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Melanie Curtis
From: Melanie Curtis
Sent: Friday, June 27, 2014 8:09 AM �
To: Ed Pekarik (eddiedeal@yahoo.com) ��-�� �� � C`
Cc: Jessica Loftus; Andrew Mack �
Subject: Fence &gate info 'V� �V` �/�v
Attachments: Item 06 143648.pdf
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Thanks for meeting with us yesterday. As you indicated, I will expect a call/email from you within the first part of]uly
with your timetable for compliance. Hopefully at that time we can also schedule a reinspection date and close the
violation file.
Below are links to the fence variance application I was telling you about yesterday. The situation is different from yours,
but you may be able to get an understanding of the review parameters. As you search the minutes, it is application
#14-3648.
Council Memo &exhibits ��1 �� �� u/�1'
Planning Commission Minutes l 1 /� i
Council Minutes #1 and #2 � ��
Sec. 78-1405. Nonencroachments. Link to section 78-1405
(a)The following shall not be considered to be encroachments on yard setback requirements:
(1)
Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices,
eaves, gutters, and similar building elements, provided they do not extend more than two
feet into a required yard.
�2)
Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of
this chapter; lights for illuminating parking areas, loading areas or yards for safety and
security purposes, provided the direct source of light is not visible from the public right-of-
way or adjacent residential property and is located at least five feet from the front lot line;
public utility poles and overhead lines; mailboxes.
(3)
Terraces, steps, uncovered porches, stoops or similar structures which do not extend above
the height of the ground floor level of the principal building and extend to a distance of not
less than two feet from any lot line. Window wells including those for fire egress which do not
extend more than five feet from the building. Sidewalks, driveways and parking areas when
constructed, located and used in compliance with other provisions contained within chapter
78. Driveways may extend to within five feet of a side lot line.
(4)
In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain
an aggregate area of more than 20 square feet, fire escapes not to exceed a width of three
feet and a depth of four feet, and open off-street parking.
(5)
In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying
equipment, and recreational equipment except as otherwise regulated; no accessory
structure shall be closer than five feet from a rear lot line.
�
Melanie Curtis
From: Melanie Curtis
Sent: Friday, June 27, 2014 8:09 AM
To: Ed Pekarik (eddiedeal@yahoo.com)
Cc: Jessica Loftus; Andrew Mack
Subject: Fence &gate info
Attachments: Item 06 143648.pdf
Ed
Thanks for meeting with us yesterday. As you indicated, I will expect a call/email from you within the first part of July
with your timetable for compliance. Hopefully at that time we can also schedule a reinspection date and close the
violation file.
Below are links to the fence variance application I was telling you about yesterday. The situation is different from yours,
but you may be able to get an understanding of the review parameters. As you search the minutes, it is application
#14-3648.
Council Memo &exhibits
Planning Commission Minutes
Council Minutes #1 and #2
Sec. 78-1405. Nonencroachments. Link to section 78-1405
(a)The following shall not be considered to be encroachments on yard setback requirements:
(1)
Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices,
eaves, gutters, and similar building elements, provided they do not extend more than two
feet into a required yard.
�2)
Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of
this chapter; lights for illuminating parking areas, loading areas or yards for safety and
security purposes, provided the direct source of light is not visible from the public right-of-
way or adjacent residential property and is located at least five feet from the front lot line;
public utility poles and overhead lines; mailboxes.
(3)
Terraces, steps, uncovered porches, stoops or similar structures which do not extend above
the height of the ground floor level of the principal building and extend to a distance of not
less than two feet from any lot line. Window wells including those for fire egress which do not
extend more than five feet from the building. Sidewalks, driveways and parking areas when
constructed, located and used in compliance with other provisions contained within chapter
78. Driveways may extend to within five feet of a side lot line.
(4)
In side or rear yards only, bays or cantilevers not to exceed a depth of finro feet nor to contain
an aggregate area of more than 20 square feet, fire escapes not to exceed a width of three
feet and a depth of four feet, and open off-street parking.
(5)
In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying
equipment, and recreational equipment except as otherwise regulated; no accessory
structure shall be closer than five feet from a rear lot line.
i
(6)
In side yards only, no accessory structure shall be closer than ten feet from any side lot line.
�7)
Air conditioning or heating equipment may be located within a required yard but shall be
located within five feet of the building it serves; shall not be located within an existing or
required drainage and/or utility easement; and shall be �ocated at least five feet from any lot
line.
�$)
Fences erected in all zoning districts are considered as a nonencroachment when they
conform to the following standards:
a.
Nonlakeshore lots.
1.
Fences and walls within a required front yard or side street yard shall not
exceed a height of 42 inches above original grade.
2.
Fences and walls within a required rear or side yard shall not exceed a height
of six feet above original grade.
b.
Lakeshore lots.
1.
Fences within the required street (rear) yard or side street yard of a
lakeshore lot shall not exceed 42 inches above original grade. Exception: A
fence not exceeding six feet in height may be located along the street lot line
of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare
for purposes of this section means any county road or state highway. If such
fence involves fill or berming, the total combined height of both fence and fill
shall not exceed six feet above the height of the crown of the major
thoroughfare.
2.
Fences within the required side yard of a lakeshore lot shall not exceed six
feet in height, and any portion located lakeward of the average lakeshore
setback line shall not exceed 42 inches in height. The term "average
lakeshore setback line" means a line drawn between the most lakeward
projection of the fence owner's principal residence structure and the most
lakeward projection of the adjacent affected principal residence structure.
3.
Fences shall not be constructed within the defined lakeshore yard of a
lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for
general development lakes, 100 feet for recreational lakes, or 150 feet for
natural environment lakes.
c.
z
Special provisions. Split rail fences of no more than three rails within a required front,
street or side street yard may have a maximum top rail height of 48 inches above
original grade. Board rail fences within a front, street or side street yard for the
specific purpose of enclosing permitted domestic animals may have a top rail height
of 60 inches and shall be no more than 50 percent opaque.
d.
Intersection sightline obstruction prohibited. No fence shall be installed so as to
obstruct a required clear view at street intersections as required by section 78-1371
e.
Fence construction and maintenance.
1.
The owner of a fence shall maintain it in a condition of reasonable repair and
appearance and shall not allow it to become or remain in disrepair or in a
dangerous condition.
2.
Fences shall be installed with the finished side facing neighboring properties
or the street. The term "finished side" means that side having no structural
supports.
�9)
Entrance monuments, defined for the purpose of this section as a nearly permanent physical
structure or object, natural or artificial, used to depict an entrance to the property, erected in
all residential zoning districts are considered nonencroachments when they conform with the
following standards:
a.
Each monument, with a maximum of two per approved driveway access, shall be
limited to a single pillar with a footprint measuring no larger than 25 square feet and
no length to exceed five feet;
b.
The monument must be setback a minimum of five feet from all property boundaries
and never fewer than ten feet from the edge of the paved, traveled roadway;
c.
Plans and/or elevation views of the proposed monuments are required to be
submitted for approval by the planning director;
d.
All signage proposed for the monuments must comply with section 78-1467
e.
The monuments are limited to eight feet in height including any appurtenances. Any
monument exceeding the maximum height must meet principal structure setback
requirements;
f.
When more than one monument is proposed, and serving two or fewer residences, a
minimum horizontal width of 16 feet is required between them;
9�
3
When more than one monument is proposed, and serving three or more residences,
a minimum horizontal width of 22 feet is required befinreen them;
h.
Lighting is allowed, in conformance with section 78-1573 and at the discretion of the
planning director.
i.
When a gate is proposed, the following requirements must be met:
1.
The gate must open into the property not outward towards the right-of-way,
and
2.
Gates serving two or fewer residences shall have a minimum horizontal width
of 14 feet in the full open position, and
3.
Gates serving three or more residences shall have a minimum horizontal
width of 20 feet in the full open position, and
4.
For all properties, gate height may not exceed the height of the monument,
measured from grade, unless principal structure setbacks are met(if
monuments are not proposed then gate height shall be regulated in
accordance with the fence height regulations of section 78-1405(8), and
5.
Gates must maintain an opacity level of no greater than 25 percent, and
6.
For locked and/or secured gates a knox box, meeting the standards set forth
by the police and fire department, must be provided for emergency access,
and
7.
On major thoroughfares the monuments and gates must be located 40 feet
from the paved, traveled road to allow for vehicle stacking. A major
thoroughfare for the purposes of this section means any county road or state
highway.
J�
A building permit is required for installation. A survey must be submitted depicting
where the monuments will be placed, and the property corner pins must be located
for inspection purposes.
(b)
The following shall not be considered to be encroachments on structure height requirements:
(1)
Parapet walls that extend no more than three feet above the height of the building.
�2)
HVAC cooling towers.
(3)
4
Elevator penthouses.
(Code 1984, § 10.03(15); Ord. No. 211 2nd series, §§ 1-5, 11-26-2001; Ord. No. 12 3rd series, § 1, 5-24-2004; Ord. No. 30
3rd series, § 1, 11-28-2005; Ord. No. 43 3rd se►ies, § 1, 2-25-2008; Ord. No. 106 3rd series, §22, 6-10-2013)
Melanie Curtis
Direct 952.249.4627
Planning &Zoning Office 952.249.4620
Email: mcurtisCo�ci.orono.mn.us
Website: www.ci.orono.mn.us
Summer Office Hours: May 19 through August 29, 2014
Monday through Thursday: 7:30 am to 5 pm & Fridays: 7:30 am to 11:30 am
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