HomeMy WebLinkAbout2016-04 04-07 APCITY OF
BROOKLYN CENTER
Notice is hereby given that a
public hearing will be held on the
25th day of April, 2016, at 7:00 p.m.
or as soon thereafter as the matter
may be heard at the City Hall, 6301
Shingle Creek Parkway, to consider
an Ordinance Amending Chapter
35 of the City Ordinances regard-
ing decks and porches as an al-
lowable encroachment into certain
residential yard setback areas, and
adding new definitions of deck and
porches.
Auxiliary aids for persons with
disabilities are available upon re-
quest at least 96 hours in advance.
Please contact the City Clerk at
(763) 569-3300 to make arrange-
ments.
ORDINANCE NO.
AN ORDINANCE AMENDING
CHAPTER 35 OF THE CITY CODE
OF ORDINANCES REGARDING
DECKS AND PORCHES AS AN
ALLOWABLE ENCROACHMENT
INTO CERTAIN RESIDENTIAL
YARD SETBACK AREAS AND
ADDING NEW DEFINITIONS OF
DECKS AND PORCHES.
THE CITY COUNCIL OF THE
CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:
Section 1. Brooklyn Center City
Code, Section 35-400 is amended
as follows:
Section 35-400. TABLE OF MIN-
IMUM DISTRICT REQUIREMENTS.
8. The following shall not be
considered as encroachments on
yard setback requirements:
a.In any yards: Off-street open
parking spaces; ramps and land-
ings providing handicap accessibil-
ity to a principal structure: terraces;
awnings; canopies; front entry
steps and landings not cxcccding-
1096 of the area of the yard; roofed
portico or enclosed vestibule not
exceeding 36 sq. ft. in size; chim-
neys; flagpoles; air conditioner
condensers; temporary seasonal
swimming pools; opaque fences,
hedges, or walls provided they
shall not exceed four feet in height
in front yards and provided they do
not impede vision within the sight
triangle described in Section 35-
560, or a clear view of the address
of the principal building. Fences,
hedges, or walls may exceed four
feet in height alongside interior
property lines. No fence, hedge or
wall shall be allowed which consti-
lutes an unsafe sight obstruction
for pedestrians or motor vehicle
operators.
b.In rear yards: Recreational
and laundry drying equipment; ar-
bors and trellises; balconies limited
to 15% of the yard area; breeze-
ways, open porches; detached out-
door living rooms (patios).
c. In front yards and corner side
yards: Decks may encroach up to
six feet (6') into the setback areas
provided:
1)The entire encroachment,
including stairs and attachments,
must not exceed 100 square feet
in area:
2)The deck provides access to
the main entrance of the principal
dwelling:
3) The floor of the deck is no
higher than the threshold of the
main entrance to the principal
dwelling:
4)The underside of the deck,
when viewed from the street, must
be screened with a decorative lat-
tice, skirt board, landscaping or
combination of materials to at least
fifty percent (50%) opaque; and
5)The deck must be construct-
ed with quality materials, main-
tained in in good condition, and
architecturally commatible with the
principal dwelling to the greatest
extent reasonably possible.
d. In front yards and corner side
yards: Enclosed or Unenclosed
Porches may encroach up to ten
feet (101 into the setback areas
provided:
1)The porch must maintain a
minimum 25-foot setback from the
front lot line: 10-foot setback from
a side interior lot line: and 20-foot
setback from any street corner
side-yard lot line, with steps and/or
accessibility ramps excluded from
this provision:
2)The width of the porch shall
not exceed 20-feet along the front
edge of the dwelling, and the maxi-
mum allowable size of the porch
shall not exceed 200 sq. ft. in area:
3)The floor of the porch is no
higher than the threshold of the
main entrance:
4)No part of an enclosed porch
may be used for year-round living
5)In cases where a corner lot
dwelling has separate front-door
entrances on each street-side,
only one porch encroachment is
allowed:
6)The underside of the porch
must be screened with a decorative
lattice, skirt board, landscaping or
combination of materials, which is
at least fifty percent (50%) opaque
when viewed from the street: and
71 All new elements and features
of the porch, including the roof,
must be architecturally compatible
with the principal dwelling.
Section 2. Brooklyn Center City
Code, Section 35-900 is amended
by adding definitions as follows:
Section 35-900, DEFINITIONS.
DECK - A horizontal, unen-
closed, above-ground, level plat-
form without a roof, which may
be attached or unattached to a
principal dwelling, including any
attached railings, seats, trellises,
or other features not more than
36 inches above the platform,
and which platform is function-
ally related to a principal use. An
unattached deck is considered an
accessory structure in any yard,
wetland, floodplain, or river corridor
critical area.
PORCH. ENCLOSED - A hori-
zontal roofed platform attached
to an entrance of a dwelling, with
an integrated wall system consist-
ing of roof support members such
as pillars, posts or columns, and
which is fully enclosed by walls,
screens, windows, or removable
storm-windows that cannot be
accessed from the outside except
through a door that is capable of
being locked.
PORCH, UNENCLOSED - A
horizontal roofed platform attached
to an entrance of a dwelling, with
a roof support system consisting
of pillars, posts or columns, which
may or may not have railings or
knee-wall railings no higher than
36-inches from the platform level,
and which does not include walls,
screens, windows, or doors.
Section 3. This ordinance shall
become effective after adoption
and upon thirty days following its
legal publication.
Adopted this day of , 2016.
Mayor
ATTEST:
City Clerk
(strikcthrougha indicates matter to
be deleted, double underline text
indicates new matter.)
Published in the
Brooklyn Center Sun Post
April 7,2016
529525
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ssCOUNTY OF HENNEPIN
Charlene Void being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Brooklyn Ctr/Brooklyn Park
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being on 04/07/2016 and the last
insertion being on 04/07/2016.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
I —)
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 04/07/2016 by Charlene Void.
J\ W c Aj
Notary Public
DARLE NE MARIE MACPHERSON
Notary Public-min fleSOta
My Commission Expires Jan 31, 2019
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