HomeMy WebLinkAbout13.A.2. Discussion of Easement Encroachment in Park Meadow's 1st Addition
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CITY OF SHAKO PEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Discussion of Easement Encroachments in Park Meadows 1 st Addition
DATE: May 15,2007
INTRODUCTION:
Attached is a letter from Mitchell Gunnell who owns the property at Lot 5, Block 1, Park
Meadows 1 st Addition and in regards to an easement encroachment issue.
BACKGROUND:
With the Park Meadows development, the developer was required to sign a Declaration
of Covenants and Restrictions regarding Municipal Drainage and Utility Easements
Maintenance. These easements that have restrictions are in respect to drainageways,
overflow swales, utility installations and ponding areas. In the Park Meadows
development, there are storm sewers in the rear lot easements for backyard drainage in
about every block.
Staff is working towards a new ordinance on fences and fence permits, as well as a
section on easement encroachments. Currently no fence permits are required. However,
residents are encouraged to call the Engineering Division of the Public Works
Department on questions of fence locations in easements.
Mr. Gunnel, is currently constructing a fence with retaining walls in the north and east
easements that have deed restrictions, per the Declaration of Covenants. In Mr.
Gunnell's letter, he is contending that he was not told of the deed restriction on his lot.
Other residents in this subdivision have expressed the same story. Mr. Gunnell also has
mentioned that he contacted the city and was informed that no permit is required and the
fence can be placed in the easement with the condition that it had to be removed when the
city is repairing the pipe.
Attached to this memo for Council information to help understand the issue is the
following:
1. Letter dated May 1 ih from Mitchell Gunnell
2. Letter dated April 23, 2007 from Bonnie Homer, Engineering Technician with the
City, along with lot survey and Declaration of Covenants and restrictions
regarding municipal drainage and utility easements.
3. Current City of Shakopee Code pages pertaining to fences and
pro hi bi ti onsllimi tati ons.
4. Fence handout from the Planning Department
5. Easement brochure from the Engineering Department
6. Minutes from the January 23, 2007 City Council meeting on easement
encroachments
7. Parcels with Deed Restrictions map
Staff has asked the resident to stop work until the encroachment issue can be resolved.
Staff has been in contact with the City Attorney's office on options for City staff in
allowing or removing the encroachments.
The main issues for staff is to provide maintenance access for inspecting and cleaning of
utility facilities and to minimize City liability in dealing with encroachments/obstructions
for future repairs/replacement of utility lines.
The property owner has installed most of the retaining walls and most of the fence posts
along the east lot line. In meeting with Mr. Gunnell, the resident is agreeable to move the
fence on the north easement to provide for maintenance access and willing to sign an
agreement to remove the obstructions, if and when the City needs to use the easement.
Staff would like Council direction on this particular encroachment, as the deed restriction
declaration is very specific on what can or cannot be done in an easement. Staff believes
the City Council would have to give direction on allowing encroachments to remain
under an encroachment agreement or license. Other options would be to enforce the deed
restrictions or do nothing at this time.
On the issue of easements and encroachments, the property owner desires to use as much
of the property as possible. The Public Works Department desires to have adequate
maintenance access to maintain public facilities such as sanitary sewer, water, storm
sewer emergency drainage swales and ponds.
Staff is intending on bringing the revised fence ordinance and easement encroachment
ordinance with a fence permit procedure and education program to Council on June 5,
2007. However, at the time, there is no fence permit required.
At this point, staff would ask direction from City Council on Lot 5, Block 1, Park
Meadows 15t Addition recognizing that six other lots have constructed fences in
easements which have deed restrictions. From conversations with the residents, it seems
that the residents are unaware of the deed restrictions placed on their property. They
were aware that there are easements on their property. Any changes from the recorded
deed restrictions would need council approval per our attorney's review.
AL TERNA TIVES:
1. Discuss the easement encroachment of Lot 5, Block 1, Park Meadows 15t Addition
and provide staff direction.
2. Table until June 5, 2007 when the easement ordinance and encroachment
ordinance will be presented.
RECOMMENDATION :
Staff recommends Alternative No.1 to provide staff direction on which way the council
is in favor in proceeding on easement encroachments in Park Meadows 15t Addition. If
council elects to proceed with an encroachment license or agreement or other document
granting permission to property owners, Council could direct the city attorney to prepare
the appropriate documents or table for additional information from the developer and
property owners.
ACTION REQUESTED:
Discuss the easement encroachment issue of Lot 5, Block 1, Park Meadows 15t Addition
and provide staff direction on how to proceed with the issue.
IkLey
Public Work
BLlpmp
ENGR/2007ENGRPROJECT/2007COUNCILIP ARK-MEADOW5-ENCROACHMENT
(j)
Mitchel Gunnell May 121h, 2007
27-376005-0
3321 Crane St.
Shakopee, MN 55379
Dear Mr. Bruce Loney; and city officials,
Recently I received a letter from Bonnie Homer notifying me that my fence was in
a deed restricted easement area. This was the first time I had heard of any deed
restriction. We bought our home in August 2005. At that time Centex who we bought
the home from informed us there was an easement on our property and that if we built a
fence we would have to remove it if the city needed to come in and replace the storm
drain pipes. We agreed to this and it was our intention of putting in a fence from the very
start as we have 7 children and pets, otherwise we would not have bought this property.
Shortly after moving in we wanted to start our fence so I called the city to ask about
permits and was directed to the cities web site for further information. The gentleman we
spoke with did teU us that since our fence was below 6' feel we did not need a permit. He
also told us '.vhat Centex had said that our propert'i '.vas in an easement area and if nccded
we would have to remove the fence if the city ever had to come in and repair the drain
pIpes.
Never from Centex or the City did the term Deed Restriction come into play.
Many of our neighbors have already constructed fences, sidewalks, sprinkler systems and
what not in these areas before LIS. I have talked vvith two of my neighbors on the side of
me. One has a fence in the deed restricted area and the other is planning on putting one
up. Both said that they were not aware of the restriction and were only told as I was that
they may have to remove it if the city was to ever tear up the pipe. After I received the
letter ti'om Ronnie Homer] went through my mvnership papers we signed with Centex to
see if there was any disclosure of this deed restriction. There was none. I went to Centex
next to inform them of the notice r just received from the city and showed them that we
were never given a disclosure conceming the deed restriction.
.t.his has caused more than a little consternation as we have spent quite a bit of
money on landscaping and fencing our yard and then to run into this snag. On the
brighter side of things I have bccn vvorking vvith Bruce Loney on the matter and am
appreciative of his concerns and willingness to try and work out a solution to resolve the
matter.
1 cannot speak for all the other home owners, but for us 1 am open to helping dear
this matter by working together to come up vvith a solution that we and the City can live
with such as agreeing to a written contract on removal of said fence if we ever decide to
move in the future. or some kind of variance. or whatever ever we can do so that this
matter will not continue to weigh on us.
Thank you for your understanding of the situation and willingness to work with us
on this matter.
Sincerely,
#I
@
SHAKOPEE
April 23, 2007
Mitchel Gunnell
27-376005-0
3321 Crane St.
Shakopee, MN 55379
Dear Mr Gunnel1,
All fence and retaining wall construction within the east and north drainage utility
easements must stop/and or be removed.
Your property has a deed restriction attached to the east and north 10' drainage and utility
easements on your property. The deed restrictions states that "within the Easement Areas,
the erection of any fencing, the alteration of any slopes and/or grades, or the construction
of any landscaping or other structures including, but not limited to, retaining wal1s,
storage sheds, play structures, or pools, is strictly prohibited." I have enclosed a copy of
the complete deed restriction document. I have also enclosed a copy of your certificate of
survey that shows the drainage and utility easements.
Please call Public Works Director, Bruce Loney (952-233-9361) to make an appointment
to discuss this issue.
Sincerely. ~
~~
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Bonnie Homer
Right of Way Permits
City of Shakopee Engineering Dept
952-233-9365
COi\Ii\IUNITY PRIDE SINCE 1857
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Doc. No. A 677528
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified Rled and/or Recorded on
11-05-2004 at 10:45 Receipt:422864
Pat Boeckman, County Recorder 01
Fee: $19.50
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DECLARATION OF COVENANTS AND RESTRICTIONS
REGARDING MUNICIPAL DRAINAGE AND
UTILITY EASEMENT MAINTENANCE
This Declaration of Covenants and Restrictions Regarding Municipal Drainage and
Utility Easement Maintenance (the "Declaration") is made of this J '(~fv day of
l'J--t.~) , 2004, by Centex Homes, a Nevada general partnership (the "Declarant").
RECITALS
A. Declarant is the owner of all the lots platted within the Park Meadows
Subdivision (the "Subdivision"), located in the City of Shakopee, Scott County, Minnesota and
legally described on Exhibit "A" attached hereto.
B. The lots within the Subdivision (the "Property") are subject to wider than typical
side-yard or rear-yard drainage and utility easements (the "Easements") because the City of
Shakopee (the "City"), a Minnesota municipal corporation, has required, as a condition of plat
approval of the Subdivision, that Declarant provide for convenient municipal access for utility
maintenance purposes or, if the Property is not subject to such wider than typical Easements, the
Easements on such lots are otherwise contemplated to be needed on a frequent basis for
municipal access for utility maintenance purposes.
C. Declarant desires to provide for strict restrictions within the Easements on the
Property, and prohibit the alteration of such easement areas and/or the construction or erection of
any structures thereon which would adversely affect the City's access for maintenance purposes.
D. Declarant therefore desires to establish the following covenants and restrictions
on and upon the Property.
WITNESSETH
NOW, THEREFORE, Declarant, as the sole owner of the Property, hereby
establishes and creates on the Property the following covenants and restrictions:
1. Easement Areas. The covenants and restrictions of this Declaration shall affect
the Easements on the Property that are listed on Exhibit liB" attached hereto and shown on the plat
for the Subdivision dated recorded on NOV 0 5 2004 as Document No.
,
~17.s2lo in lhe Office of me Recorder for Scott County ("Easement Areasii).
2. Purposes. The purpose of the covenants and restrictions set forth herein is to
reduce and/or eliminate future controversies between and among lot owners having an
interest in one or more lots comprising the Property and the Easement Areas which are
subject to this Declaration, and the City, with respect to future municipal need to maintain,
repair and/or replace utility installations, drainageways, overflow swales, and ponding areas,
and the need by employees and contractors of the City to gain access for such utility
maintenance, repair or replacement activity.
1
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3. Use Restrictions. Within the Easement Areas, the erection of any fencing, the
alteration of any slopes and/or grades, or the construction of any landscaping or other structures
including, but not limited to, retaining walls, storage sheds, play structures, or pools, is
strictly prohibited. It is the intention that the Easement Areas be maintained free of any
structure or obstruction which hinders any municipal access and maintenance, repair or
replacement activity.
4. Damage. In the event the City enters upon the Easement Areas for the purpose of
maintenance, repair, or replacement activity, its sole and exclusive responsibility shall be to
restore soils disturbed in connection with such activity and repair or replace damaged sod. The
City shall have no obligation to repair or replace any structure(s) located within the Easement
Areas damaged as a consequence of the City's exercise of its right and responsibility to conduct
maintenance, repair, and replacement activity if any such structure was located within the
Easement Areas in violation of the provisions of this Declaration. Further, in the event the City
incurs any identifiable additional expense in connection with its maintenance, repair, or
replacement activities because landscaping or structures have been placed within the Easement
Areas in violation of the provisions of this Declaration, the City shall have the right to assess
the owner of any lot for any additional replacement, repair or maintenance costs incurred by
reason of such violation.
5. Nonexclusive. Declarant, its successors and assigns, shall have the right to use
the Easement Areas to the extent that such use is not inconsistent with this Declaration.
6. Title. Declarant warrants that no other person has an interest in the Property other
than Declarant, and that Declarant has good right, title and interest in the Property which is
subject to the covenants and restrictions contained herein.
7. Duration. This Declaration shall be effective upon recording, and shall have a
perpetual duration.
8. Binding Effect The Property, and any portion thereof, shall be held, transferred,
sold, conveyed, and occupied subject to and together with the covenants and restrictions
contained in this Declaration. This Declaration shall be binding upon all parties having any
right, title, or interest in the Property, and their respective heirs, successors and assigns, and
shall inure to the benefit of each owner of the lots included within the Property, and shall run
wi th the land.
9. Enforcement The City and any person subject to this Declaration, or with any
rights hereunder, shall have the right to enforce the provisions of this Declaration by action
brought in any court of competent jurisdiction. The prevailing party in any suit shall be awarded
reasonable costs and attorney fees.
2
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IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the
date and year first above-written.
DECLARANT:
CENTEX HOMES,
a Nevada general partnership
By: Cent ex Real Estate Corporation,
a Nevada corporation, .---
its managing eral partner
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN \
)
Before me, a Notary Public in and for said County and State persona1.1y appeared Scott J.
Richter, known to me to be the Minnesota Division President of Centex Real Estate Corporation,
the managing general partner of Centex Homes, a Nevada general partnership, and
acknowledged the execution of the foregoing document for and on behalf of said entity.
WITNESS my hand and Notarial Seal this ~day of ;Jt...tI;"r; zaN'.
My Commission Expires: ~~'k~1
~~ 31 ZLW- tary Public
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County of Residence: k;.er ~ Printed Signature
.~.
This instrument was drafted by: Ie OOXANNE MARE KRW I
. -' NOTARY PUBLIC-MINNESOTA
" My Comm. Expires Jan. 31,2001
Kennedy & Graven, Chartered .~.
200 South Sixth Street, Suite 200
Minneapolis, MN 55402
(612) 337-9300
1:\clerk\devagrce\Deed Restrictions- Park Meadows 1 st
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EXHIBIT A
LEGAL DESCRIPTION
Block 1, Lots 2-6 inclusive
Block 3, Lots 1-6 inclusive and 10-15 inclusive
Block 4, Lots 1-10 inclusive and Lots 13-25 inclusive
Block 6, Lots 1-8 inclusive and Lots 11-18 inclusive
Block 8, Lots 4 and 5
all in Park Meadows First Addition, Scott County, Minnesota
~._.._. ----.- ------.---.
EXHIBIT B
EASEMENT AREAS
Block 1
Lots Restricted Easement Areas
2
Drainage and utility easement area adjacent to the north property line.
3 Drainage and utility easement area adjacent to the north property line
4 Drainage and utility easement area adjacent to the north property line
5 Drainage and utility easement area adjacent to the north property line.
Drainage and utility easement area adjacent to the east property line
6 Drainage and utility easement area adjacent to the west property line.
Drainage and utility easement area adjacent to the north property line
Block 3
Lots
1 Drainage and utility easement area adjacent to the east property line
2
Drainage and utility easement area adjacent to the east property line.
3 Drainage and utility easement area adjacent to the east property line.
4 Drainage and utility easement area adjacent to the east property line
5 Drainage and utility easement areas adjacent to the east property line.
Drainage and utility easement areas adjacent to the south property line
6 Drainage and utility easement area adjacent to the north property line.
Drainage and utility easement area adjacent to the east property line
10 Drainage and utility easement areas adjacent to the west property line.
11 Drainage and utility easement area adjacent to the west property line
12 Drainage and utility easement area adjacent to the west property line
13 Drainage and utility easement areas adjacent to the west property line
14 Drainage and utility easement areas adjacent to the west property line
15 Drainage and utility easement areas adjacent to the west property line
Block 4
Lots Restricted Easement Areas
1 Drainage and utility easement areas adjacent to the north property line.
Drainage and utility easement areas adjacent to the east property line
2 Drainage and utility easement areas adjacent to the south property line.
Drainage and utility easement areas adjacent to the east property line
3 Drainage and utility easement areas adjacent to the north property line.
Drainage and utility easement areas adjacent to the east property line
4 Drainage and utility easement areas adjacent to the east property line
5 Drainage and utility easement area adjacent to the east property line
1
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6
Drainage and utility easement area adjacent to the east property line
Drainage and utility easement area adjacent to the south property line
7 Drainage and utility easement area adjacent to the east property line.
Drainage and utility easement area adjacent to the north property line
8 Drainage and utility easement area adjacent to the east property line
9 Drainage and utility easement areas adjacent to the east property line.
10 Drainage and utility easement areas adjacent to the east property line.
13 Drainage and utility easement area adjacent to the west property line
14 Drainage and utility easement area adjacent to the west property line
15 Drainage and utility easement area adjacent to the west property line
16 Drainage and utility easement area adjacent to the west property line
17 Drainage and utility easement areas adjacent to the west property line
18 Drainage and utility easement areas adjacent to the west property line
19 Drainage and utility easement areas adjacent to the west property line
20 Drainage and utility easement areas adjacent to the westernmost
property lines
Block 4
Lots Restricted Easement Areas
21 Drainage and utility easement areas adjacent to the northwest property
line
22 Drainage and utility easement areas adjacent to the northwest property
line
23
Drainage and utility easement areas adjacent to the north property line
24 Drainage and utility easement areas adjacent to the north property line
25 Drainage and utility easement areas adjacent to the north property line
Block 6
Lots
1 Drainage and utility easement area adjacent to the east property line
2 Drainage and utility easement areas adjacent to the east property line.
3 Drainage and utility easement areas adjacent to the east property line.
4 Drainage and utility easement areas adjacent to the east property line.
Drainage and utility easement areas adjacent to the south property line
5 Drainage and utility easement areas adjacent to the east property line.
Drainage and utility easement areas adjacent to the north property line
6 Drainage and utility easement areas adjacent to the east property line.
7 Drainage and utility easement areas adjacent to the east property line.
2
8 Drainage and utility easement areas adjacent to the east property line
11 Drainage and utility easement areas adjacent to the west property line
12 Drainage and utility easement areas adjacent to the west property line
13 Drainage and utility easement areas adjacent to the west property line
14 Drainage and utility easement areas adjacent to the west property line
15 Drainage and utility easement areas adjacent to the west property line
16 Drainage and utility easement areas adjacent to the west property line
17 Drainage and utility easement areas adjacent to the west property line
18 Drainage and utility easement areas adjacent to the west property line
Block 8
Lots Restricted Easement Areas
4 The ten foot (10') drainage and utility easement areas adjacent to the
west property line
5 The ten foot (10') drainage and utility easement areas adjacent to the
east property line
3
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34.03
V. This municipality may adopt by reference any or all of the following optional
chapters of Minnesota Rules, Chapter 1306, Special Fire Protection System; and
Chapter 1335, Floodproofing Regulations, Parts 1335.0600 to 1335.1200;
W. This municipality may adopt by reference appendix Chapter K (Grading), of the
2002 Supplement to the 2000 International Building Code.
SEC. 4.02. Repealed. (Ord. 123, July 19, 1983)
SEC. 4.03. BUILDING PERMITS.
It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove,
convert, or demolish any building or structure, or any part or portion thereof, including, but not
limited to, the plumbing, electrical, ventilating, heating or air conditioning systems, water wells and
on-site disposal systems therein, or remove or displace any soil, ground or earth preparatory to any
action, or cause the same to be done, without first obtaining a separate building permit for each
such building or structure from the Building Official. It is also unlawful for any firm, person or .
corporation to erect, enlarge, improve, construct or move a fence in all zoning districts of the City
except agricultural within the corporate limits of the City without first obtaining a permit.
Notwithstanding any provision of this Section and in addition thereto, it is unlawful for any person to
remove or displace any soil, ground, gravel or earth without first obtaining a permit from the proper
City officials.
Subd.1. Fence Construction Requirements.
A. Fences less than six (6) feet in height shall not require a building permit. Fences
six (6) feet in height or greater shall require both a conditional use permit (CUP)
and building permit. All proposed fence designs for fences six (6) feet in height or
greater shall be approved by the Building Official prior to the issuance of a building
permit. (Added, Ord. 591, March 1, 2001)
B. All fencing erected in the City may be constructed adjacent to the property lines. If
a fence on the rear property line abuts a public alley there must be a three (3) foot
setback.
C. Type of construction shall be of any materials not deemed hazardous by the
Building Official and in appearance not deemed detrimental to the property values
of the area by the City Planner.
D. Additional Requirements:
1. Fences six (6) feet and under shall be permitted anywhere on the lot
except in the front yard setback. In the case of a double frontage lot,
fences six (6) feet high and under shall be permitted within the front yard
setback on a street frontage from which access is not obtained. (Ord. 550,
June 10, 1999)
Fences up to three (3) feet in height shall be allowed in the front yard
setback. (Amended, Ord. 571, July 27, 2000)
2. Fences in excess of the above heights shall require a conditional use
permit.
( page revised in 2005
305
~4.03
Subd. 2. Prohibitions and Limitations.
A. No building permit shall be issued for the construction, alteration, extension or
enlargement of any permanent building, structure or fixture on, over, under or
across any easement of the City or Shakopee Public Utility Commission without
first obtaining written approval from the City or the Shakopee Public Utility
Commission. EXCEPTION: Building permits may be issued for buildings
constructed prior to enactment of this Subdivision for repairs or alterations;
however, if a building is damaged by more than 50% of its fair market value, no
building permit for repairs or alterations shall be issued. (Ord. 492, July 24, 1997)
B. Movable buildings, structures or fixtures of less than 120 square feet and weighing
less than 400 pounds may be placed on an easement only if they can be moved
without damage during an emergency.
C. No improvement for ingress, egress, or parking lots shall be permitted within a
public easement without a permit therefor pursuant to Section 7.07 of the
Shakopee City Code.
D. No landscaping including but not limited to trees, shrubs, fences, rocks and berms
shall be placed on, over or across any easement of the City or S.P.U.C. that will
interfere with the ingress or egress by the City or S.P.U.C. for utility maintenance.
E. The City or S.P.U.C., whomever enters upon the easement will only replace
movable buildings as defined in Sub-paragraph B above, fences, driveways or
walkways in easements - for which the proper permits were obtained prior to
construction and shall either seed or sod to replace turf. The City or S.P.U.C. shall
not be responsible for replacement of any building, structure or fixture installed
without having obtained the proper permit or replacement of any landscaping
except turf. EXCEPTION: Work performed prior to enactment of this Subdivision
may not have been required to have had a permit. In this case replacements will
be made. (Ord. 67, June 18,1981; Ord. 75, November 12,1981; Ord. 115, March
24,1983; Ord. 129, August 11,1983; Ord. 221, July 30,1987; Ord. 361, August
19, 1993; Ord. 403, March 2, 1995)
SEC. 4.04. FOREIGN MATTER IN STREETS.
Subd. 1. General Prohibition. No person shall drive or move a vehicle which carries into or
deposits in any public street, alley, or other public place, foreign matter of any kind, including but not
limited to mud, dirt, sticky substances, or litter. A person who violates this provision shall
immediately remove the foreign matter, and upon failure to do so may be prosecuted.
Subd. 2. Construction Sites. Any person, firm, or corporation to whom a grading permit, building
permit, street cut permit, or utility permit has been issued shall remove at least once each working
day any foreign matter carried into or deposited in any public place by any vehicle entering or
leaving the construction site. (Ord. 362, September 30, 1993)
page revised in 2005
306
CITY OF SHAKOPEE @
FENCE HANDOUT
Fences less than six (6) feet .in height shall not require a building permit: Fences
six (6) feet in height of greater shall require both a conditional use permit (CUP)
and building permit. All proposed fence designs for fences six (6) feet in height
or greater shall be approved by Building Official prior to the issuance of the
building permit.
Information regarding the proposed fence height, design, and materials along
with a drawing which shows the proposed fence location, must be submitted with
the application for a Building Permit.
The Shakopee City Code defines a fence as "any partition, structure, wall or gate
erected as a dividing marker, barrier, or enclosure, and located along a property
boundary, or within a lot". Section 4.03, Subd. 1, of the Shakopee City Code
establishes the following criteria for the construction of fences:
A. All fencing erected in the City may be constructed adjacent to the property
Jines. If a fence on the rear property line abuts a public alley there must
. be a three (3) foot setback.
B. Type of construction shall be of any materials not deemed hazardous by
the Building Official and in appearance not deemed detrimental to the
property values of the area by the City Planner.
C. Additional requirements:
a. Fences six (6) feet and under shall be permitted anywhere on the
lot except in the front yard setback. In the case of a double
frontage lot, fences six (6) feet high and under shall be permitted
within the front yard setback on a street frontage from which access
is not obtained. (ord. 550, June 10, 1999). Fences up to three feet
in height shall be allowed in the front yard setback (ord. 571, July
18,2000).
b. Fences in excess of the above heights shall require a conditional
use permit.
D. The fence must comply with the Fire Departments requirements, which
state that there must be a 3-foot (914.4 mm) clear space maintained
around the circumference of fire hydrants except as otherwise required or
approved.
To locate utilities please contact Gopher State at 651-454-0002.
Fences located in any easement are subject to removal) at the property owner's
expense! if requested by a governmental or utility agency.
For additional information on these requirements, please contact the Planning
Department at (952) 233-9300.
If you are contemplating any
improvements within a drainage and utility
easement on your property or if you have
any questions conceming easements or
reqUIre additional information, please
contact Joe Swentek 111 the City of
Shakopee engineering department at (952) SHAKOPEE
233-9363 or iswcntck0ki.shakopcc.l11n.us.
Shed Constructed in a Storm Pond Easement COMMUNITY PRIDE SINCE 1857
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SHAKOPEE
. . ..... ENGINEERING
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DEPARTMENT
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How Well Do
YOU Know
Your Propert'l1
Landscaping in a .5.torm Pond Easement
Issue Number 1 May 2006
(jJ
What you need to know a bou t >- How is the use of easements restricted? >- How do I know where easements are
easements to avoid legal problems, located on mv property?
City Code prohibits property owners
frustration and unnecessary from constructing, altering, extending or When you purchase a home, the builder
expense: enlarging any permanent building, or previous owner should provide you
structure or fixture on, over, under or with a certificate of survey at closing
'r What is an easement? across any easement of the City of clearly showing the property lines and
Shakopee without obtaining wri tten all easements on the lot.
The City of Shakopee defmes an approval from the City of Shakopee.
easement as "A grant by a property If you cannot find this survey, the City
owner of the use of land by the public The City Code further prohibits any of Shakopee usually has a copy on file at
or appurtenant to another property for landscaping including, but not limited to, City Hall.
a specific purpose or purposes". trees, shrubs, fences, rocks and bemls
from being placed on, over, under or >- Examples of prohibited structures and
>- What is the purpose of an easement? across any easement that will interfere landscaping that may negatively impact
with the ingress or egress by the City of an easement:
During the platting process, when lots Shakopcc for maintenance purposes.
are being created, easements are ./ Sheds/Playhouses
dedicated as seen above to ./ Decks/Patios
accommodate storm water runoff Sample Certificate of ./ Doghouses
(either in swales or storm water ponds) Survey ./ Pools
and utilities such as sanitary sewer, ./ Trees
storm sewer, waternlain, electric lines, ./ Shrubs
gas lines, telephone lines and cable lil.:t.I i.;,"[ ,I ,',:.JII [II JI i'1 1 ./ Landscape Boulders
I f-:;: :.1[ :~ 1 t",ki t'. :~ ')[i":Jli" :J1J" i \.;illll) I
television lines. /. ~..'.//.' //.,'/'./ '". ",/.""/.//.' ./ Retaining Walls
" I I
'" " ./ Fences
"
Additionally, and perhaps most ~ u u u I " ./ Wood Chips/Mulch
illl 1 ":1":.1 1:"'.'1
importantly, the easements serve as ','.lIl< ./ Compost Piles
" I;.",
access points for authorized personnel " ./ Berms
" ,"
to enter for inspection and . I. . . . . i"
maintenance Should . . J <) J U I.: Jt~' i l.ll) J~J I
purposes. a i.....'; i: _....' I ~ 1 ::.!
failure of any of the previously listed
utilities occur, easements are typically Exhibit showing the ditTerent dimensions of drainage
the only entrance available to make and utility easements that may exist on a typical lot
repairs. within the City of Shakopee.
@)
Official Proceedings of the January 23, 2007
Shakopee City Council Page -6-
Bruce Loney stated with the CMMS system the City will be improving efficiency and will be
more effective in delivering services. Mr. Loney stated that it will take approximately two to
three years to see the entire benefit of the system.
Mr. Loney advised Council that a GIS Technician will be hired as a City employee to continue
with the CMMS system.
Bruce Loney presented Council with the Easement Management Plan. Mr. Loney said the City
is experiencing problems with residents placing encroachments in City easements which affect
the ingress or egress and the repair and replacement for Public Works maintenance activities.
Mr. Loney said staff has been researching this issue and found information from other Cities that
have been proactive in this issue.
Mr. Loney said that statT believes the current ordinance needs to be revised to be more current
and have more clarity on easement encroachment. Mr. Loney also recommended a fence permit
procedure to review and to catch possible problems before installation. Mr. Loney provided
pictures of easement encroachments.
Mr. Loney said that by implementing these changes, staffbelieves better compliance will be
achieved in new housing. For existing residences, easements that are needed for public works
maintenance activity will be identified and have owners contacted prior to the work being done.
Ifvoluntary compliance is not achieved, police enforcement would then be necessary.
All Council members agree that a revision to the current easement ordinance needs to happen;
adopting a fence permit procedure, an education program on easement encroachments needs to
be developed as well as an enforcement program on easement encroachments.
Mr. Loney said that he will be presenting Council at a later date a revised easement ordinance
and fence permit procedures.
Menden/Joos moved to adjourn to Tuesday, January 30, 2007 at 6:30 p.m. Motion carried 5-0.
The Council meeting ended at 10:40 p.m. on January 23, 2007.
Judith S. Cox
City Clerk
Kim Weckman
Recording Secretary
- -- - -- ---- - ---- - - -- - --- -- - --- ---"- - - --- --- - -- --"--' -- - -- ---- - - - - - -- - --- --_.-- ---- ----- -- - ----------- - - - - --- - - - --- - - - --- -------1
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CRANE STREET
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Top of roil food splk.. in the nort/1 face of
the 1 lth power pole wesl 01 Conterbury lEGEND:
Ori_e. on the north side 01 Volley View Road.
Elevalion '" 84-9.01 leet (per grading pion) ~ Oifection of pmposed
surface droifloge.
PROPOSED ElEVA nONS: EXISTING E:LEYA nONS: c@]) Proposed elevotion per grading plM
(per cerlilicote of survey) (per lield dolo col/ected 8-05-05) . 935.0 Exisling elevation
Top of poured 11'0/1 " 836,6 FFe " 838.3 6'50:'" Proposed eJevolian
Garage 1I00r " 836.0 Garage Iloor. '" . 836.4 sso Sanitary service (per construction pIons)
Basemen / Iloor = 828. <] Lowesl opening'" 832.3 wso Wo I er service
(! op of poured ...011 10 louMa lion '" 8.0 It) @ Catch bosin
* Bearings ore assumed per pial
,
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graphics purposes only.
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I
DE:SCRfP TION: . Job No. ~ By: !:!!. File 1592079-Cf:RT,dw9 I
Lot 5. Block 1. PARK MEADOWS FIRST
ADDITION, Scott County, Minnesota,
METRO
LAND SURVEYING
& ENGlNEERlNG
.8y: 3200 Corporale Cenler Drive-Suile 117. Bum..iIIo. MN 55306
T elepbone:(952)107.9299 F''''':(952}1G1.OQ36
Ronald P. Alwin, Lond Surveyor E.man: suO'cy@cnctrol..eom .
I Minnesoto Licel1Se No. 17765 Little Cenada Pine City Rogers Bumsville
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