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HomeMy WebLinkAbout13.C.1. Appeal of Staff's Determination on Encroachment into City Right-of-Way 13~C• I. CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Appeal of Staff's Determination on Encroachment in City Right-of--Way DATE: May 5, 2008 INTRODUCTION: Staff has received a verbal appeal from Randy Jones of 1548 Homestead Street in regard to an encroachment onto City property known as Homestead Court. The purpose of this agenda item is to hear the appeal of Mr. Jones on staff's determination. BACKGROUND: In July of 2007, City staff did receive notice of potential violation of City Code in regard to structures and other items placed in the platted right-of--way in Homestead Court. Staff did investigate this complaint and did find numerous encroachments in this area such as fencing, sheds, RV and other equipment on the platted right-of--way of Homestead Court, which was platted in the Homestead Ridge 2nd Addition development. Staff did review aerial photos taken in 2003, which indicated there were no encroachments at that time. Attached is a letter with attachments that was sent to Randolph and Renita Jones of 1548 Homestead Street in Shakopee notifying them of the encroachment and requesting that these encroachments be removed and the fence be relocated or be cited for these encroachments. Staff assisted in locating the right-of--way and worked with Mr. Jones and he did remove many of the items and asked for an extension of time to May 15, 2008 to move the fence, which is in the right-of--way of Homestead Court. Attached is the e- mail sent to Mr. Jones agreeing to that extension and staff agreed not to proceed with a citation for the violation. Mr. Jones recently called and asked to be on the City Council agenda to appeal staff's determination and to discuss the requirement of moving the fencing to his property. ALTERNATIVES: 1. Uphold staff's determination by approving a motion that the fence located on Homestead Court right-of--way be relocated, as per City Code. 2. Approve a motion to allow the fence to be in the City right-of--way and direct staff to prepare the appropriate agreement to allow the encroachment. 3. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No. 1, in order to be in compliance with City Code and respond to a previous complaint. ACTION REQUESTED: Uphold staff s determination by approving a motion that the fence located on Homestead Court right-of--way be relocated, as per City Code. ruce Lon .E. Public Wor s Director BL/pmp ENGR/2008-PROJECTS/2008-COiJNCIL/JONES-APPEAL SHAKOPEE August 16, 2007 Randolph &Renita Jones 1548 Homestead Street Shakopee, MN 55379 RE: Encroachment into City of Shakopee Property Dear Randolph &Renita, Ln July and August of this year, Shakopee City staff investigated potential violations of City Codes in regards to structures and other items placed on the platted Right of Way of Homestead Court which is city-controlled property adjacent to your property. As part of this investigation, staff confu-med numerous encroaches are present in this area. As you may know, this area was platted in the spring of 1995 (Homestead Ridge Second Addition), which includes a 60' roadway i'.ight of Way along with a 10' drainage and utility easement on each side for a total width of 80'. Efforts have been made to assist you in the location of your lot line by our Engineering staff. I have enclosed a copy of the Final plat and a copy of your Certificate of Survey to assist you in determining where these items can be placed. • The following is a list of a few items that are encroaching: o Large shed o Fencing o Large and small trailers o Yard waste o Landscaping material o Debris It is the goal of the City of Shakopee to keep all Right Of Way such as this free of unauthorized items. I have attached recent photos that document the encroachment. Please be advised items that have been placed within the City platted right of way are required to be removed within 60 days of the date of this letter to avoid a citation from the Police. Please be advised the relocation of the existing fence will require a permit from the City. Afollow-up inspection of the site will be completed to evaluate if the encroachments have been removed and if restoration activities are necessary. If you have questions or should you require any clarification, please contact me at 952-233-9361 or bloney@ci.shakopee.mn.us. Sincerely, Bruce Loney Director ofPublic Works City of Shakopee CO1v1~UNIT~1b~~~CE' @~Administrator 139 Holmes Street South ^ Shakopee. Minnesota • 55379-1351 • 952-233-9300 ° FAX 952-233-3801 • wn~~w.ci.shakopee.nm.us §4.03 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 §7.07 F. Agreement by the applicant, in writing, to pay all actual costs of repairs and restoration necessitated by reason of such work in public right-of--way and subsequent to final inspection of the work and within one (1) year thereafter. G. Agreement by the applicant, in writing, to save and hold harmless the City, its employees and agents from any acts arising from the construction and/or maintenance of the applicants facilities or work covered by the permit. H. Agreement by the applicant, in writing, to be bound by a(I the provisions in this Section. Subd. 6. Repealed. Subd. 7. Repealed. (Ord. 69, November 19, 1981; Ord. 87, February 16, 1982; Ord. 95, May 27, 1982; Ord. 170, June 27, 1985; Ord. 337, July 23, 1992) SEC. 7.08. OBSTRUCTIONS, FIRE, DUMPING, SIGNS AND OTHER STRUCTURES. Subd. 1. Obstructions. It is unlawful 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 other public property without first having obtained a written permit from the Council, 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 hereby included, but not by way of limitation within the definition of an obstruction. Subd. 2. Fires. It is unlawful for any person to build or maintain a fire upon a roadway. Subd. 3. Dumping in Streets. It is unlawful for any person to throw or deposit in any street or any other public place any nails, dirt, glass, tin cans, metal scraps, garbage, leaves, grass or tree limbs, shreds or rubbish, or to empty any water containing salt or other injurious chemical thereon; the effect of this Subdivision shall extend, but not by way of limitation, to depositing grease, oil and other fuel or lubricants in such places and to place a motor vehicle with essential parts (as defined in Minnesota Statutes) removed, except such vehicles as are temporarily disabled for a period not in excess of twelve (12) hours. Subd. 4. Signs and Other Structures. It is unlawful for any person to place or maintain a sign or other structure in the traveled or untraveled portion of any street or other public property without first having obtained a written permit from the City. In a district zoned for commercial special permission allowing an applicant to erect and maintain signs overhanging the street may be granted upon such terms and conditions as may be set forth in the zoning or construction provisions of the City Code. Subd. 5. Continuing Violation. Each day that any person continues in violation of this Section shall be a separate offense, and punishable as such. (Ord. 1, April 1, 1978) SEC. 7.09. CURB AND GUTTER, STREET AND SIDEWALK PAINTING OR COLORING. It is unlawful for any person to paint, letter or color any street, sidewalk or curb and gutter for advertising purposes, or to paint or color any street, sidewalk or curb and gutter for any purpose, except as the same may be done by City employees acting within the course or scope of their employment. Provided, however, that this provision shall not apply to uniformly coloring concrete or other surfacing, or uniformly painted house numbers as such coloring may be approved by the City Administrator. (Ord. 1, April 1, 1978) page revised in 2006 71$ §11.02 36. "Dwelling, Multiple-Family" - A dwelling unit which shares one (1) or more common walls, as well, as .common ceiling and/or floor with adjoining dwelling unit(s), which is designed for and occupied exclusively by one (1) family, and which does not have separate access to the outdoors. (Ord. 563, November 25, 1999) 37. "Easement" - A grant by a property owner of the use of land by the public or appurtenant to another property for a specific purpose or purposes. 38. "Existing" -Any structure or use which was in place or for which a building permit had been issued, and any lot which had been preliminarily platted, as of the effective date of this Chapter. In order to have an existing lot for atwo-family dwelling, the lot must have two (2) sanitary sewer stubs. 39. "Exterior Storage" or "Open Storage" -The storage of goods, materials, equipment, manufactured products, or similar items, not fully enclosed by a building, on a twenty-four (24) hour-a-day basis for at least seven (7) days per year. 40. "Family" -Any number of individuals related by blood, marriage, or adoption, or up to four individuals not so related living together as a single housekeeping unit. 41. "Fence" -Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along a propefi; boundary, or within a Ict. 42. "Flood" - A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake which results in the inundation of normally dry areas. 43. "Flood Frequency" -The frequency for which it is expected that a specific flood state or discharge may be equalled or exceeded. 44. "Flood Fringe" -That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study for the City. 45. "Flood Plain" -The bed of a wetland or lake, or the channel of a watercourse, and areas adjoining the bed or channel, which have been or hereafter may be covered by the regional flood. 46. "Flood Proofing" - A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding. primarily for the reduction or elimination of flood damages. 47. "Floodway" -The bed of a wetland or lake and the channel of the watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. 48. "Floor Area" -The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls. The term shall include basements but not porches, balconies, breezeways, or attic areas having a head room of less than seven (7) feet six (6) inches. page revised in 2004 1064 §11.02 140. "Sign, Window" - A sign attached to, placed upon, or painted on the interior or exterior of a window or door of a building and which is intended for viewing from the exterior of such building. 141. "Silo" - A vertical, cylindrical structure, made of reinforced concrete, steel, timber or materials which comply with building codes, used for storing grain, cement or other materials necessary to the conduct of operations with a permitted or conditional permitted use in a specified zoning district. (Ord. 549, June 3, 1999) 142. "Single-Family Dwelling" - A residential structure designed for and occupied exclusively by one (1) family. 143. "Street" - A public right-of-way affording primary access by pedestrians and vehicles to abutting properties. 144. "Structure" -Anything constructed or erected, the use of which requires a location on, below or above, the ground, or attached to something having a location on the ground, including signs and fences. 145. "Subdivision" -The creation of one (1) or more lots under the provisions of Chapter 12. 146. "Tavern" - An establishment where a majority of customers order, are served, and consume alcoholic beverages. 147. "Temporary Sign" -See "Sign, Temporary". 148. "Toe of the BIufF' -The lower point of a fifty (50) foot segment with an average slope exceeding 18%. 149. "Top of the BIufP' -The higher point of a fifty (50) foot segment with an average slope exceeding 18%. 150. "Tower" -Any pole, spire, structure or combination thereof including supporting lines, cables, wires, braces, and masks; intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade. (Ord. 479, March 13, 1997) 151. "Townhouse" A residential structure consisting of two (2} or more contiguous dwelling units, sharing only common walls, each having access through separate individual entrance/exits adjacent to a lot line, and each having separate garage/storage areas. (Ord. 467, December 19, 1996; Ord. 520, July 16, 1998) 152. "Two-Family Dwelling" - A residential structure composed of no more than two (2) dwelling units which may share common walls, ceilings, floors or any combination thereof. Each dwelling unit shall be designed for and occupied exclusively by individual families living independently of each other. (Ord. 520, July 16, 1998) 153. "Use" -The purpose or activity for which the land or structure thereon is designated, arranged, or intended, or for which it is occupied or maintained. 154. 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"i'l7+'SF f r YF ~~''.~t'!`~E / { F 'h. • . ,~s; s _ S ~j ~'Y ~ ~'pi ry xYe~"~~~~Q~ ~ _ ! t} F ~R x t~: eye°~ ; E t q.,...;;~~;. - t ~ ~ ~ ~ "'i,£~` a tom, 4' ? e i ~iIy'r-//~~ i J ~T;SY~ A?i •St 9 1 -C t a, ~ ~4 a r F a~ 1, ( :eta" r .Y, w.. { a ~ the rti, a s~ e ~ -5 rt~5 4' • y,~;.. - ~ y el 1 s '„s''1 X';t.° . f t r S _ x ,d,.•. ~ Sri.. fi ft ~ ~ Ld i. gc: ~ t,~rt`u~,+'#S i;:'i:.l. > ' _ .?ie.''>~.,..,.:se.Q~?~i.J;.~y3'*'h.',laT4'~.#`~ -,~~...~%,a'd'Y '"i:?:f,~ •1 a a'} 7 ' L N •'`d• Yom: ~'ir ~at~:sc:, E~ Rs'~'r fug ~ ~ . ~A ~ y~ "f .8~ r to fe f ~ 4 ry 5~,.•sr~a ; r Bruce Loney From: Randy Jones [jonesr@invergrove.k12.mn.us] Sent: Wednesday, November 21, 2007 11:25 AM To: Bruce Loney Subject: Re: FW: Attachments: Text.htm Text.htm (2 KB) Thanks. Just to keep you updated. All of the trailers and the RV are being moved to Mystic Lake storage this afternoon. -Then we should be good to go until next spring. Thanks for the help Randy "Bruce Loney" <BLoney@ci.shakopee.mn.us> 11/20/2007 1:43 pm Randy previously you sent an email response as follows "Yes, work will be completed by May 15, 2008. We will pull a permit to move the fence. Thanks for the help. Can you let me know who will be maintaining and mowing the right of way area after May 15, 2008? I have sent you a PDF of the city code on the definition of a street and the provision on residents to cut grass and weeds. According to the city code, the adjacent residents need to mow the area to the centerline of the right of way from their property. If you have further questions on this, let me know. Bruce Loney Public Works Director Direct No. 952-233-9361 Fax No. 952-233-3801 -----Original Message----- From: Bruce Loney [mailto:bloney@ci.shakopee.mn.us] Sent: Tuesday, November 20, 2007 12:39 PM To: Bruce Loney Subject: This E-mail was sent from "RNPA64347" (DSc428). Scan Date: 11.20.2007 13:39:17 (-0500) Queries to: helpdesk@ci.shakopee.mn.us 1 Bruce Loney From: Randy Jones [jonesr@invergrove.k12.mn.us] Sent: Monday, November 12, 2007 7:44 AM To: Bruce Loney Subject: RE: Randy Jones Attachments: Text. htm Text.htm (2 KB) Yes, work will be completed by May 15, 2008. We will pull a permit to move the fence. Thanks for the help. Can you let me know who will be maintaining and mowing the right of way area after May 15, 2008? Randy D. Jones "Bruce Loney" <BLoney@ci.shakopee.mn.us> 11/9/2007 3:15 pm Randy, in regards to this letter and your commitment to move the fence on to your property, you will need to take out a fence permit to meet the new ordinance and to move the-fence by May 15th, 2007. We will put a hold on the ticket that has been issued with the understanding that the fence is moved by the above date. If this fence is not moved by the date mentioned above, then the ticket will be issued. Please confirm or comment back to this email. Bruce Loney Public Works Director Direct No. 952-233-9361 Fax No. 952-233-3801 -----Original Message----- From: Randy Jones [mailto:jonesr@invergrove.kl2.mn.us] Sent: Friday, November 09, 2007 1:33 PM To: Bruce Loney Subject: Randy Jones 11/9/2007 Bruce: I just received your voice mail. I mailed the letter yesterday, Nov. 8. You should receive it today or Monday. I have also enclosed a copy of the letter in this email. Also, I would hope that the ticket can be taken care of. I am curious of the process of how the ticket came about since the two areas of violations are not violation and incorrect. So I have no problem fighting this if I have to. Below is a copy of the letter. Thanks Randy D. Jones 952-334-5478 rjones218@comcast.net To the City of Shakopee: In response to your letter dated August 16, 2007. We have moved the storage shed. Cleaned the area and last week secured parking for the camper at Mystic Lake Storage. I am requesting that we have until next spring to move the fence. I start my construction business every May and would like until then to .move the fence properly. 1 13 . , l , Randy and Renita Jones 1548 Homestead St. Shakopee, MN 55379 952-445-4322 April 29, 2008 I am writing to request the opportunity to speak in front of the city council regarding the right of way located next to our property at 1548 Homestead. St. On the right of way we constructed a fence with the permission of the city. We followed the city guidelines at the time (four years ago) for building a fence. We built the fence as a non permanent structure as directed by the city. The city has asked us to remove the fence from the right of way, and we are asking the board to allow us to keep the fence where it is at. These are the reasons that we feel it is appropriate to keep the fence: We have maintained that property for thirteen years. We have invested thousands of dollars into the right-of--way property. We financially invested again, after the city tore it up a second time, and would not clean it up. We re-seeded again. We graded the land (twice), yearly seeding, fertilizing and mowing. Re-seeding after wild flowers were grown there. The fence that has been placed in the right of way is stained white and is maintained. The fence was built with the cities permission. The fence is anon-permanent fence as instructed by the city. If the fence is removed? Who will take care. of the property? It is the cities responsibility to maintain right of ways. They have refused to maintain it. Before starting the construction of our fence we discussed the fence specifications with the home owners whose property touches our property. Each of the home owners was fine with what we were planning and gave us the go ahead to build our fence. I then phoned the offices of the Shakopee City Hall to make sure we were following city ordinances. I spoke to a woman by the name of Julie. She gave me specific instructions for our fence construction. Since we' lived next to a "Right of Way" we were instructed to: 1. Build our fence on the Right of Way as long as it was not a permanent structure. 2. Check with our neighbors and it was agreed upon by our neighbors. 3. Was not higher then sic feet tall. 4. We did not need a construction permit. At this time we also discussed with Julie the terms of a Vacation of Property. She stated that after 12 years of taking care of the property, if it was not built upon, it becomes the ownership of the person livirtg next t4 it as long as it was properly maintained. _ I Thank You, Randy and Renita Jones ~i f ; HY - 2 2008 ~ I i _~_..__,~......_.4 ?j' !S ~