ITEM 3.7 Property Maintainence Ord.TF
Otsezo
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
14 December 2015
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent Agenda
City Administrator Johnson
3.7 — Property Maintenance Ord.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of an ordinance amending the City Code regarding property
maintenance of outlots and undeveloped parcels.
ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED?
No. I No.
BACKGROUNDMUSTIFICATION:
Section 5-7-3.8.3 of the City Code establishes requirements that lots be maintained such that grass
lawns do not exceed eight inches in height. This section was amended by Ordinance 2009-03 on 27
April 2009 to reduce the maximum height allowed from 12 inches to eight inches. Ordinance 2009-03
also adopted Section 5-7-3.G of the City Code to provide exceptions from the property maintenance
requirements for outlots and undeveloped parcels. Individual parcels or contiguous outlots or
undeveloped parcels with an area less than one acre must be maintained to a height not exceeding 12
inches. For individual or contiguous outlots or undeveloped parcels with an area of one acre or more,
there is no height restriction for plantings. All outlots and undeveloped parcels are required to be
controlled for noxious weeds as defined by State Statute.
City staff has not required the maintenance of the 12 inch height limit for outlots or undeveloped
parcels with an area less than one acre where physical conditions make mowing difficult (or even
unsafe) or where mowing would likely increase erosion. The most common area where this situation
occurs is on the back slope of a vacant single family lot between the front and rear yards where the
grading plan is established for lookout or walkout basements. This situation also may occur depending
on the extent of the initial grading that has been done for the planned land uses. City staff has drafted
a proposed amendment to Section 5-7-3.G to add a provision specifically allowing the Zoning
Administrator discretion to waive the maintenance requirements based on the physical condition of the
outlot or undeveloped parcel. This amendment reflects current practices and will provide clarity for
City staff, developers and adjacent property owners as to the expectations for property maintenance
and the City's approach to enforcement.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Ordinance 2015-12
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to adopt Ordinance 2015-12 amending the City Code regarding property maintenance of outlots
and undeveloped parcels.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA o NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
ORDINANCE NO.: 2015-12
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING PROPERTY
MAINTENACE OF OUTLOTS AND UNDEVELOPED PARCELS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 5-7-3.G.3 of the City Code is hereby amended to add the
following provisions:
d. The Zoning Administrator may, at their discretion, provide additional
exceptions from the requirements of Section 5-7-3.B.3 of this
Chapter where the physical characteristics and conditions of the
outlot or undeveloped parcel(s) make property maintenance
prohibitive or where such actions may result in erosion.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
1
ADOPTED by the City Council of the City of Otsego this 14t" day of
December, 2015.
ATTEST:
Tami Loff, City Clerk
2
CITY OF OTSEGO
Jessica L. Stockamp, Mayor