Development Business - Sheila Sellman, City Planner
Title
Title
Second Reading
Granting Code Amendments to Section 33.05 Lot Provisions, 33.08 Fences, 33.11 Permitted Encroachments-Yards, 82-231 Declaration of a Nuisance, 82-232 of the City Code Related to Site Distance Triangle. City of Blaine (Case File No. 22-0020/SAS)
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Executive Summary
The proposed code amendments provide language to allow objects that are 75% transparent be located in the site distance triangle and language for violation enforcement.
Schedule of Actions
|
Planning Commission Public Hearing |
04/12/22 |
|
City Council (1st Reading) |
05/02/22 |
|
City Council (2nd Reading) |
05/16/22 |
Background
Staff report prepared by Sheila Sellman, City Planner
In September 2021, staff was made aware via a complaint of a fence that was being erected on a corner lot that did not meet city code requirements related to the site distance triangle. The fence was installed without a permit. Staff worked with the homeowner and a plan was submitted that met the necessary code requirements.
Upon inspection of the neighborhood, staff observed other fences that were erected without permits that did not meet city code requirements related to the site distance triangle. Unfortunately, there are likely many instances in other parts of the City where this issue exists. The issue was discussed at a City Council workshop in December 2021 and direction was given to staff to review the City Code and present options to amend the code.
The site distance triangle is defined, “in the case of 90-degree intersecting streets, shall be described as the area within the triangle formed by connecting the following three points: the point of intersection of the curb lines adjacent to the lot of the intersecting streets, a point 60 feet from said point of intersection along one curb line, and a point 60 feet from said point of intersection along the other curb line. In the case of all other intersecting streets, the intersection sight distance triangle shall be defined by the Zoning Administrator”.
In the fence section it states, “On corner lots, no fence greater than 30 inches in height shall be permitted within the intersection sight distance triangle”
It is staff’s opinion that the intent was to not allow anything that would obstruct the view at an intersection, however a chain-link fence would not necessarily be an obstruction since it can be seen through. Staff suggests adding language that allows fences in the sight distance triangle that are 75% transparent. This would allow chain-link fences but not privacy fences.
Further, staff suggests adding general language that would allow objects or structures that are only 75% transparent with approval from the Building Inspections and Engineering Departments. Additionally, add clarifying language about plantings (section 82-232).
Additional language is proposed under Declaration of a Nuisance describing the process for violations.
The City Council discussed these changes at the March 7, 2022 council workshop and directed staff to draft ordinance amendments accordingly.
Strategic Plan Relationship
Not applicable
Board/Commission Review
The Planning Commission voted unanimously to approve the Code Amendments. There were no comments at the public hearing.
Financial Impact
Not applicable
Public Outreach/Input
Notices of a public hearing were:
1. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
2. Posted on the City’s website.
Staff Recommendation
By motion, approve the ordinance.
Attachment List
Unapproved Planning Commission Minutes 4/12/22
Public Comment
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in overstrike.)
33.05 Lot provisions
(e) The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth, which may cause danger to traffic on a street or public road by obscuring the view. On corner lots, in any district, no structure or planting in excess of thirty (30) inches above the curb line shall be permitted within the intersection sight distance triangle that are not 75% transparent.
33.08 Fences
(f) (5) On corner lots, no fence greater than 30 inches in height shall be permitted within the intersection sight distance triangle that are not 75% transparent.
33.11 Permitted encroachments- yards
(i) On corner lots, in any district, encroachments are not permitted in excess of thirty (30) inches above the curb line in the intersection sight distance triangle that are not 75% transparent.
33.12 Traffic Control
The traffic generated by any use shall be channeled and controlled in a manner that will avoid: congestion on public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic.
(a) Internal traffic shall be so regulated as to insure its safe and orderly flow. Traffic into and out of commercial and industrial areas shall, to the extent possible, be forward moving with no backing into streets. On corner lots, no structure or other materials shall be placed within the intersection sight distance triangle between the height of two and one-half (2½) and ten (10) feet above the center line grade of the intersecting street that is not 75% transparent.
Sec. 82-231. Declaration of a nuisance.
Structures, objects, fences that are not at least 75% transparent, or plantings in excess of 30 inches above the abutting curb line within the intersection sight distance triangle, may be declared a public safety hazard (public nuisance) by the City. The declared public nuisance shall be corrected by the property owner within 10 days of notice. If the correction is not made the City or its agent will abate the nuisance by trimming, altering or removing any declared nuisance. Costs associated with the nuisance abatement will be billed to the property owner. which are deemed to create a hazard by the city engineer, are declared to be a public nuisance and shall be removed in accordance with the provisions of applicable ordinances and state laws.
Sec. 82-232. Intersection sight distance triangle.
On all corner lots in all districts, the sight distance triangle (SDT) shall remain free of plantings, structures or objects exceeding 30 inches in height which create a public safety hazard to traffic and pedestrians. Chain link or decorative fencing that is 75% transparent or greater, may be permitted within the SDT based on review and approval by the Building and Engineering Departments. The City reserves the right to allow certain plantings, structures or objects exceeding 30 inches in height which do not present an immediate public safety hazard (visual impairments) near the SDT. no structure, object or planting in excess of 30 inches above the abutting curbline shall be permitted within a triangular The SDT area is defined as follows: The intersection SDT sight distance triangle, in the case of 90 degree intersecting streets, shall be described as the area within a triangle formed by connecting the following three points: the point of intersection of the curblines adjacent to the lot of the intersecting streets, a point 60 feet from such point of intersection along one curbline, and a point 60 feet from such point of intersection along the other curbline. In the case of all other intersecting streets, the SDT intersection sight distance triangle shall be determined by the city engineer.
INTRODUCED and read in full this 2nd day of May, 2022.
PASSED by the City Council of the City of Blaine this 16th day of May, 2022.