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HomeMy WebLinkAbout116-08 Encroachments Text Amend 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-08 AN ORDINANCE AMENDING SUBSECTIONS 1101.503 AND 1102.700 OF THE PRIOR LAKE CITY CODE RELATED TO YARD ENCROACHMENTS AND RESIDENTIAL PERFORMANCE STANDARDS AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The City Council of the City of Prior Lake, Minnesota, does hereby ordain that: 1. Subsection 1101.503, Yard Encroachments, of the Prior Lake Zoning Ordinance is hereby deleted and replaced in its entirety with the following: Yard Encroachments. The following shall not be deemed encroachments on yard requirements unless located less than 5 feet from a lot line, within a drainage and utility easement, or in violation of regulations below or elsewhere in the City Code. (1) All yards: a. Appurtenances associated with a principal structure such as eaves, gutters, basement egress windows, balconies, bay windows (at least 18” above the corresponding floor level), fireplace bump- outs, and platforms meeting the definition in Subsection 1101.400. b. Yard lights and nameplate signs for one and two family dwellings in the R-1, R-2, and R-3 Districts. c. Floodlights or other sources of light illuminating authorized illuminated signs, parking areas, loading areas, or yards for safety and security purposes all of which must meet the regulations of Subsection 1107.1800. d. Flag poles, bird baths and other ornamental features detached from the principal building. e. Canopies no more than 12 feet wide are permitted in the "R-3", "C-1", "C-2", "C-3" and "I-1" Districts if they are open at the sides, comply with provisions of Subsection 1101.506 and provide 14 feet of clearance if located over any access roadway or fire lane. (2) Front yards: a. Awnings and door hoods which extend 5 feet or less into the required front yard. b. A vestibule which extends 5 feet or less into the required front yard under the following conditions:  The vestibule shall be designed, constructed and attached to the principal structure in compliance with the building code.  The vestibule shall be constructed of materials compatible with those of the principal structure which meet the requirements of Subsection 1107.2200. 2  The vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. c. Heating, ventilating and air conditioning equipment which extends less than 6 feet from the principal structure, is not more than 36 inches in height, and is screened from view. (3) Side yards, including side yards abutting streets: a. Eaves which extend no more than 6 inches into the required yard, and gutters which extend no more than 12 inches into the required yard, b. Heating, ventilating and air conditioning equipment. c. Recreational equipment meeting the requirements of Subsection 1102.700 of the City Code. (4) Rear yards: a. Heating, ventilating and air conditioning equipment, compost bins, firewood storage, play structures, outdoor fire places and fire pits. b. Recreational equipment meeting the requirements of Subsection 1102.700 of the City Code. (5) New decks may not encroach into required yards. Decks not meeting the required setbacks may be replaced if the following criteria are met:  The deck existed on the date the structure setbacks were established;  The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established;  The deck is constructed primarily of wood and is not roofed or screened; and  The existing deck is not located within an easement, right-of-way, or over a property line. (6) Items not listed in Subsection 1101.503 (1)-(8) that may be similar are subject to approval by the Zoning Administrator according to Subsection 1101.304 of this Ordinance. The provisions of Subsection 1101.503 (1)-(4) shall not apply to the lakeshore or bluff setbacks required in Section 1104 of the Zoning Ordinance. (7) Accessory structures are further regulated in Subsection 1102.700(8) of this Ordinance. 2. Subsection 1102.700, Residential Performance Standards, of the Prior Lake Zoning Ordinance is hereby amended by replacing number 3 of the following: (8) Accessory Structures. b. Design criteria. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to the main building or shall be commonly associated with residential construction. In addition, the following shall apply: 3  Detached structures. A detached accessory structure must be structurally independent from the principal structure. Detached accessory structures shall be permitted in residential districts in accordance with the following: 3. No accessory building shall be located within five (5) feet of any lot line or within the limits set forth in Subsections 5, 6 and 7 below if more restrictive. 3. Penalty. City Code Section 103 entitled “Definitions” and Section 104 entitled “General Penalty” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 25th day of April, 2016. ATTEST: City Manager Mayor A summary is to be published in the Prior Lake American on the 30th day of April, 2016. Affidavit of Publication Southwest Newspapers State of Minnesota) SUMMARY ORDINANCE NO.116-08 )SS. CITY OF PRIOR LAKE Count Scott AN ORDINANCE AMENDING Y of ) SUBSECTIONS 1101.503, 1102.505 AND 1102.700 OF THE PRIOR LAKECITY CODE RELATED TO YARD Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized ENCROACHMENTS,R-2 agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen- DIMENSIONAL STANDARDS dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as AND RESIDENTIAL PERFORMANCE follows: STANDARDS AND ADOPTING BY REFERENCE (A)These newspapers have complied with the requirements constituting qualification as a legal CITY CODE PART 1 WHICH, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AMONG OTHER THINGS, amended. CONTAINS PENALTY PROVISIONSS The following only ' (B)The printed public notice that is attached to this Affidavit and identified as No. a summary of Ordinance No. 11 a was published on the date or dates and in the newspaper stated in the attached Notice and said 08. The full text will available for Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of public inspection after April 25,; the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both 2016 by any person during regular, inclusive,and is hereby acknowledged as being the kind and size of type used in the composition office hours at City Hall or in the and publication of the Notice: Document i Center on the City of Prior Lake Website. abcdefghijklmnopgrstuvwxyz SUMMARY: The Ordinance deletes Subsection 1101.503 ins; its entirety and replaces with } Subsection 1101.503 relating y; ;" to Yard Encroachments. The, Ordinance amends Subsection', Laurie A.Hartmann 1102.700(8)b relating to Accessory, Structure setbacks in Residential Performance Standards. The Subscribed and sworn before me on revisions include deletion and addition of various uses, revisions of conditions, and 2,0 10 clarification of regulations. This ordinance shall become this day of ��L 2016 effective i from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 25th 'j�_ t I i�A t�' BARK P� �"�t. J 1`��'i c 1 I�i C OCl Day of April 2016. _ "`: i f N MUTY NBUC M NINESOTA ATTEST: 'f Frank Boyles,City Manager N ry blic r Fri; VY WIMMON MKS 01131/18 Kenneth L.Hedberg,Mayor .. -•r�..�- tea.-,.�ti�.,�.. .� (Published in the Prior Lake, American on Saturday„April;30, 2016;No.7689) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch Maximum rate allowed by law for the above matter.................................$31.20 per column inch Rate actually charged for the above matter.............................................. $12.59 per column inch