PL 04/02/2008 - 7015�' rl �-�
CITY OF FRIDLEY
AGENDA
PLANNING COMMISSION MEETING WEDNESDAY, APRIL 2, 2008, 7:30 P.M.
LOCATION: CITY COUNCIL CHAMBERS
FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES: March 19, 2008
PUBLIC HEARING:
Consideration of a Text Amendment, TA #08-01, to modify the R-1, R-2, R-3, and S-
1, Residential Zoning Districts to further define the level of housing maintenance
required of all residential property owners in those districts.
2.
OTHER BUSINESS:
ADJOURN
OF THE
emoran um
Planning Division
DATE: March 27, 2008
TO: Fridley Planning Commission
FROM: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
5ta.cy Stromberg, Planner
SUBJECT: Revised language for TA #08-01, Property Maintenance
Background
On March 19, 2008, the Planning Commission held a public heazing regarding TA #08-01 regarding
proposed changes to the Property Maintenance section of the zoning code in four residential sections.
Those sections are R-1, Single Family; R-2, Two Family; R-3, Multiple Family; and S-1, Hyde Park. A
motion to bring the language back to the Commission with modifications to the percentages and inclusion
of a hardship sta.tement passed on a 5-1 vote.
Staff has changed the percenta.ge of deteriorated surface from 10% to 25% in all areas except roofs. After
conducting review of housing conditions in the field, staff contends that a roof that has just 10% broken,
torn, or missing shingles is in serious danger of causing extensive interior damage to the support structure
of the roof and would warrant replacement.
During the public hearing, many commission members voiced concern that the code changes include an
exception for hardship cases. Staff has not added any additional language to the code defining hardships,
because there is an appeals process for code enforcement issues already established in the Variance
section of the Zoning Code (Sec. 205.06.A(1)). This process allows a property owner to appeal a
conection order to the Appeals Commission. While the City has never needed to use this process in the
past, it is in place if we need it.
The current practice, which staff has used for years, of granting extensions when appropriate will
continue to be followed for added housing maintenance requirements. Staff will be doing everything
feasible to connect a property owner with resources that could be of aid to their situation. For example,
there are many services that senior properiy owners can tap into, like the City's Chores and More
Program. There are many outstanding service organizations in the community that might be willing to
help out a low income family paint their home. The term of an extension would be appropriate for the
amount of work that needs to be done. Currently, it has not been uncommon for us to offer extensions of
more than one year for expensive corrections. Extensions are also often given due to seasonal limitations.
The Planning Division staff has had much experience dealing with situations at commercial industrial
properties that involve necessary improvements that sometimes cost more than $100,000. It is very rare
that we have been unable to resolve these situations without litigation. The same policies of working
steadily toward resolution would be applied to residential repairs.
Recommendation
Staff recommends that the Commission review and approve the attached text amendment, TA #08-01. A
public hearing regarding this text amendment is scheduled for the April 14 City Council meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 205.07, 205.08, 205.09, 205.23 OF THE FRIDLEY
CITY CODE PERTAINING TO HOUSING MAINTENANCE
The City Council of the City of Fridley hereby finds, after review, eacamination and recommendation of
staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 205.07.06 of the Fridley City Code be hereby amended as follows:
6. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements.
A finished ground grade shall be established such that natural drainage away from all
buildings is provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall com�lv with the State Buildin� code
requirements.
G. Maintenance.
It shall be the responsibility of the property owner to ensure that:
(1) Every exterior wall, foundation and roof of any building or structure shall be reasonably
watertight, weather tight and rodent proof and shall be kept in a good state of maintenance
and repair. '
, > >
(2) The protective surface on exterior walls of a building shall be maintained in goad repair and
provide a sufficient covering and protection of the structural surface against its deterioration.
Without limiting the generality of this Section, a protective surface of a building shall be
deemed to be out of repair if: �
(a) More than twenty-five percent (25%) of the area of any plane or wall on which the
protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or
(b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or
has fallen out. .
�3) Doors windows and screens shall be mainta.ined free from extensive dilapidation due to
cracks tears or breaks All openin�;s intended for wmdows shall have wmdows ulaced m sa�d
�enir�,s A door or window shall be deemed to be out of renair if
a) More than twenty five Qercent (25%) of the area of any plane or surface has aaint or stain
that is blistered cracked flaked scaled or chalked awav, or
b) More than twen� five�ercent (25%1 of the area of anv door or window has evident
delaminatin¢ of wood discoloration of permanent finish or waram�, or
c) Any_garage door which fails to close entirely or is missin� a nanel.
�4) Roof surfaces of a buildi�, shall be maintained in good reuair and provide sufficient coverine
and protection of the structural surface against 1ts deter�orat�on. Without limrtm� the
en� erality of this Section a protective roof surface of a buildme shall be deemed to be out of
re air if the roof surface has more than ten_percent (10%) of anv nlane or surface w�th
broken torn or missing shingles.
i5) Eaves and Soffits shall be maintained in good repair and nrovide a suffici�nt coverin� and
protection of the structura.l surface a�ainst its deteriorat�on Wtthout lim�tm� the �eneral�tv of
this Section eaves or soffits of a buildin� shall be deemed to be out of reva�r tf
a) More than twenty five uercent (25%) of the area of anv ulane or surface has paint or sta.in
that is blistered cracked flaked scaled or chalked awav, or
b) Pieces of the wood metal or other approved protective cover is missine.
(61 Gutters and downspouts shall be installed properlv and shall be maintained so to
^ avoid unsi tiv appearance bv virtue of sagg_�ing collapsed sechons or m�ssin� nieces.
(� � Every yazd and all structures, walls, fences, walks, steps, driveways, landscaping and
other exterior developments shall be maintained in an attractive, well kept condition.
(4 8) The boulevard area of a premise shall be properly mainta.ined, groomed and cared for by
the abutting property owner.
Section 2: That Section 205.08.06 of the Fridley City Code be hereby amended as follows:
6. PERFORMANCE STANDARDS
E. Drainage and Grade Requirements.
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall comQlv with the Sta.te Buildin� code
requirements.
G. Maintenance.
It shall be the responsibility of the property owner to ensure that:
(1) Every exterior wall, foundation and roof of any building or structure shall be reasonably
watertight, weather tight and rodent proof and shall be kept in a good sta.te of maintenance
and repair. '
> >
(2) The protective surface on exterior walls of a building shall be maintained in good repair and
provide a sufficient covering and protection of the structural surface against its deterioration.
Without limiting the generality of this Section, a protective surface of a building shall be
deemed to be out of repair if:
(a) More than twenty-five percent (25%) of the area of any plane or wall on which the
protective surface is paint is blistered, cracked, flaked, scaled or chalked away, or
(b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or
has fallen out.
� Doors windows and screens shaU be maintained free from extensive dilanidation due to
cracks tears or breaks All ooenin�s intended for windows shall have windows nlaced m sa�d
�enin�s A door or window shall be deemed to be out of repair if:
a) More than twentX five percent (25%) of the area of an�plane or surface has naint or stain
that is blistered cracked flaked scaled ar chalked awav, or
d) More than twen five �ercent (25%) of the area of anv door or window has evident
delaminating, of wood discoloration of permanent finish or waruin�, or
e) AnX�ara,ge door which fails to close entirelv or is missin� a nanel.
�) Roof surfaces of a buil�in� shall be maintained in good repair and nrovide sufficient coverin�
and protection of the structural surface �ainst its deter�orat�on W�thout ]tmttin� the
en� erality of this Section a�ratective roof surface of a buildine shall be deemed to be out of
r�air if the roof surface has more than ten�ercent 10%) of anv plane or surface w�th
broken torn or missin��shin�les•
�) Eaves and Soffits shall be maintained in o��od reuair and nrovide a su�cient coverin� and
protection of the structural surface aQainst its detenoration Wrthout limrtm� the �eneral�tv of
this Section eaves or soffits of a buildi � shall be deemed to be out of renair if:
c) More tha.n twenty five percent (25%) of the area of any plane or surface has aaint or stain
that is blistered cracked flaked scaled or chalked awav, or
d) Pieces of the wood metal or other a�proved protective cover is missin�.
�6) Gutters and downspouts shall be installed properlv and shall be maintained so to
avoid uns��itiv apnearance Ly virtue of saggiin� collaQsed sect�ons or m�ssine uieces.
(� 7) Every yard and all structures, walls, fences, walks, steps, driveways, landscaping and
other exterior developments shall be maintained in an attractive, well kept condition.
(4 8) The boulevard area of a premise shall he properly maintained, groomed and cared for by
the abutting property owner.
Section 3: That Section 205.09.07 of the Fridley City Code be hereby amended as follows:
7. PERFORMANCE STANDARDS
F. Drainage and Grade Requirements.
A finished ground grade shall be established such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall com�l,� with the Sta.te Buildin� code
requirements. � `- ' ''' F ''`' " �" � `' '' ` ' � + ` +" '
� . r
G. Maintenance.
It shall be the responsibility of the property owner to ensure that:
(1) Every exterior wall, foundation and roof of any building or structure shall he reasonably
watertight, weather tight and rodent proof and shall be kept in a good state of maintenance
and repair. � .. n �, n �. . a �.e �. ..�� a:�.., :a..�:,.., a„e ,.,, ,.,.,,,.v _
o rc��ir°oac
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(2) The protective surface on exterior walls of a building shall be maintained in good repair and
provide a sufficient covering and protection of the structural surface against its deterioration.
Without limiting the generality of this Section, a protective surface of a building shall be
deemed to be out of repair if:
(a) More than twenty-five percent (25%) of the area of any plane or wall on which the
protective surface is paint is blistered, cracked, flaked, sca.led or chalked away, or
(b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or
has fallen out.
�3) Doors windows and screens shall be maintained free from extensive dilapidation due to
cracks tears or breaks All onenings intended for windows shall have windows alaced in said
onenin�s. A door or window shall be deemed to be out of repair if:
a) More than twenty-fivepercent 25%) of the azea of any plane or surface has paint or sta.in
that is blistered, cracked, flaked. scaled or chalked away, or
fl More than twenty-five percent (25%) of the area of anv door or window has evident
delaminatin� of wood, discoloration of permanent finish or warping, or
g) Any�arage doo°r which fails to close entirely or is missing a panel.
(4) Roof surfaces of a building shall be maintained in o� od repair and provide sufficient covering
and protection of the structural surface ag,ainst its deterioration. Without limiting; the
en� erality of this Section, a protective roof surface of a buildin� shall be deemed to be out of
r�air if the roof surface has more than ten percent (10%) of an�plane or surface with
broken, torn or missing, shingles.
(5) Eaves and Soffits shall be maintained in good repair and provide a sufficient covering and
protection of the structural surface against its deterioration. Without limiting the en� eralit �Lof
this Section, eaves or soffits of a building shail be deemed to be out of re au ir if:
e) More than twenty five percent (25%) of the area of anv vlane or surface has paint or stain
that is blistered cracked flaked scaled or chalked awav, or
fl Pieces of the wood metal or other approved protective cover is missin�.
6 Gutters and downs outs shall be installed ro erl and shall be mainta.ined so to
avoid unsir�itiv anpearance bv virtue of sag�in� collaased sections, or missin�� nieces.
(3 7) Every yard and all structures, walls, fences, walks, steps, driveways, and landscaping and
other exterior development shall be mainta.ined in an attractive, well kept condition.
(4 � The boulevard area of a premise sha11 be properly maintained, groomed and cared for by
the abutting property owner.
Section 3: That Section 205.23.07 of the Fridley City Code be hereby amended as follows:
7. PERFORMANCE STANDARDS:
D. Drainage and Grade Requirements.
A finished ground grade shall be esta.blished such that natural drainage away from all buildings is
provided. The following minimum criteria shall apply:
(1) The minimum elevation of finished grade shall comnlv with the State Building code
requirements.
F. Maintenance.
It shall be the responsibility of the property owner to ensure that:
(1) Every exterior wall, foundation and roof of any building or structure shall be reasonably
watertight, weather tight and rodent proof and shall be kept in a good state of maintenance
,
and repair.
, �
(2) The protective surface on exterior walls of a building shall be maintained in good repair and
provide a sufficient covering and protection of the structural surface against its deterioration.
Without limiting the generality of this Section, a protective surface of a building shall be
deemed to be out of repair if:
(a) More than twenty-five percent (25%) of the area of any plane or wall on which the
protective surface is paint, is blistered, cracked, flaked, scaled or chalked away, or
(b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or
has fallen out.
3 Doors windows and screens shall be maintained free from extensive dila idation due to
cracks tears or breaks. All o enin s intended for windows shall have windows laced in said
o enin�s A door or window shall be deemed to be out of revair if:
a) More than twen -five percent (25%1 of the area of any plane or surface has paint or stain
that is blistered, cracked, flaked, scaled or chalked away, or
h) More than twen -five percent (25%) of the area of anv door or window ha.s evident
delaminating of wood, discolora.tion of permanent finish or war�ng, or
i) An�gara�e door which fails to close entirelv or is missin�a panel.
(4) Roof surfaces of a building shall be maintained in �ood re a�p 'r and provide sufficient covering
an�rotection of the structural surface against its deterioration. Without limiting the
enerality of this Section, a protective roof surface of a buildin� shall be deemed to be out of
repair if the roof surface has more than ten percent (10%) of any plane or surface with
broken, torn or missin�; shin�les.
(5) Eaves and Soffits shall be maintained in good repair and provide a sufficient coverin�d
protection of the structural surface a�ainst its deterioration. Without limiting the e�*�nerality of
this Section, eaves or soffits of a building shall be deemed to be out of re an ir if:
g) More than twenty-five percent (25%1 of the area of any plane or surface has vaint or sta.in
that is blistered, cracked, flaked, scaled or chalked away, or
h) Pieces of the wood, metal, or other ap..proved protective cover is missing.
(6) Gutters and downsuouts shall be installed properly and shall be maintained so to
avoid unsi h�tiv appearance by virtue of sa� , c�psed sections, or missin�pieces•
(3 7) Every yazd and all structures, walls, fences, walks, steps, driveways, and landscaping and
other exterior development shall be maintained in an attractive, well kept condition.
(4 8) The boulevard area of a premise shall be properly maintained, groomed and cared for by
the abutting property owner.
PASSED AND ADOPTED BY TI� CITY COUI�ICIL OF 'TI� CITY OF FRIDLEY THIS DAY
OF 2008.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CIT'Y CLERK
Public Hearing: April l4, 2008
First Reading: April 14, 2008
Second Reading: April 28, 2008
Published: