HomeMy WebLinkAboutRe: fence/gate Christine Mattson
From: Christine Mattson
Sent: Monday, August 04, 2014 2:27 PM
To: 'whitney jaymes'
Cc: Melanie Curtis
Subject: 3400 North Shore Drive
Jaymes, I've replied to your email below with my responses in Blue.
Christine^'
From: whitney jaymes [mailto:uabjjCa>yahoo.com]
Sent: Monday, August 04, 2014 1:10 PM
To: Christine Mattson
Subject: Fw: Please call me asap
Christine, Im really wanting to finish up the yard. Please call me asap so I know if I
need to put up a fence or a gate is still possible Thank you, Jaymes Whitny 612 -308-
4812
----- Forwarded Message -----
From: whitney jaymes <uabiiCc�vahoo.com>
To: "cmattson(c�ci.orono.mn.us" <cmattson(c�ci.orono.mn.us>
Sent: Monday, July 28, 2014 12:33 PM
Subject: gate/fence 3400 north shore drive.
Christine, my understanding of 78-1405 (8)b.1 . is that I may erect a fence on my
property line as per the exception noted within. (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) This lot abuts Henn cty road 135. I have no problem complying with ( the
total combined height of both fence and fill shall not exceed six feet above the height of
the crown of the major thoroughfare). A fence in the side street yard (Tonkawa Rd)
exceeding 42-inches must be set back 15-feet from the property line.
I am behind the principle structure and more than 200 feet back from the lakeshore to
satisfy (8) b. 2 and 3.
As for 78-1405 (9) i. 1-4 the following shall be true. the gate shall open into the
property. it shall be 18 feet across. The gate height shall be regulated in accordance
with the fence height regulations of section 78-1405(8). Correct.
1
as for (9) i. 5. im not sure. does that mean that it must allow 25 percent of light to pass
through? As in for every 9 inches of wooden slats 3 inches must remain open for light
to pass through? At least 75% of the gate must be open, and 25% may be closed/solid
to block light.
i. 6. it is a manual non locking gate. Correct.
ii. If (9) i.7. is applicable then is the 40 foot setback from the center line of the road?
No, 40-feet is measured from the edge of the paved, traveled road.
Do I need a permit to erect a fence if I choose to go that route. If the gate is basically a
fence with a wheel on one side and meets all regulations does it need a permit? A
fence and gate meeting these standards do not require permits.
Please call me at 612 308 4812 or email a response as soon as possible as the
weather has finally cooperated enough that Im trying to get the back yard sodded and
need to figure this out first. Thanks, Jaymes Whitney
z
g-��� LAKESHORE PROPERTY
� � FENCE REGULATIONS
ti� G`'� P/anning &Zoning Department 952-249-4620
lqkFSH��� www.ci.orono.mn.us
Location
Fences are permitted up to a property line but may not be within an easement. The fence owner is
responsible for locating property lines and identifying any easements before construction of a fence. A
required yard is measured from the property line. The street property line is not the curb or edge of the road
surface. The property owner is responsible for locating this property line. If the property owner is unsure a
surveyor should be contacted to locate property boundaries.
Fences may not be erected within the required lakeshore setback. Those setbacks are as follows:
• 75 feet from Lake Minnetonka and Forest Lake (General Development Lakes);
• 100 feet from Long Lake, Mooney Lake and Tanager Lake(Recreationa/Development Lakes); and
• 150 feet from Lake Classen, Dickey Lake, French Lake(South Basin only)and Lydiard Lake(Natural
Environment Lakes)
Permits
Permits are not required for fences but they still must comply with the height and location restrictions.
Drainage & Utility Easements
Fences are not permitted within easements for drainage and/or utilities without special permission from
the City Engineer. Contact the City Engineer at 952.249.4661.
Materials and Maintenance
Fences must be installed with the finished side facing neighboring properties or the street. The term
"finished side" means that side having no structural supports
The fence owner must maintain it in a condition of reasonable repair and appearance and not allow it to
become or remain in disrepair or in a dangerous condition.
Fire Hydrant Access
No fence may obstruct free access to a fire hydrant.
Swimming Pool Fences
The City does not require fences around swimming pools.
Height Limitations
Fence height is measured from existing ground level to the top of the fence panel. (Note: Along a County
Road or State Highway, the combined height of both fence and any fill shall not exceed six feet above the
road or highway.)
To determine the zoning district for your property check the City's website for the "Zoning Map" under
"Maps" or contact the Planning and Zoning Department. The zoning code defines yards in a way that
may be different from your definition. Yards are measured from the property line.
Over
January,2014
Note:This is only an information sheet.Every effort has been made to insure the accuracy of the information contained herein;
however,if any infom►ation is not consistent with provisions of the City Code,the Code provisions will prevail.
Height Limitations (continued)
Between the required lake setback and the average lakeshore setback line a fence may not exceed 42
inches in height. For the purpose of determining fence height"averaQe lakeshore setback line" means a
line drawn between the most lakeward projections of the fence owner's two neighboring homes.
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AV RAGE LqK�S�ORE FS T
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Fences within the required rear street vard may not exceed 42 inches in height. The required street yard
setbacks are:
• 50 feet in the LR-1A and RR-1 B districts Exception: The top rail of a three-rail, split rail
• 30 feet in the LR-16 and LR-1C districts fence may be up to 48 inches high. A fence along
a County Road or State Highway may be up to six
feet high.
Fences within the required side street vard may not exceed 42 inches in height. The required side street
yard setbacks are:
• 50 feet in the LR-1A and RR-1 B districts Exception: The top rail of a three-rail, split rail
• 30 feet in the LR-16 district fence may be up to 48 inches high.
• 15 feet in the LR-1C districts
Fences within the required interior side vard may not exceed 6 feet in height. The required interior side
yard setbacks are:
• 30 feet in the LR-1A and RR-1B districts
• 10 feet in the LR-1 B and LR-1 C districts
On a corner lot fences may not exceed 36 inches in height 51GHTTRWNGLE
within the sipht trianqle. The sight triangle is defined as
follows: Beginning at the intersection of the projected
curblines of two intersecting streets; thence 30 feet along one '�"'AY
curbline; thence diagonally to a point 30 feet from the point of
beginning on the other curbline; thence to the point of j
beginning. � � �i! ���
I � i
For More Information
Contact the Planning and Zoning Department at
952-249-4620 or planninqCc�ci.orono.mn.us.
Reference: City Code Section 78-1405(7)
January,2014
Note:This is only an information sheet.Every effort has been made to insure the accuracy of the information contained herein;
however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail.
Municode Page 1 of 3
Sec. 78-1405. Nonencroachments.
(a) The following shall not be considered to be encroachments on yard setback requirements:
(�) 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.
(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 located 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.
�• 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.
�• 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
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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.
�� 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.
�� 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;
�� 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• 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.
�• When a gate is proposed, the following requirements must be met:
�� The gate must open into the property not outward towards the right-of-
way, and
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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
�• 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.
1• 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:
(�) Parapet walls that extend no more than three feet above the height of the building.
(2) HVAC cooling towers.
(3) Elevator penthouses.
(Code 1984, § 10.03(15);Ord. No. 211 2nd series, §§ 1-5, 11-26-2001;Ord. No. 12 3rcl series, § 1, 5-24-2004;
Ord. No. 30 3rd series, § 1, 11-28-2005;Ord. No. 43 3rd series, § 1, 2-25-2008;Orcl. No. 106 3rd series,§22, 6-10-
2013)
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Christine Mattson
From: Christine Mattson
Sent: Tuesday, June 10, 2014 7:37 AM
To: uabjj@yahoo.com
Cc: Melanie Curtis
Subject: RE: 3400 North Shore Drive
James,
Thank you for the ownership information. Please contact us when the site is seeded and vegetation is established or
sodded so we can close out the violation.
You requested information regarding installing a gate at the property addressed 3400 North Shore Drive. Click here to
be directed to the City Code Section 78-1405 on Nonencroachments. According to City Code Section 78-1405(a)(9)(i)
gates are permitted and must be located at least 40' from the paved,traveled County road. Also, according to City Code
Section 78-1405(8)the associated fence height shall not exceed 42 inches within the street yard.
If you have any additional questions, please do not hesitate to contact me.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway � Orono ' MN l 55356(physical addressJ
PO Box 66 Crystal Bay 1 MN 55323-0066 (mailing addressJ
'� 952.249.4620 8 952.249.4616
� cmattson@ci.orono.mn.us ` � www.ci.orono.mn.us
Summer Office Hours: (Monday, May 19 through Friday,August 29,2014)
Monday-Thursday: 7:30 am to 5 pm
Friday: 7:30 am to 11:30 am
OUR OFFICE WILL BE CLOSED: Friday,July 4, 2014
From: whitney jaymes [mailto:uabjj@yahoo.com]
Sent: Wednesday, June 04, 2014 12:32 PM
To: Christine Mattson
Subject: southwestern capital boat reg
Christine, as per our earlier phone conversation I am forwarding the documents
needed to close the violation notice and bring the property into compliance. Attached
are the proof of ownerships on the 2 boats in question. The Searay reg card is in the
boat not here at the office. Let me know if you need that retrieved. Please email the
gate info at your convenience and feel free to contact me at 612-308-4812 with any
further questions.
Thank you,
�