HomeMy WebLinkAbout7.b. Zoning Ordinance Text Amendment related to Balconies or Patios
EXECUTIVE SUMMARY
City Council Regular Meeting: February 15, 2022
AGENDA ITEM: Zoning Ordinance Text Amendment AGENDA SECTION:
related to Balconies or Patios Public Hearing
PREPARED BY: Eric Van Oss, Economic Development
AGENDA NO. 7.b.
Coordinator
ATTACHMENTS: Ordinance APPROVED BY: LJM
RECOMMENDED ACTION:
Motion to Adopt an Ordinance Text Amendment to Section 6-3-5 of the Zoning Ordinance
related to Fires or Barbeques on Balconies or Patios.
SUMMARY
Under current City Code, an open flame is prohibited in any structure containing three (3) or more
dwelling units and no person shall kindle, maintain, or cause any fire or open flame on any deck/balcony
above ground level, or on any ground floor patio within fifteen feet (15') of the structure. Staff believes
this is somewhat restrictive and should not apply to structures in which each of the separate dwelling units
has its own private means of ingress and egress.
Legal Authority. Text amendments are considered legislative actions. In such cases, the City has a lot of
discretion in its deliberations and application outcome.
TEXT AMENDMENT
Staff reviewed other communities’ regulations on fires and barbeques patios and balconies. Staff also
consulted with the Building Inspector and Fire Chief regarding the safety of allowing barbecues on
balconies with private ingress and egress. Staff determined that allowing barbeques on balconies in which
separate dwelling units has its own private means of ingress and egress would be appropriate. Most other
cities in Dakota County allow dwelling units with private means of ingress and egress to have fires or
barbeques on balconies or patios. The safety issues that arise is when there is only a single shared hallway
egress and ingress to multiple dwelling units.
The proposed amendment would add the following provision that is currently listed under Fires or
Barbeques on Balconies or Patios:
6-3-5 (A) Open flame prohibited. In any structure in which there are two or more dwelling units on
more than one level, no person shall kindle, maintain or cause any fire or open flame on any balcony,
above ground level, or on any ground floor patio within 15 feet of the structure. This provision does not
apply to structures in which each of the separate dwelling units has its own private means of ingress and
egress.
RECOMMENDATION
Based on a review of the zoning ordinances of other communities and on the information contained
within this report, staff is recommending the City Council adopt an amendment to the zoning ordinance
to allow structures in which each of the separate dwelling units has its own private means of ingress and
egress to have fires or barbeques on balconies or patios.
2
City of Rosemount
Ordinance No. B-298
AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING
ORDINANCE B RELATING TO FIRES AND BARBAQUES ON BALCONIES OR
PATIOS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is
hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Section 6-3-5: Fires or Barbeques on
Balconies or Patios:
A. Open Flame Prohibited: In any structure in which there are three (3) two (2) or more dwelling
units on more than one level, no person shall kindle, maintain or cause any fire or open flame on
any deck/balcony, above ground level, or on any ground floor patio within 15 feet of the
structure. This provision does not apply to structures in which each of the separate dwelling units
has its own private means of ingress and egress.
In any structure containing two (2) or more dwelling units on more than one level, no person
shall kindle, maintain, or cause any fire or open flame on any deck/balcony above ground level,
or on any ground floor patio within fifteen feet (15') of the structure. This provision does not
apply to structures in which each of the separate dwelling units has its own private means of
ingress and egress.
Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
th
ENACTED AND ORDAINED into an Ordinance this 15 day of February, 2022.
CITY OF ROSEMOUNT
______________________
William H. Droste, Mayor
ATTEST:
Jessie Paque, Deputy City Clerk