feet (15').
Balconies, decks and uncovered porches higher than two
feet (2') may only encroach into required street side yards
by five feet (5'). In no case shall any balcony, deck or
uncovered porch be closer than five feet (5') to a lot line or
encroach into a utility easement, whichever is more
restrictive.
(C) Rear Yards: Fifteen feet (15') into a required
rear yard area but no closer than fifteen feet (15') to a rear
lot line or encroach into a utility easement, whichever is
more restrictive.
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rt1A e. Fences and walls not exceeding six (6) feet in height, are
e j�' permitted in any District in the side or rear yards, but shall not exceed 42
inches in front yards, provided that no structure shall interfere with sight
(D) Side Yards: Five feet (5') into a required side
yard area but no closer than five feet (5') to a lot line or
encroach into a utility easement, whichever is more
restrictive.
City of Rosemount
Page 105
distances for vehicles approaching intersections. Fences not exceeding
eight (8) feet in height are permitted in all Commercial Districts except
along property lines adjacent to Residential Districts. All fences located in
recorded easements are the sole risk of the property owner; and the cost of
any removal, relocation, or placement of said structures caused by any
activity permitted . in said easements is the sole responsibility of the property
owner. Link fences shall be constructed in a manner that no barbed ends
shall be at the top. Barbed wire and electric boundary fences not exceeding
six (6) feet in height shall only be permitted in the AG, AG -P, and RR
Districts when related to agricultural or permitted uses relative to animal
husbandry. (Ord. B -21, 6- 16 -92)
f. Picnic shelters, gazebos, pool houses, stairs, fire escapes and -
recreation equipment may be placed only in side or rear yard areas and
shall conform to the requirements of subsection 7.2.A.6. Accessory
Buildings.
g. Satellite Dishes in "R" Districts shall not be closer than ten feet
(10') from a side or rear lot line and shall not be placed in front or street
front yards. (Ord. B -33, 10- 19 -93)
h. Security fences not exceeding eight feet (8') in height are
permitted in the IG and WM Districts. Barbed wire, not exceeding three (3)
strands, may be permitted on top of the fence, providing the arms do not
project over the public right of way or any adjacent public or private
property. The minimum height of the bottom strand of barbed wire shall
not be less than six feet (6') from finished grade. In all cases where a
barbed wire security fence is requested, an application shall be made to the
Building Official. A Certificate of Insurance indemnifying the City shall be
submitted with the application subject to the approval of the City Attorney
as to form and in an amount as set forth in Minnesota Statutes Section
566.04. (Ord. B -21, 6- 16 -92)
2. Required Side and Rear Yard Enlargement:
a. Corner Lots: Where a side yard abuts a street which is adjacent
to the front yard of one or more residential lots on the same block, such
side yards shall meet the front yard setback requirement of the district. The
same yard dimension determined for such a side yard shall apply to
structures in the rear yard.
b. Through lots shall provide the required front yard on both streets.
City of Rosemount
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Page 106