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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 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 529525