HomeMy WebLinkAboutNotice of council action - variance request-2009 CITY OF ORONO
2750 Kelley Parkway NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 DATE OF NOTICE: 23 September 2009
952.249.4600
TO: Bob Near COPIES: John Brooks
Streeter&Associates 905 Ferndale Rd West
18312 Minnetonka Blvd. Wayzata, MN 55391
Wayzata, MN 55391
DATE OF MEETING: September 14, 2009
Direction Given:
Owner should make an application for fence height and hardcover variances. Contact the
Planning Department to schedule a pre-application meeting.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
after review and approval by the City Council.
If you have questions please call Melanie Curtis, Planning & Zoning Coordinator, at
952.249.4627.
REQUEST FOR COUNCIL ACTION
Date: 11 September 2009
Item No. 'j
Department Approval: ,/�� �� Administrator Approval: Agenda Section:
Name: Melanie Curtis �
Title: Planning & Zoning Coordinator
Item Description:
John & Joan Brooks — 905 Ferndale Rd W— Construction of an 8 foot fence w/in ROW
Zoning District: LR-1A, One Family Lakeshore Residential —2 acre
List of Exhibits:
Exhibit A - Letter of Request from Bob Near on behalf of the Brooks'
Exhibit B - Proposed Fence Design
Exhibit C - Site Plan
Exhibit D - City Code Sections
Exhibit E - Encroachment Agreement Template
Application Summary:
There is currently a 4' wooden split rail fence in the right of way along the property approximately 4'
off of the paved surface of Ferndale Road. The property owners wish to replace the existing fence
with an 8' high fence located 10' off of the paved surface of the road still in the right of way. The
proposed fence would consist of steel fence posts located every 8' and 11 concrete/stone pillars
located at strategic points along the fence as shown in Exhibit C. Two versions of the proposed fence
are attached for Council consideration.
Planning Staff Recommendation
The existing wooden fence could be reconstructed in-kind in its current location under State Statute.
The property owner wishes to improve on the setback of the fence with the new fence, however
increasing the height of the fence from 4' to 8' and using a more permanent monument and fence
post is inconsistent with an "in-kind" construction and poses considerably more liability than an all
wooden structure.
The zoning ordinance addresses fences as nonencroachments to a setback. Along the rear property
lines of lakeshore lots a 42" high fence is allowed. Six feet is the maximum height permitted by City
Code for fences constructed within a required yard. Further, if a fence were to be constructed at the
principal building setback it may exceed the 6' limitation by providing engineered calculations showing
it will meet Building Code requirements for wind loads.
MnDOT does not provide guidance on roadways with speeds under 40 mph; Ferndale Road West is
a 30 mph roadway. An ultra conservative interpretation of MnDOT's clear zone requirements could
require the clear zone to be as much as 15' from the pavement depending on the amount of traffic,
ditch slope, and road curvature. Public Works has indicated that a clear zone of 10' would be
necessary for snow storage purposes but this does not address additional clear zone safety
requirements.
Normally the City would require an encroachment agreement to allow a structure in the right of way.
Attached as Exhibit E is a template of what staff would expect the agreement to cover. Such an
agreement would be appropriate in this situation if the Council approves a fence in the right of way.
Other factors that the Council may wish to consider include the location of the fence near a wetland,
lake views being impeded by travelers along Ferndale Road West. Staff would note that examples of
similar fences provided by the applicant are located in the City of Wayzata.
COUNCIL ACTION REQUESTED
Review the request and advise the applicant and staff whether this project should move forward as is
or with modifications. If the Council feels the proposal is appropriate the Planning Commission should
review the request for the height variance for the 8' fence.
Council
Exhibit A
September 8, 2009
Melanie Curtis
Planning and Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Re: Proposed Fence for the John & Joan Brooks residence
905 Ferndale Road West, Wayzata, MN 55391
Dear Melanie,
As you requested, we are providing a summary of the request by John & Joan Brooks to
build a fence at their property at 905 Ferndale Road. We look forward to meeting with
you and city council members on Monday, September 14th at 7:OOPM to review the
proposed fence drawings in greater detail.
The Brooks' main reason to build a new fence at this location is that they feel the
existing fence has become a blot on the landscape, particularly compared to the rest of
their property and to the property edge treatments of their neighbors along Ferndale
Road. The fence has been in place as long as anyone can remember (at least 30-40
years), and is associated with the design of a home that has been gone for nearly 25
years. The homeowners wish to replace the fence with something that is similar to other
elements/structures on the property and more in keeping with the way neighboring
properties have treated their property edges along Ferndale Road.
Following is a summary of the proposed fence as it relates to current zoning ordinances.
1. Fence Location. The current fence is located approx. 4' from the edge of the
asphalt along Ferndale Road. We are proposing moving the fence back to 10'
from the edge of the asphalt along Ferndale. There is a 25' right of way along
Ferndale, however, site conditions on the property are such that there is a large
drop-off to a low lying area on the property approximately 12' from the road edge.
The 25' right-of way runs through the middle of this low-lying area. This area
floods during the spring snowmelt season, as well as during large summer rain
events. The property between the street and the house is also very wooded.
Placing the fence at the edge of the right of way would not make sense in this
instance. We have reviewed the proposed location of 10' from the asphalt edge
with Don Debar, the city of Orono street supervisor and he was in support of the
proposed placement and feels that moving the fence 6' further from the street
would be an improvement in regards to snow removal when compared to the
existing fence being 4' from the road edge.
2. Fence Height. The proposed fence is 6'-6" tall with accent arches being 8'-0" tall.
Current zoning ordinances allow for a fence of 42". To create a proper sense of
scale & security and overall demarcation of the property border, it is important
that the fence be equal in height to a taller human body. The proposed fence is
equal in height or shorter than many of the fences on neighboring Ferndale Road
properties.
See photos below showing neighboring fences and property edge treatments.
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Please contact me if there is anything else I can provide prior to our meeting on
Monday September 14t"
Sincerely,
Bob Near
Streeter and Associates, Inc.
bnear@streeter-associates.com
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Exhibit D
Public road means the entire area dedicated to public use, or contained in a plat, an
easement or other conveyance, grant or by adverse possession, to the city or other
governmental body, and shall include but is not limited to roadways, boulevards, sidewalks,
trails, alleys and other public property between lateral property lines in which a public roadway
lies. Where traveled public roadways exist in a location not shown on the platting map, the
right-of-way shall not be less than ten feet wide on each side of the actual paved or traveled
roadway surface.
Sec. 18-2. Obstructions.
It is a misdemeanor for any person to place, deposit, display or offer for sale any fence,
goods or other obstructions upon, over, across or under any street or private road without first
having obtained a written permit from the city, and then only in compliance in all respects with
the terms and conditions of such permit, and taking precautionary measures for the protection
of the public. An electrical cord or device of any kind is included, but not by way of limitation,
within the definition of an obstruction.
78-1405. Nonencroachments.
(7) Fences erected in all zoning districts are considered as a nonencroachment when they
conform to the following standards:
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.
(8) 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;
g. When more than one monument is proposed, and serving three or more
residences, a minimum horizontal width of 22 feet is required between
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(7), 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.
Council
Exhibit E
(reserved for recording infonnation)
ENCROACHMENT AGREEMENT
AGREEMENT made this day of , 2008, by and between the CITY
OF BURNSVILLE, a Minnesota municipal corporation ("City"), and
("Owner").
1. BACKGROUND. The City is the fee owner of certain property located within the City of
Burnsville, County of Dakota, State of Minnesota legally described as LoT_, B�ocx_, ,
having a street address of , (the "subject property"). The City owns the property
for park purposes. The Owner is the fee owner of certain property located within the City of ,
County of , State of Minnesota legally described as LoT_,Btocx_, , having
a street address of , (the "benefiting property"). The Owner has constructed a
fence on the subject property.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment
of the existing fence upon its property, subject to the conditions set forth in this Agreement. No additional
structures may be placed upon the subject property without prior written approval by the City.
3. MAINTENANCE AND REPAIR OF FENCE. The Owner shall be solely responsible for
all costs relating to the maintenance and repair of the fence, including any damage to the fence caused in
1
whole or in part by the City's use and maintenance of the park. This maintenance agreement is an
obligation of the Owner and shall be binding upon the executors, administrators, successors and assigns of
the Owner. The fence may be repaired but may not be replaced in whole or in part by the Owner without
prior written approval of the City.
4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach
on the City's property, the Owner, its successors and assigns, hereby agrees to indemnify and hold the City
harmless from all costs and expenses, claims and liability, including attorney's fees,relating to or arising out
of this grant to the Owner of permission for the existing fence on the subject property. The Owner further
agrees to indemnify and hold the City harmless from any damage caused to the subject property, including
the fence on the subject property, caused in whole or in part by the use of the subject property.
5. TERMINATION. The City may, at its sole discretion, terminate this Agreement at any
time by giving the Owner thirty (30) days advance written notice. Following notice, the Owner shall
remove the fence, at the sole expense of the Owner. If the Owner fails to remove the fence as provided in
this paragraph, then the City may remove the fence and charge the cost to the Owner or have it assessed
against the benefiting property. This Agreement will also terminate upon the removal or destruction of the
fence in whole or in part exceeding 50%of the lineal feet of the fence or 50%of its estimated value.
6. RECORDING. This Agreement shall be recorded against the title to the benefiting
property and shall be binding upon the Owner, its assigns and successors in interest.
2
CITY OF
BY:
OWNER
BY:
Owner
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
2008 by , the of the City of , a Minnesota
municipal corporation, on behalf of the corporation.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2008, by the
NOTARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve,Suite#317
Eagan,Minnesota 55121
Telephone:(6�1)452-5000
JJJ
3
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2009
7:00 o'clock p.m.
#09-3427 ALONZO AND RENEE SERAN, 4099 HIGHWOOD ROAD—PUBLIC HE�It�NG,
Con 'iued) �,,�'
r�3.�
Seran aske whether he would be able to obtain his building permit even if the neighbar t�es not sign the
agreement. n noted the neighbor did not adhere to his approved grading and drai ge plan and that
he does not unde nd why it is now their responsibility to convince the neighbor�,t�S`sign the agreement.
�
Mattick noted the Serans e the ones requesting the change from the app��plan by requesting a
5-foot easement rather than 0-foot easement. ,-
�� J ,.
Curtis stated the plan that was subm"'1d�ed by the Serans' attorney ��icts the s��ale located on both
properties and that the original survey d�icted the swale total�on the Serans' property.
��
,
Mr. Seran asked what he is required to do to o� in a bujlding permit.
r''K
Mattick stated if the Serans are able to construct a,,5'°� opt swale located entirely on their property that is
approved by the City Engineer,they are free to,.�''o that. 'I'�e neighbor expressed a concern about a pipe
going in the swale and he was assured that tl�re would be no��ipe and that the swale would be grass
rather than gravel. Mattick noted the neig,ki'bor did not indicate�h�would sign the easement.
,��� �`,.
Mayor White closed the public hearii�g at 7:23 p.m. ��`
Bremer moved,McMillan s�conded,to adopt RESOLUTION NO. �862,'a,Resolution Granting
Variances to Municipal7,�oning Code Sections 78-330, 78-1288 and 1404 and�tevising Resolution
No.3537, subject to tt���easement being signed by the Serans and a letter in favbr of the work being
signed by the adjo��ng property owner.
�, .,,,,�
Mr. Seran ask��vhether any changes are required to the easement document. �
� �
Mattick � dicated there are not. �
V E: Aves 4, �'ays l,Murphy Opposed.
7. JOHi�' BROOKS, 90� FERNDALE ROAD WEST—FE�'CE IN RIGHT-OF-WAY
John Brooks,Applicant, was present, along with Bob Near, Architect.
Curtis stated at the property located at 905 Ferndale Road West there is a 4-foot split rail fence located in
the right-of-way along the property appro�:imately four feet off of the paved surface of Ferndale Road.
The property owners wish to replace the existing fence with an 8 feet high fence located 10 feet off of the
paved surface of the road still in the right-of-way. The proposed fence would consist of steel fence posts
located every 8 feet and 11 concrete/stone pillars located at strategic points along the fence.
The existing wooden fence could be reconstructed in-kind in its current location under state statute. The
property owner, however, would like to improve on the setback of the fence with the new fence and
increase the height of the fence from 4 feet to 8 feet. Using a more permanent monument and fence post
is inconsistent with an in-kind construction and poses considerably more liability than an all wooden
structure.
__-------------------------------------__...--_._..� Page 4 of 8 --- -----__----------------..
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2009
7:00 o'clock p.m.
(7. JOHN BRDOIiS, 905 FERNDALE ROAD WEST—FENCE IN RIGHT-OF-WA Y, Continued)
MnDOT does not provide guidance on roadways with speeds under 40 miles per hour. Femdale Road
West is a 30 mile per hour roadway. An interpretation of MnDOT's clear zone requirements could
require the clear zone to be as much as 15 feet from the pavement depending on the amount of traffic,
ditch slope, and road curvature. Public Works has indicated that a clear zone of 10 feet would be
necessary for snow storage purposes but this does not address additional clear zone safety requirements.
Normally the City would require an encroachment agreement to allow a structure in the right-of-way.
Such an agreement would be appropriate in this situation if the Council approves a fence in the right-of-
way. Other factors that the Council may wish to consider include the location of the fence near a wetland
and lake views being impeded by travelers along Ferndale Road West.
Murphy noted he did visit the site and that this situation is challenging given the topography. The new
fence is attractive but that given the topography, a number of very mature trees would need to be
removed, which is an issue. Another issue is the 8-foot height of the proposed fence and the different
setback.
Brooks indicated the design of the fence is preliminary and is too costly and too much for the site.
Brooks stated he decided rather than redesign the fence,he would approach the Council to see what type
of fence would be allowed and whether the setback could be changed.
Brooks distributed pictures to the Council depicting different fences located on approximately 11
properties as well as his current fence.
The Council reviewed the pictures.
Murphy con-miented he would like to see the fence inzproved.
Near indicated he did discuss with Planner Curtis what would be allowed on this properly and that fhese
are preliminary plans for the fence.
Brooks stated he would like part of the plan to also include a gate or a way to provide security to the main
driveway as well as the driveway to the boathouse.
White recommended the gate be far enough back to allow for parking.
Bremer commented she also would like to see the current fence improved and that she is in favor of the
10-foot setback suggested by the Public Works Department.
Mattick stated there are two concerns Mr. Brooks should take into consideration, and one is the recovery
area and potential damage if a vehicle goes off the road. The second concern is that if the fence is located
in the right-of-way and work needs to be done within the right-of-way, Mr. Brooks would be required to
move the fence at his own expense.
McMillan asked whether having a monument located in the right-of-way would be precedent setting.
Mattick indicated if the Council does allow 10 feet, it likely would become the standard.
_........_._..._.--------._...__ ----..----__ ------ ----..._.__..._.. --- Page 5 of 8
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monda��, September 14, 2009
7:00 o'clock p.m.
(7. JOHN BROOKS, 905 FERIVDALE ROAD WEST—FENCE IN RIGHT-OF-WAY, Continued)
White stated he would be comfortable with allowing a 6-foot fence but that he has a concem with
allowing an 8-foot fence.
Murphy asked what the main objective of the fence is.
Brooks stated he would like to make the fence more attractive.
Murphy recommended they attempt to retain as many of the trees as possible.
McMillan suggested speaking with Public Works as well to see what they fee] would work.
Curtis noted the posts would be considered as hardcover.
The City Council took no formal action on this item.
'IAYOR/COUNCIL REPORT
,�
Mc ' lan noted the Long Lake Chamber Task Force met last week and that Jim Grube spoke to th�•�roup
regardin he changes that he foresees coming to the area. The business owners would like to r��lace one
of the signs the east side with a sign that says Long Lake/Orono straight ahead. On the�t end there
is also still con ion about getting into Long Lake. MnDOT is going to look at the situ on and Grube
requested that the b iness o�mers document their concerns and submit that to him. ,
�, ��..
�., �
McMillan noted she also m��,.with Ron Steffenhagen on Friday at the Orono �c51f Course and that they
determined there are some areas�that would not need to be mowed in the�tlzre. They also reviewed some
possible projects that have been dis�a�sed in the past, such as looking,��``the possibility of obtaining a
grant to plant some native landscaping`ar.ound the pond area. The�ant deadline is the end of October for
the coming year. ,�'
, ��
., fIf
McMillan indicated she also talked with Stephani��ranc��over the weekend and that they have 14 people
participating in the Citizens Police Academy. �'M��
,r'
>`` `''``,
Murphy stated with regards to the golf course,�te would like-�p see something done with the shed and the
pop machine. ,,�' `�,
.. '�.
Murphy asked what the status is witl��`��he property next to Morrie's.
Kellogg indicated he did revi�w Morrie's drainage plan and some revisions ha�e been made to the plan.
The Western Steel site diddrain onto the Morrie's site in the past and that Morrie�'�s has taken some steps
to improve that area. The drainage calculations submitted on the Western Steel site v�+ere acceptable and
that the runoff sho�ld�not increase with this project. Kellogg stated it was recommended�that they discuss
the project with,ttieir neighbor prior to installing the drain tile but apparently that discussiori-�iid not
occur.
�.
,�
`�J�
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