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Home My WebLink About4.p. Set Public Hearing - Zoning Ordinance Amendment - Decks L City of Rosemount Executive Summary for Action City Coun.cil Meeting Date: October 5 1993 Agenda Item: Set Public Hearing for Agenda Section: Zoning Ordinance Text CONSENT AGENDA Amendment: Aecessory Appendaaes: Decks, Patios, Terra ces, Steps, etc. Prepared By: Lisa Freese Agend��R � � � � Director of Planning ,`� Attachments: Public Notice; Excerpt from App��ved By: - Existing Ordinance; Proposed G��fi Text Amendment Over the past couple of years the City has bee faced ith a number of deck variances . One of those variances was appealed to City Council in late 1991. At that time the City Council asked staff to look 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 ready to bring forward 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 that the language in the present ordinance. This ordinance is intended to resolve issues with existing development. A public hearing is required for all text amendments to the zoning ordinance. The Planning Commission recommended approval of the proposed amendment and recommended that a public hearing be set by the City Council for October 19 Council meeting. Recommeaded Aation: MOTION to schedule a public hearing on October 19 , 1993 at 8 : 00 p.m. or as soon thereafter as possible to consider a Zoning Ordinance Text Amendment regarding accessory appendages . City Council Action: 10/OS/93.001 t �XISTI�G 4RDINANC� - � B. Suoolementarv He�ht Re�,�lations 1. Permitted Exce tions. The following structural appurtenances shall be permitted to a heieht not to exceed twenry-five (S) feet in addition to the maximum hei¢ht permitted for the district pro��ded they do not impair the solar access of buildings on adjoining properUes and are not used for human occupancy or commercial enterprise. a. Ornamentation such as chu:ch spires, belfries, betl towers, cupolas, domes, monuments and fla£poles. b. Mechanical appurtenances such as solar collectors, chimneys,smoke stacks, elet•ator and staini•ell penthouses, antenaas, transmission tou-ers and other necessa.n� � structures. " C. Sunalementar• 1'�Td Rewlations 1. Per�itted Yzrd Encroachmeat�. I�o yard or required open space shall be so reduced i.z are2 or dimensioa so as to mz�:e any such area or dimension less than required b�� tais ordinance. If z!read�� less than the miaimum reauired; a �•ard shall not be further reduced. The follo�ing encroachments into required yards sha11 be permitted: a. tnecial Structural Elements attached to the princi�al builriin� such as chi�neys, solar• collectors, flues, bel[ courses, si!ls, pilastecs, Iintels, ornamental fe�tures, cornices, ea��es and �utters pro�ided the�• do not eatend more than ?-1/2 fect into a vard. � b. �'ard Lizhzs in "R` Districu not closer than fve (�) feet to the front lot line and li:.,�u in �11 districts for illuminatin, parki.*�g aze2s, loading areas or ��ards for safen� and secu:in• purposes pro��ded the direc[ source of light is not �isible from the public rieht-of-w�ay or adjacen[ iesidentia] prope;t��. ' ' c. Plar_tint and oraa�ental landscape features. d. Terraces. cteas. decks. uncot�ered porchec and patios u�ithin side aad rear �>ares and one-half of the f:oni }�a:d at the same leve] as the hei�ht of the �:�und floor level of the princ;pal buildin� pro�-;ded as follo�•s: � � i) The hiEnest ele��ation shall not e�ceed a hei£ht of three (�) feet abo��e tiie �:ound at the �:ound fioor level. 2) \o portion of the deci:ed or paved area is closer than five (�) feet to an}� lot lin,. e. Fences. k'alls, Hedc*es and Berms not eaceedin�six (6) feet in height, are permitted an)��here in che side or rear yards, but shall not exceed thirry (:�0) inches in front yards, pro�lded that no scructure shall interfere��th the traffic sir_ht Cistance. Said structures located in recorded easements is the sole risk of the property ow�ner; and tl:e cost of any removal, relocauon or placement of said structures caused bv any acti��ty permitted in said easements is Che sole responsibiliry of the property o��ner. � f. Balconies and Decl.� may also project into a required rear, front or street side yard a distance not to exceed five (�) feet. g. Detached Ficnic S�elters, open arbo:s and trellises, recreation equipment, unenclosed stai-ways and fire escapes may project only into a required rear yard aad shall co:form to setbaci:requirements for accessary buildings. Refer to Section 7� A. '_'. Re_ouired Side and Rear Yard Enlar ement a. Corner Lots. Where a side ya:d abuts a street ��nich is adjacent to the front ��ard of one or more resider.ual lou on t�e same block, sucn side ��ards shall meet the fror,t ��ard seib2ck reqci:emeni o: the District. The sane va:d dimension e�eter�ine� So� c;"; 2 sice ��are' shall appl�� to st:uctures in t�e rear ��ard. . � z�� o osemoun� PHONE (612)4234411 2875-145th Street West,Rosemount,Minnesota MAYOR FAX (612)423-5203 Mailing Address: Edward B.McMenomy P.O.Box 510,Rosemount,Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen James(Red)Staats 1 l.1�111L+ ��I.la,.a,. Harry Wilicox Dennis Wippermann TEXT LilV1GNDMENTS TO ApMINISTRATOR Stephan Jilk CITY OF ROSEMOUNT ZONING AND SUBDIVISION ORDINANCES (Accessory Appendages) TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing to consider the items listed below on Tuesday, October 19, 1993 in the Council Chambers of the City Hall, 2875 i45th Street West, beginning at 8:00 p.m. or as soon thereafter as possible. The purpose of this hearing is to consider text amendments to the City of Rosemount zoning and subdivision ordinances for the clarification, distinction of accessory appenda.ges 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 tl�e hours of 7:30 a.m. to 4:00 p.m., Monday through Friday. Persans wishing to speak on these proposed amendments are invited to attend this public hearing on Tuesdav. Oetober 19, 1993 at 8:00 p.m. Dated this Sth day of October, 1993. Susan M. Walsh, City Clerk City of Rosemount Dakota County, Minnesota �ver�l�ings �omtng ��,� �osevnounl�� . . . � 4�.ecvUetl oaoe, � � . � � � . -. . � �� o osevv�oun� PHONE (612)423-4411 2875•145th Street West,Rosemount,Minnesota MAYOR FAX {612)423-5203 Mailing Address Edward B.McMenomy P.O.Box 510,Rosemount,Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen James(Red)Staats Affidavit of Posted Hearing Notice oe n sr W ppe mann ADMINISTRATOR TEXT AMENDMENTS TO CITY OF scepna��iik ROSEMOUNT ZONING AND SUBDIVISION ORDIl�TANCES STATE OF 11✓IINNESOTA ) COUN1'Y OF DAKOTA ) SS CITY OF ROSEMOUNT ) Susan M. Walsh, being first duly sworn, deposes and says: I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On July 7, 1993, acting on behalf of the said City, I posted at the City I3all, 2875 145th Street West, Rosemount; Minnesota, a copy of the attached notice of a Public Hearing . for consideration of text am�ndments to Ordinance B - Ciry of Rosemount Zoning . Ordinance and City of Rosemount Subdivision Ordinance regarding specific requirements as outlined in said notice. Susan M. Walsh City Clerk City of Rosemount Dakota County, Minnesata Subscribed and sworn to before me this day of , 1993. Notary Public C�ver��ivigs �omireg `(J�� osemounl�� .. � . . . . � ��recvaee oanP, . � . . � . PROPOSED ZONING ORDINANCE TEXT AMENDMENTS - DECKS & PATI03 Section L Section 7.2 C.1. SurPLEME1vTAItY YAItn REGVLATIONS of Ordinance B - City of Rosemount Zoning Ordinance is arnended to read as follows: d, Accessory Appendages: 1) Terraces, Steps and Stoops to the front (main) entrance of a structure may encroach into the required front, street side, or side yards by not more than fifteen (15) feet. I3owever, in no case shall they be closer than five (5) feet to a lot line or encroach into an utility easement, whichever is more restrictive. 2) Balconies Decks and Uncovered Porches may encroach into a required yard area as follows: (a) �Yont 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 front yard area fifteen (15) feet. Balconies, decks, and uncovered porches higher than two (2) feet may only encroach into required front yards by five (5) feet. In no case shall any balcony, deck, or uncovered parch be closer than five (5) feet to a lot line or eneroach into an utility easement, whichever is more restrictive. � (b) Street Side Yards. If the balcony, deck, or uncovered porch is less than two (2) feet in height above fuushed grade (not including railings) measured vertically at the face of the principal structure; it may encroach into the required front yard area fifteen (15) feet. Balconies, decks, and uncovered porches higher than two (2) feet may only encroach into required front yards by five (5) feet. In no case shall any balcony, deck, or uncovered porch be closer than five (5) feet to a lot line or encroach into an 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 restrictive. (d) Side Yards. Five (5) feet into a required side yard area but no closer than five (5) feet to a lot line or encmach into an utility easement, whichever is more restrictive. g. 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 Seetion 7.2 A. Accessory Structures. h. Satellite Dishes in "R" Districts shall not be closer than ten (10) feet from a side or rear lot line and shall not be pla.ced in front or street front yards. . . . i. Decorative Landscaping Trees Shrubs and other aesthetic or scul�tural elements including arbors and treilis within the front, side, street side and rear yards except within sight triangles adjacent to intersections on corner lots. Section 2. Section 7.2 B.1. SUPPLEMENTARY IiEIGHT REGLTLATIONS of Ordinance B - City of Rosemount �ning Ordinance is amended by adding the following: (b) Setbacks for all antennas in "R" Districts shall be equal to the height of the antenna.