1998-12BILL NO. 1998-12
AMENDMENT TO APPENDIX B
OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 506.07 of Appendix B of the ordinance code of the City of
Richfield is amended by adding subdivision 63 as follows:
Subd 63 "Porches" - A sheltered entryway attached to a building and
pro~ectin~ from its main mass may be open-sided or partially enclosed.
Section 2. Subsection 506.07 of Appendix B of the ordinance code of the City of
Richfield is amended by renumbering subdivisions 63 through 87 as follows:
Subd. 6~4. "Public utilities, major" -Public utility buildings with more than 500 square
feet of gross floor area; electric sub-stations; or high voltage transmission lines.
Subd. 645. "Public utilities, minor" -Public utility buildings with 500 square feet or
less of gross floor area; transformer boxes or similar utility features; or low voltage
transmission lines.
Subd. 6~6. "Restaurant -Class I" -Full Service Restaurant: restaurants where food
and intoxicating beverages are served and consumed by customers while seated at a
counter or table, and which may provide entertainment, either live or prerecorded.
Subd. 6~7. "Restaurant -Class II" -Traditional Restaurant: restaurants where food and
non-intoxicating beverages are served and consumed while seated at a counter or table;
Cafeteria Restaurant: restaurants where food and non-intoxicating beverages are selected
by customers while passing through a service line and taken to a table for consumption.
Subd. 6~8. "Restaurant -Class III" -Fast Food or Convenience Restaurant: restaurants
where most customers order and are served their food at a counter or in a motor vehicle in
packages prepared to leave the premises, or able to be taken to a table or counter to be
consumed; Drive-in Restaurant: restaurants where most customers consume their food
on-site in a motor vehicle regardless of how it is served.
Subd. 6~9. "Restaurant -Class IV" -Take Out Only Restaurant: Establishments where
food is usually ordered by telephone and prepared on the premises for consumption off
the premises, with no seating or other area provided on the premises for consumption.
The establishment may deliver food to the customer, or the customer may pick food up.
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Subd. X970. "Service station" - An establishment where gasoline and other petroleum
products are sold as the principal use of the property. Light maintenance activities such
as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to
such principal use. Service stations do not include premises where retail sales space
exceeds 25 percent of the total building area or 500 square feet of gross floor area,
whichever is less. Service stations do not include premises where heavy automobile
maintenance activities such as engine overhauls, automobile painting, and body work are
conducted.
Subd. 791. "Service station/convenience store" - An establishment where gasoline and
other petroleum products are sold, and where the retail sales space exceeds 25 percent of
the total building area or 500 square feet of gross floor area. Service station convenience
stores do not include premises where heavy automobile maintenance activities such as
engine overhauls, automobile painting, and body work are conducted.
Subd. 7~2. "Set back" -The minimum horizontal distance required between a building
and the related front, side, or rear lot lines.
Subd. 733. "Shopping center" - A grouping of retail businesses, service establishments,
and/or office uses on a single site with common parking facilities.
Subd. 734. "Story" -That portion of a building included between the surface of any
floor and the surface of the next floor above it, or if there is no floor above it, then the
space between such floor and the ceiling above it.
Subd. 745. "Story, half ' -That portion of a building under a gable, hip or gambrel roof
the wall plates of which, on at least two opposite exterior walls, are not more than two
feet above the floor of such story.
Subd. 7~6. "Structure" -Anything erected, the use of which requires more or less
permanent location on the ground or attachment to something having permanent location
on the ground.
Subd. 7~7. "Structural alteration" -Any change, other than incidental repairs, in the
supporting members of a building such as bearing walls, columns, beams, girders, or
foundation.
Subd. 778. "Use, accessory" - A use associated with, incidental to, and on the same lot
as, a principal use.
Subd. 789. "Use, conditional" - A use, either public or private, which because of its
unique characteristics, cannot be properly classified as a permitted use in a particular
district. After due consideration in each case, of the impact of such use upon neighboring
land, and of public need for the particular use at the particular location, such use may or
may not be approved by the Council.
Bill No. 1998-12
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Subd. X380. "Use, permitted" - A principal use which may be lawfully established in a
particular district, provided it conforms with all the requirements, regulations and
performance standards of such district.
Subd. 891. "Use, principal" -The primary purpose for which land or premises or a
building thereon is designed, arranged or intended or for which it is or may be occupied
or maintained.
Subd. 842. "Use, prohibited" - A use which shall not be established or conducted within
a particular district.
Subd. 833. "Variance" - A modification or variation of the literal provisions of this code
where it is determined that by reason of special or unusual circumstances related to the
individual property under consideration, strict application of the code would cause undue
hardship, and granting of a variance would not interfere with the general purpose and
intent of this code, nor have an adverse impact on surrounding properties.
Subd. 834. "Yard" - A required open space located on the same lot with a building,
unoccupied and unobstructed from the ground
up, except for landscaping or other uses as
provided by this code. The minimum depth
or width of a yard shall consist of the
horizontal distance between the lot line and
the nearest wall of the principal building.
Subd. 845. "Yard, front" - An open space
on the same lot with the building extending
across the entire width of the lot and situated
between the front lot line and the nearest line
of the principal building, as projected to the
side lot line(s). (Figure 8)
. Rear Lot Line
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Side , Rear Yard ! Lot Line
Lot Line i i ~
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Side ! Build~ngRoof ; Side
Yard -a . ~ , '~- Yard
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Front Yard
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-Front Lot Line
Figure 8
Subd. 8~6. "Yard, rear" - A yard extending across the entire width of the lot and
situated between the rear lot line and the nearest line of the principal building, as
projected to the side lot line(s). (Figure 8, p. 506-10)
Subd. 867. "Yard, side" - A yard lying between the side lot line and the nearest line of
the building extending between the front yard and the rear yard, or in the absence of
either such front or rear yard, to the front or rear lot lines. (Figure 8, p. 506-10)
Bill No. 1998-12
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Subd. 8~8. "Zoning district" - An area or areas of the City for which the regulations
under this code governing use, land, or structure are uniform.
(Amended, Bill No. 1996-22)
Section 3. Subsection 521.11, subdivisions 7 (g) and 7 (h) of Appendix B of the
ordinance code of the City of Richfield are added as follows:
q) in required front yards covered porches attached to the principal building that
extend no more than 10 feet, provided that the porch is no closer than 20 feet
from the front lot line and that the design of the porch is approved by the
Community Development Director. The Community Development Director
must make the following findings to approve a porch encroachment up to 10
feet:
i) the exterior materials of the proposed porch are consistent or
complementary in color, texture and quality with those visible at
the front of the dwelling;
ii) the roof of the proposed porch is properly proportioned to and
integrated with the roof of the dwelling and has no less than a
3/12 slope;
iii) the base of the porch is not open and its appearance is consistent
with the base of the dwelling;
iv) at least 65 percent of the exposed porch facade is open or
occupied by windows, screens, and/or doors of transparent
material the facade constitutes the area from the floor level of the
porch to the porch ceiling; and
plans are prepared by a registered architect or reviewed by the
City's Design Advisor;
The Director may attach conditions to the approval of the porch encroachment
as needed to make the required findings; and
h) in reauired residential street side yards~_covered porches attached to the front
of a principal building that extend no more than 10 feet, provided that the
porch is no closer than 20 feet from the streetside lot line and that the design
of the porch is approved by the Community Development Director. The
Director must make the findings required by Section 521.11, subdivision
7(g)(i) - (v). The Director may attach conditions to the approval of the porch
encroachment as needed to make the required findings.
Section 4. Subsection 521.27, subdivisions 5 (e) and 5 (f) of Appendix B of the
ordinance code of the City of Richfield are added as follows:
e) in required residential front yards covered porches attached to the principal
building that extend no more than 10 feet provided that the porch is no closer
than 20 feet from the front lot line and that the design of the porch is approved
the Community Development Director. The Community Development
Bill No. 1998-12 -5-
Director must make the following findings to approve a porch encroachment
up to 10 feet:
the exterior materials of .the proposed porch are consistent or
comolementary in color, texture and quality with those visible at
the front of the dwelling;
ii) the roof of the proposed porch is properly proportioned to and
integrated with the roof of the dwelling and has no less than a
3/12 slope;
iii) the base of the porch is not open and its appearance is consistent
with the base of the dwelling;
iv) at least 65 percent of the exposed porch facade is open or
occupied by windows screens and/or doors of transparent
material; the facade constitutes the area from the floor level of the
porch to the porch ceiling; and
v) plans are prepared by a registered architect or reviewed by the
City's Design Advisor;
The Director may attach conditions to the approval of the porch encroachment
as needed to make the required findings; and
fl in required residential street side yards covered porches attached to the front
of a principal building that extend no more than 10 feet, provided that the
porch is no closer than 20 feet from the streetside lot line and that the design
of the porch is approved by the Community Development Director. The
Director must make the findings required by Section 521.27, subdivision
5(e)(i) - (v) The Director may attach conditions to the approval of the porch
encroachment as needed to make the required findings.
Section 5. Subsection 521.47, subdivisions 6 (f) and 6 (g) of Appendix B of the
ordinance code of the City of Richfield are added as follows:
fl in required residential front yards covered porches attached to the principal
building that extend no more than 10 feet provided that the porch is no closer
than 20 feet from the front lot line and that the design of the porch is approved
by the Community Development Director. The Community Development
Director must make the following findings to approve a porch encroachment
up to 10 feet:
the exterior materials of the proposed porch are consistent or
complementary in color texture and quality with those visible at
the front of the dwelling;
ii) the roof of the proposed porch is properly proportioned to and
integrated with the roof of the dwelling and has no less than a
3/12 slope;
iii) the base of the porch is not open and its appearance is consistent
with the base of the dwelling;
Bill No. 1998-12 -6-
iv) at least 65 percent of the exposed porch facade is open or
occupied by windows screens and/or doors of transparent
material the facade constitutes the area from the floor level of the
porch to the porch ceiling; and
v) plans are prepared by a registered architect or reviewed by the
City's Design Advisor;
The Director may attach conditions to the approval of the porch encroachment
as needed to make the required findings; and
g) in required residential street side yards, covered porches attached to the front
of a principal building that extend no more than 10 feet, provided that the
porch is no closer than 20 feet from the streetside lot line and that the design
of the porch is approved by the Community Development Director. The
Director must make the findings required by Section 521.47, subdivision 6
(e)(i) - (v) The Director may attach conditions to the approval of the porch
encroachment as needed to make the required findings.
Passed by the City Council of the City of Richfield, Minnesota this 8th day of
June, 1998.
Martin J. K h, Mayor
ATTEST:
~~ .`
j~~~~ ~ ~~ ~ ~_
Thomas P. Ferber, City Clerk
MINNESOTA
SUN
I=uaucATlolvs
Sun Current • Sun Sailor • Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
Doug Dance ,being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun-Current
which are stated below.
and has full knowledge of the facts
City of Richfield
(Official Publication)
RESOLUTION N0.8577
RESOLUTION APPROVING. SUMMARY
PUBLICATION OF AN AMENDMENT TO
SUBSECTION 506 AND 521 OF APPENDIX B OF
THE RICHFIELD CITY CODE
WHEREAS, the City has adopted the above refer-
enced amendment to Appendix B of the Richfield City
Code; and
WHEREAS, the verbatim text of the amendment is
cumbersome, and the expense of publication of the com-
plete text is not justified.
NOW, THEREFORE, BE IT RESOLVED by the City
Council of the City of Richfield that the following summa-
ry is hereby approved for ofticia] publication:
SUMMARY PUBLICATION
BILL NO. 1998-12
AN ORDINANCE AMENDING SUBSECTIONS 506
AND 521 OF APPENDDL B OF THE RICHFIELD
CITY CODE ALLOWING PORCHES TO
ENCROACH ON RESIDENTIAL FRONT
SETBACKS WITH COMM[TNITY DEVELOPMENT
DIItECTOR APPROVAL
This summary of the amendment is published pur-
suant to section 3.12 of the Richfield City Charter.
The purpose of the ordinance is to allow the addition of
porches on to the front of single and two-family residences.
The front porch addition would be allowed to encroach up
to 10 feet into the 30-foot front setback. The porch addition
would be subjects to design requirements and would have
to be approved by the Community Development Director.
Copies of the amendment are available for public in-
spection in the Community Development Department dur-
ing normal business hours or upon request by calling 861-
9760.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The
Resolution No. 8577
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for
one
successive weeks; it was first publiished on Adopted by the City Council of the City of Richfield,'
Minnesota this 8th day of June, 1998.
Wednesday, the 17th day of June , 1998, and was thereafter printed and Martin J. xirsch, Mayor
published on every Wednesday to and including Wednesday, the day ATrEST:
of ,1998; and printed below is a copy of the lower case alphabet from A Thomas P. Ferber, City Clerk
to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in (June 17, 1998) D2/Cty Rchfld Res. #8577
the composition and publication of the notice:
abcdefghijklmnopgrstuvwxyz
r
~ ., ;._
TITLE: Publisher
Acknowledged before me on this
17th d y of 'June 1998.
Notary Public
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4
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.55 per line
for comparable space
(2) Maximum rate allowed by law for the above matter $ 6.20 per line
(3) Rate actually charged for the above matter $ 1.24 per line