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HomeMy WebLinkAbout6. Zoning Ordinance Amendment - Accessory Appendages APFIDAVIT OF PUBLICATIQN STATE OF MlNNESOTA � SS County of Dakota ) NANCY J. GUSTAFSON, being duly sworn,on ooth soys that she is an cuthwized agent and employee of the publisl+er of the newspaper keown�Dalcoto County Tribuee,and hos fuli knowledge of the facts which ore staited betowc PUBL1��:NOTICE�_;�- - ���To �c�r oF:Ros�ouHr zoNn,� �� �N�suswv6tON oRpNANCE�x ., (A)The�rewspoper has complied with a!f of the requirements constituting quolification es a 1ega1 � TO WHOM IT�MAY CO�� ` news , �I� ���Y G �� paper,as provided by Minnesoto Statute 331 A.02,331 A.07 and otherapplicable laws,as amended. Camcil af the C►b!�of Rosemaua�`t vvili l�oid a � ���y October 19 199Ci 3n� CaiocilCbambers�thet�tyiia1F.2875145t6 �B)The pri�Med t�'�t West,beginning at 8:00 p.m:or assoon :tLe�e�after as poasibk�..�..�.-. '" - �`;.3be�e of this heanng is to i�ider �t amm�o�ts to the G5ty of Ro�nn�mt ;sooiag�and subdivision'ot^dinanoes for;-ffie danfcallon,diatinetion oE acoe�ory appen. �.�nto,�c cate8ones, and estab- :1'mhment ot.aetback requ�rements far etih =ca0egoryy�;:za+� �.r�:.:zb�r '�.,a,���'7-t' _�. . . � Oopies�the pinnosed amendments"an• which is oftached was cut from the columns of soid newspoper,and was pcinted ond published once ava�ble fa�review and oommeat at(S�y Hal! bqted akSB75145th S4�eet West;betwemihe 'hoa�s�7:30 a m io:4 00 p.m.;-A(apday ;��Y�.-�w�3.����-r��;... �,y�q��{�+� . 't was ��1�8�st�ealc aa ti�ese propos. ,ed anneadments are invtted 2o atMod Uds 'P��'►uB on Tws�yr Oe�e6r 19 199t�r (,.�� /� ��'1A' first published on Thursday,the�doy of _Q �.�`-�C./' Ik�ted tltis'Sth day of detober,1993 � , �san M.Waish,City Qerk,;;�� �,, „� �t}�of Rosemount - ,� �, . UBYOts Cqiphr��japC�qtg .. 18t � ^ .�ra ,�, 4��p , _ _:, 19 , and wos thereafter primed and published on every Thwsdoy to ond includin9 Thursdoy,the day of ,19 , and printed below is a copy oF the lower cose alphobet hom A to 2,both inclusive,whicfi is hereby acknowledged os being the size and kind of rype used in the eomposition and publicotion of the notice: ' . ' abcrfe•f�hi.iklntnn�xp�:iu�•�cx}z BY: TITLE:Secretory blis Subscribed ond sworn to before on this,—{s,�.-C-�d°y°f v Cl Notary Pubiie �.?E'�9i0u^ONAd1Ir0 ;j:.�; CAROLJ.NAVERLAND �''�< ee �i NOTARYPiJEII^v-AilAtNESOTA DAKOTA COUNTY �3.'` MY Comm�sion E�S Oec.3.f�S City of Rosemount Executive Summary for Action City Council Meetiag Date: October 19. 1993 Agenda Item: Zoning Ordinance Text Agenda Section: Amendment: Accessory Appendaqes: Decks, PUBLIC HEARING Patios, Terraces, Steps, etc. Prepared Bys Lisa Freese Ageada���c� � � � Director of Planning Attachments: Proposed Ordinance 8-33; App �: Existing Ordinance, Public Notice Over the past coupls of years the City has bee faced th a number of deck variances. One of those variances wa� appealed to City Council in late 1991. At that time the City Council asked staff to loak into the existing ordinance and try to improve it, Building and Planning staff agree that this portion of the zoning ordinance is confusing and can result in multiple interpretations of its meaning. With the assistance of Building Inspector Paul Heimkes, the Planning staff and Planning Commission are presenting an amendment to clarify requirements for decks and other accessory appendages in the zoning ordinance. For the most part, the proposed requirements are the same as the existing ordinance or slightly less restrictive for these types of structures. The language used to accomplish these requirements is more straightforward and understandable than the language in the present ordinance. This ordinance is intended to resolve issues with existing development. An outline summarizing the different between the proposed and existing ordinance is attaehed. A public hearing is required far all text amendments to the zoning ordinance. The Planning Commission recommended approval of the proposed amendment on September 28, 1993 . Recoaunended Actioa: A MOTI4N to adopt ORDINANCE B-33, AN ORDINANCE AMENDING ORDINANCE B, CITY OF ROSEMOUNT ZONTNG ORDINANCE. City Council Actioa: 10(19/93_002 Accessory Appendages Text A►mendment Sumnlary of Changes. The text amendment for decks and patios is intended to clarify the existing ordinance. The following changes are accomplished by the amendment: 1) Balconies, deeks and uncovered porches will be separated and be treated differently than terraces, patias, steps and staops. The only change is that balconies, decks and uncovered porches can extend into front yards five fee� instead of fif�een, and can now extend fifteen feet into a rear yard instead of five feet. Interior side yard deck setbaeks are reduced from ten to five feet; 2) The confusing references to "ground floor level° will be removed and replaced with a si.mplified approach; 3) Utility easements will be protected by reference in the amendment; 4) Front, side, street-side and rear yards are separated for individual clarity; 5) Homeowners will now be able to embellish their properties in the front yard with arbors, trellises and decorative landscaping as long as visibiiity at intersections is maintained, 6) Satellite dishes will no longer be al-lowed in front yards, but will have less restrictions �n rear yards; and, 7) Antennas which are currently not addressed, will have setbacks equal to their heights. City of Rosemount Ordinance No. B-33 An Ordinance Amending Ordinance B City of Rosemount Zoning Ordinance The City Council of the City of Rosemount, Minnesota Ordains as Follows: Section I. Section 4.12 SATELLITE DISHES AND SOLAR COLLECTORS af Ordinance - City of Rosemount Zoning Ordinance is to read as follows: Satellite dishes and solar collectors shall be permitted in all districts and subject to the setback requirements in Section 7.2 C.L Section II. Section 7.2 B.1. S�.rnP�iv'r�tY HIIG�r REGv�,ATTONS of Ordinance - City of Rosemount Zoning Ordinance is to read as follows: (c) 5etbacks for all antennas in "R" Districts shall be equal to the height of the antenna. SectioII III. SectiOII 7.2 C.1. S[1PPLEMEN�'AItY YAltu REGi71.ATIONS Of OrdinanC¢ B - City of Rosemount Zoning Ordinance is amended to delete subsections c. through g. and replace with the following: c. Decorative Landscaping•, Trees Shrubs and other aesthetic or sculptural elements includin� arbors and trellis within the front, side, street side and rear yards except within sight triangles adjacent to intersections on corner lots. d. Accessory Appenda�es: 1) Terraces. Steps, and Stoops to the fmnt (main) entrance of a structure may encroach into the required front, street side, or side yards by not mare than fifteen (15) feet. However, in no case shali they be closer than five (5) feet to a lot line or encroach into an utiliry easement, whichever is more restrictive. 2) Balconies, De�ks, 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 (2) feet 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 ama fifteen (15) feet. Baleonies, decks, and uncovered porches higher than two (2) feet may only encroach into required street front yards by five (5) feet. In no ca.se shall any balcony, deck, or uncovered porch be closer than five (5) feet to a lot line or encroach into a utiliry easement, whichever is more restrictive. (b) Street Side Yards. If the balcony, deck, ar uneovered porch is less than two (2) feet in height above finished grade (not including railings) mea.sured vertically at the face of the principal structure; it may encroach into the required street side yard area fifteen (15) feet. Balconies, decks, and uncovered porches higher than two (2) feet may only encroach inta required street side yards by five (5) feet. In no case shall any balcony, deck, or uncavered porch be closer than five (5) feet to a lot line or encroach into a utility easement, whichever is more restrictive. (c) Rear Yards. Fifteen (15) feet into a required rear yard area but no closer than fifteen (15) feet to a rear lot line or encroach into an utility easement, whichever is more restrictave. (d) Side Yards. Five (5) feet into a required side yard area but no closer than five (5) feet ta a lot line or encroach into an utility easement, whichever is more restrictive. e. Picnic Shelters Gazebos Pool Houses Stairs Fire Escapes and Recreation ui ment may be placed only in side or rear yard area.s and shall conform to the requirements of Section 7.2 A. Accessory Structures. f. Satellite Dishes in "R" Districts shall not be closer than ten (10) feet from a side or rear lot line and shall not be placed in front or street front yards. S�o1v IV. This ordinance shall be effective immediately upon its passage and publication according to law. Enacted and ordained into an Ordinance this day of , 1993. CrrY oF RosnKovrrr E.B. McMenomy, Mayor ATTEST: Susan M. Wa1sh, City Clerk Published in the Dakota County Tribune this day of , 1993. �XISTI�G C�RDINANC� . . � . . .- B• �olementarv Hei�ht Re�ulations 1. Permitted Excentions. The following structvral appurtenances shall be permitted to a height no[ to exceed tweary-five (25) feet in addiuon to the ma.vmum hei¢ht permitted for the district pro��ded they do not unpair the solar access of buildinr�,s on adjoiniag properties and are no[ used for human occupancy or commercial enterprise. a. Ornamentation such as church spires, belfries, bell towers, cupolas, domes, monuments and flagpoles. b. Mechanicat ARpurtenances such as solar collectors, chimneys,smoke stacks, elelator ` aad stainvell penthouses, antennas, transmission to��ers and other necessan � scructures. - - C. Suaalementar�• 1'�rd ReQulations 1. Per�itted Yzrd Encroachme:�ts. I�o yard or required open space shall be so reduced i� are2 or dimension so as to ma}:e any such area or dimension less than required by tais ordinance. If z?ready less than the minimum requued, a v2rd shall aot be further reduced. The folloxing encroachmenu into required vards shall be germitted: a. Siecial Suuctural Elements attached to the principal buildin¢ sueh as chimne��s, ' sotar• collectors, flues, belt courses, si�s, pilasters, Iintels, ornamental features, cornices, eaves and gutters pro��ded cbe�• do not ea-tend mo:e than 3•1/"L feet inio a vard. . b. Yard Li2h�s in "R' Districts not closer than five (�) feet to the front lot liae and li�u in all di.stricts for illu�inaan� par�;i:�g areas, loading areas or yards for saten� and secu:in� purposes pro�zded the direct source of li£ht is not �isible from the public ri�ht-of-w�ay or adjacent residenual propert�f. ' . c. Plantin^ and oraamen[al landscape features. d. Terraces. steps. decks. un�o�°ere� porchec 2nd patios v.tithin side a�d rear ��are�s and one-�alf of the f:ont ��ard at tbe same level as the hei�ht of the �:ound floor level " of the princ;pal builaing pro�idzd 2s follaw�s: i) The hisnest eleti�auon shzll not exceed a heisht of three (3) feet above the c:ound zt the g:ound floor leveL 2) \o portion of the decked or paved area is closer than five (�) feet to an�� lot lizc. e.. Fences. �'alls. Hed�es and Berms not exceeding six{6) feet in height, are permitted an}�where in the side or rear yards, bui shall not exceed thirry (30) inches in front yards, prot�ded that no structure shall iaterfere ��dth the traffic sieht distance. Said structures loc�►ted in recorded easements is the so�e risk of the proper�ty ou�ner; and the cost of any remoc�al, relocation or placement of said suuctures caused by any actiti�ity permitted in said easemenu is the sole zesponsibiliry of the property o��ner. � f. Balronies and Decks may also project into a required zear,front or street side qazd a distance not to exceed five (�} feet. g. �etached Picnic S�eiters, open arbo.s and trellises, recreation equipment, �nenclosed stai.-��avs �td fue escapes may project only into a reouired rear yard a.-�d shall co:.forrr. to setback requirements for accessory buiidings. Refer to Section 7.2 A. '?. Reouued Side and Rear Yard Enlareement � a. Corner Lc�ts. Where a side yard abuts a sueet v��nich is adjacent to the front ��ard of one or more reside�tial lots on the same bloek, sucn side yards shall meet the fror,t }�ard setback req�:i:ement o: the District. The sane ya:d di�ension e�eter:ained fo: sucn a sice ��a;� shall appl�r to structures in the re4r �rard. i�� o osev�.o�vi� PHONE (612)423-4411 2875•145th Street West,Rosemount,Minnesota �q,qypq FAX (612)42&5203 Mailing Address: Edward B.McMeoomy P.O.Box 510,Rosemount,Minnesota 55068�0570 COUNCILMEMBERS Sheila Klassen James(Red)Staats Publie Notice We�ry W���X Dennis Wippetmann j l'+� �NDMENTS TO ADMINIS'fRATOR Stephan Jipc CITY OF ROSEMOUNT ZONING AND SUBDIVISION ORDINANCES . (Accessory Appendages) To WHOM IT NIAY CONCERN: NoTTCE Is HE�BY G�vnv, the City Council of the City of Rvsemount will hold a public hearing to consider the items listed below on Tuesday, October 19, 1993 in the Council Cbambers of the�City Hall, 2875 145th Street West, beginning at 8;00 p.m. or as soon thereafter as possible. The purpose of thi.s hearing is to consider text amendments to the City of Rosemount zoning and subdivision ordinances for the clarification, distinction of accessory appendages into specific categories, and establishment of setback requirements for each category, Copies of the proposed amendments are available for review and comment at City Hall located at 2875 145th Street`West, between the hours of 7:30 a.m. to 4:00 p.m., Monday through Friday. Persons wishing to speak on these proposed amendments are invited to attend this public hearing on �esdav. Oetober 19, 1993 at S•00 �m Dated this Sth day of October, 1993. Sus M. Wal , City Clerk City of Rosemount Dakota County, Minnesota C�verc�t�ing's �oming IUL� �osemountil � �.,K,����.