Agenda - Council - 04/12/2005 - Laserfiche WebLink

Home

where it is not feasible the trail should be constructed two feet within right of way from the property line. Motion carried. Voting Yes: Chairperson Elvig, Councilmembers Cook, and Olson. Voting No: None. Case #8: Consider Encroachment Procedure for Buildings in Ramsey Town Center Assistant Director of Public Works Olson explained that the Ramsey Town Center retail areas have been set up to have the buildings close to the right of way lines. The zoning code specifically requires most buildings to be within 0 - 5 feet of the front lot line to create a more urban look to the development. Plans for the first building in RTC 3rd addition have been submitted for review. The plans show canopies extending into the street right of way. The lowest edge of the proposed canopies is 10 feet above the sidewalk. Public works maintenance staff has indicated this should be adequate clearance for any equipment they would use to remove snow or maintain thc right-of-way. Minneapolis standards were mentioned several times during discussions with the developer regarding the proposed encroachments. Staff has researched the Minneapolis requirements and offers the following comments. The ordinance is being revised, these comments reflect the existing procedure since the timing of adoption of the revisions is not speci fled. A permit is required for any portion of a building that encroaches into the right-of-way either above or below ground. Insurance must be maintained by the owner of the building while the encroachment is in place, a lapse in insurance will be grounds for initiating the process of revoking the permit and removing the encroachment. Doors may not project more than 4 inches when fully open. Awnings, canopies and marquees must meet specific structural design requirements. Staff searched the code for several other cities that have buildings in close proximity to the right- of-way to get additional information. Hopkins requires a conditional use permit for all canopies and insurance naming the city as an insured must be maintained while the canopy is in place. St. Paul rcq uires a permit for right-of-way encroachments excluding awnings. The area between the back of curb and the right-of-way in Ramsey Town Center has planter boxes, boulevard trees, light poles and sidewalks above ground with a duct bank for underground utilities. This style of development is clearly different than the traditional standards found in the zoning code outside of the recently adopted Town Center sections. Specific guidelines need to be adopted to supplement and define the vision shown in the Town Center sections of the zoning code. City stal'f recommended implementation of a procedure for review and approval of right-of-way encroachments, including aboveground and underground features. The City Attorney should rcvicxv the proposed policy. Public Works Committee/January 18, 2005 Page 25 of 27