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HomeMy WebLinkAbout1992 [02] Feb 03February 3, 199 Page 1 Pursuant to due call and notice thereof, the Planning C.ummission for the City of St. Joseph met in regular session on Monday, February 3, 199 at ':84 p. m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Members of the Commission Linda Sniezek, 5. F:athleen Kalinowski, Ken Hiemenz, Dan Nierenga.rten, Kurt Schneider, Donald ^Bud^ Reber. Secretary of the Board, Judy Weyrens. Others Present: Council Liaison Stephanie Hazen, John Hazen, Roger Steichen. Ro er Steichen = Buiidin~ Permit: Roger Steichen appeared before the Commission for a.pprova.l of a. building permit to construct a building on the lot located between Gary's Pizza and Bo Diddley's. The proposed building would be 30 x 46 and be constructed of decorative block. Commissioner Klein questioned whether or not the plans included a basement and if he is aware that their septic tanks buried underground on the iot. Steichen a.t this time does not intend to have a basement a.nd intends to dig out the underground +.anks. Commissioner Reber suggested that Steichen have soil borings done to test the soil, He also reiterated that the tanks must be removed for his safety. If the tanks were left in they could cause a shift in the building, as well as other problems, Mr. Steichen was made aware that the City Ordinance does not allow water and sewer connections until after May 1. When asked whether or not their were any easements on the property, Mr. Steichen responded that their is an eight (8) foot utility easement running along the entire back side of the property. The proposed plans include a. thirty one (O1) foot area. for parking, which would a.ccommoda.te a.pproxima.tely four to five cars. Hiemenz made a. motion to approve the site plan as presented by Mr. Steichen. Mr. Steichen is exempted from providing off street parking as clarified in Section b~.13 subd 4 of the St, Joseph Code of Ordinances, The amount of required off-street parking space for new uses or buildings, additions thereto a.nd additions to existing buildings as specified previously, shall be determined in accordance with the following table, and the space so required and shall be irrevocably reserved for such use, exr_ept these requirements shall not apply to the Central Business District of 5t. Joseph. The building permit is also contingent upon the approval of the plans by the Building Inspector, Fire Ghief, a.nd Public W~~i•kr L~3ier_tor. The motion was seconded by Sniezek. Ayes: Klein, Kalinowski, Sniezek, Hiemenz, • Nierengarten, Reber, Schneider. Nayes: None. Motion Carried 7:0 February 3, 1892 Page 2 Fence Ordinance: The Commission discussed the proposed Fence Ordinance as requested by the Council. Commissioner Hiemenz drafted a. proposed Ordinance based an tfie Original Ordinance as written by the City Attorney and the,recammendations of the City Council. Among discussion items were allowable materials far fences, location of fenced and maximum heights of fences. After discussion, Nierengarten recommended Council approval of the revised Fence Ordinance Csee a.tta.ched?. The motion was seconded by E~alinowski. Ayes: Klein, Kalinowski, Sniezek,',Hiemenz, Nierengarten, Reber, Schneider. Na.yes: None. Motion Ca~hried 7:0 Minutes; Nierengarten made a. motion tv approve the Minutes of the Ja.nua.ry 6, 1992 Fla.nning Commission,'meet,ing a.s presented. The motion was seconded by Schneider. Ayes: Klein, Kalinowski, Sniezek,'Hiemenz, Nierengarten, Reber, Schnei~ter. Naves: None. Motion Gafried 7:0 Wetlands Seminar: Hiemenz reported on the Wetlands Seminar that he attended on January 31, 1992 in St. Gioud. The seminar discussed the rules and permits of wetlands, the 1991 Wetland Conservation Act, wetlands and approving plats, and how to determine wetlands. A six (6? page packet is in the process of being formed to inform appli~a.nts of what they need t-o be aware of. Hiemenz stated the seminar was very informative and received a wealth of information. Joint CouncillFla.nnin~ Commission Meeti The Planning Commission wa.s in general agreement the. the Joint meeting was very beneficial and productive. Thy meeting allowed each board to gain a better understanding af'',the function of each decision making body. The meeting wa.s adjourned at 9;30 p. m. Respectfully submitted, udy Weyr~ns Secretary''of the Board February 3, 1992 Page 3 (ATTACHP 1EP~'I' ) FENCE ORDINANCE Section 56.1: APPLICATION. This orditiAnce shall apply to the construction and maintenance of all walls or fences, to include living fences, within the City. This Ordinanr_.e shall be applied in conjunction with Ordin2nr_.e 52.1.3, Subd. 14, and be interpreted consistent therewith. Section 56.2: PttRPOSE. This Ordinance was enacted far the following purposes: a) To generally regulate fence or wall construr_.tion. b) To assure that fences and walls do not unreasonably diminish the use, enjoyment or value of adjacent properties. c) To assure that fences and walls are constructed on the property line or within the property of the party who will maintain the wall or fenr_.e. d) To assure that fences or walls do not excessively restrict light or air to adjacent properties. e) To assure a reasonable degree of consistency in the location of residential fenr_.es or walls. f) To rewire walls and fences be construr_.ted of a low maintenance material so as to avoid deterioration. g) To reBvire walls or fences to be construr_.ted of non-toxic materials. When exercising Any discretionary powers, the City shall be guided by the expressed purposes of this Ordinance. Section 56..3: PERMIT. Prior to constructing or reconstructing a fence or wall within the City, the person or entity owning the property in which the wall or fence is to be constructed or reconstructed shall first secure a fence permit from the City. An application fee, in an amount set by the City Council, shall be paid at the time the application is made. The application shall be on A form prepared by the City Clerk and shall contain a legal description of the property on which the fence or wall is to be construr..ted nr reconstructed, a sketch showing the location of the fence or wall, A description of the materials to be used in the construction of the fence or wall, a description or sketch of the design of the fence or wall, to include the provisions of section 56.9: Property Line Location. The application will be referred to the City Building Inspector for review and the issuance of a permit upon a determination that the proposal complies with this Ordinance. The fence or wall shall be inspected by the Building Inspector upon completion of r_.onstruction or ' - February 3, 1992 Page 4 reconstruction, and shall be modified by owner as renuired by the Building Inspector if not in conformance with this Ordinance. Section 56.4: FENCE HEIC,HT. No fence or wall located within a residential area shall exceed the height of six feet, except for fences from the street abutting the property to the rear of the residential structure that are not r_.hain link shall not exceed four feet. No fence or wall located in a commercial area shall exceed the height of eight feet. A fence ar wall in an industrial area shall not exceed eight feet unless a higher fence ar wall is approved as part of the special use permit allowing the industrial use. If two different zones abut, the zoning reHuirements of the property owner constructing the fence shall prevail. Section 56.5: FENCE MATERIALS. Fences may be constructed out of trees and shrubs, wood ar r.hain link materials. Walls may be constructed out of stone or brick not less than four inches nor more than twenty-four inches in width and shall be set on a firm foundation half again as wide at the base as the wall and rested below the frost line. Dry wall construction need not comply with foundation below frost line. All wood fences, other than those constructed out of redwood ar cedar, shall be stained or painted upon completion of construction or reconstruction. All chain link fences shall be made out of a non-rust material. Earbed wire and electrical fences are strictly prohibited except as allowed in an industrial area, barbed wire may be located on that portion of fenr_.e which is minimum of six (6) feet above grade of bath sides of fence pursuant to a special use permit. Fences may be constructed out of trees and shrubs, wood, chain link, stone, brick or a combination thereof sa long as a harmonious combination or handsome setting is used. Use of creosoted lumber ar railroad ties are strictly prohibited. Other materials which are not specifically allowed by this Section, nor specifically prohibited, may be permitted only by variance granted pursuant to Section 52.10 herein. Section 56.6: LIVING: FENCES. Trees and shrubs used as fencing within a residential area are not restricted in height except from the street abutting the property to the rear of a residential structure which shall not exceed four feet. Trees and shrubs used as fencing within an industrial area are not restricted in height. Section 56.7: FENCE LOCATION. No "privacy fence" may be constructed or maintained an residential zat~ed property from the street abutting the front. of the property to the rear of the residential structure located on the lat. A "privacy fence" shall be considered a fence which obstructs vision through 5Q percent or more of the fence area. A "non-privacy fence" may be constructed in a residential zoned property from the street abutting the front of the property to the rear of the structure located an the lot, provided the fence or other construction measures not mare than four feet in height. If a fence blocks the front yard from the back, then an identified removeable ten foot span of fencing must be positioned to allow far access by emergency vehicles. February 3, ]_992 Page 5 Live tyre fencing should be well within the Property line so one can prune them as required to keep them looking attractive without having to trespass. Section 56.8. BORDER FENCE OR WALL. Any fence or wall which parallels a Property line shall be constructed at least two feet from off the property line, unless the adjacent Property owner consents in writing to the construction and maintenance of the fence or wall directly on the Property lines. This consent shall be Provided to the City at the time applir..ation is made for Permit. With respect to any fence or wall located on or within six feet of a Property line, that side of the fence which appears as the most finished, or which does not have exposed Posts, shall be the side which shall face the adjacent property. Section 56.9. PROPERTY LINE LOCATION. The permit application for any border fence or wall shall also include a statement signed by the applicant and adjacent landowner(s) verifying that the Property line separating the adjacent properties has been determined to the satisfaction of the Parties signing the statement and verifying that no property line dispute exists. II1 lieu of sttr_.h a statement, the applicant shall provide proof that the lines have been recently determined by a registered SUrVeyor, and that stakes, pins or other markers have been placed to indicate the location of the property line. Section 56.10. VARIANCE. Any Provisions of this ordinance may be varied upon application and after consideration and hearing by the Planning Commission with their recommendation to the City Council. In granting a variance, the City must make a finding that the proposed variance is in COmpliatlr_.P with '~Subd. 2: VARIANCE" and will not be offensive or objectionable to the owners of any adjar_.ent Properties, will be consistent with the long term development of the property, and will comply with the stated purposes of this ordinance. Section 56.11. PRE-EXISTING PENCES. This Ordinance shall apply only to fences and walls constructed after December 1, 1991. Any wall or fence which is more than 25 Percent destroyed so as to require reconstruction shall be subject to the Ordinance. Any Pre-existing fence that does not. conform with the provisions thereof shall not be altered or enlarged without making said Portion of fence so altered or enlarged to conform with Provisions of new section. Section 56.12: MAINTENANCE OF PENCE. The owner must Provide maintenance of any and all types of fencing so that it is neat and atCractive and not allow the fence to fall into disrepair. Fencing that is more than 50 Percent deteriorated or destroyed shall either be removed or replaced, except for hedges and shrubs which are best Pruned only to enhanr_.e the natural form. Section 56.1.3. PENALTIES/REMEDIES. Violation of this ordinance shall constitute a misdemeanor as herein defined. When r_.onditions are made a part of the terms under whir_.h this I-ermit is granted, violation r of the conditions is a violation of t Joseph may also seek civil remedies, maintenance or removal of the fence, construction or maintenance of a fenc. February 3, 1992 Page 6 his ordinance. The City of St. including but not limited to injunctive relief prohibiting e in violation of this ordinance.