Comments for APA Minnesota http://www.mnapa.com/blog Discussion Forums for APA Minnesota Wed, 09 May 2012 16:09:51 +0000 hourly 1 http://wordpress.org/?v=3.3.2 Comment on regulations that protect existing trees on large lots from being clear cut that are not going to be subdivided anytime soon by Tom Jensen http://www.mnapa.com/blog/?p=269&cpage=1#comment-935 Tom Jensen Wed, 09 May 2012 16:09:51 +0000 http://www.mnapa.com/blog/?p=269#comment-935 There are very good examples of tree ordinances or guidelines that are available online and may be useful. The International Society of Arboriculture publishes guidelines for developing and evaluating tree ordinances: http://www.isa-arbor.com/education/resources/educ_TreeOrdinanceGuidelines.pdf The Society also includes a toolkit of resources, including ordinances: http://www.isa-arbor.com/membership/resources/memb_UAA_TreeCareOrdinances.pdf The Municipal Research and Services Center of Washington posts examples of various Washington local governments' ordinances, which may also be useful for reference: http://www.mrsc.org/subjects/environment/urbanforest/trees.aspx There are very good examples of tree ordinances or guidelines that are available online and may be useful.

The International Society of Arboriculture publishes guidelines for developing and evaluating tree ordinances:
http://www.isa-arbor.com/education/resources/educ_TreeOrdinanceGuidelines.pdf

The Society also includes a toolkit of resources, including ordinances:
http://www.isa-arbor.com/membership/resources/memb_UAA_TreeCareOrdinances.pdf

The Municipal Research and Services Center of Washington posts examples of various Washington local governments’ ordinances, which may also be useful for reference:
http://www.mrsc.org/subjects/environment/urbanforest/trees.aspx

]]> Comment on special service districts under Minn.Stat. 428A by Tom Jensen http://www.mnapa.com/blog/?p=283&cpage=1#comment-934 Tom Jensen Wed, 09 May 2012 14:55:09 +0000 http://www.mnapa.com/blog/?p=283#comment-934 There are two relatively recent Minnesota House Research reports that discuss special service districts (SSD) and housing improvement areas (HIA). Both reports describe the establishment and administration of the SSDs and HIAs and identify known cities that have used them. If a city is considering the establishment new housing improvement areas after June 30, 2013 will require enactment of a special law authorizing the establishment of the area. I am not aware that the Legislature has proposed or passed legislation that extends or removes this provision. You will find the reports online as follows: Special Service Districts: http://www.house.leg.state.mn.us/hrd/pubs/cityssd.pdf Housing Improvement Areas: http://www.house.leg.state.mn.us/hrd/pubs/ss/sshia.pdf There are two relatively recent Minnesota House Research reports that discuss special service districts (SSD) and housing improvement areas (HIA). Both reports describe the establishment and administration of the SSDs and HIAs and identify known cities that have used them. If a city is considering the establishment new housing improvement areas after June 30, 2013 will require enactment of a special law authorizing the establishment of the area. I am not aware that the Legislature has proposed or passed legislation that extends or removes this provision.

You will find the reports online as follows:

Special Service Districts:
http://www.house.leg.state.mn.us/hrd/pubs/cityssd.pdf

Housing Improvement Areas:
http://www.house.leg.state.mn.us/hrd/pubs/ss/sshia.pdf

]]> Comment on Portable Pool Regulations by Ken Ondich http://www.mnapa.com/blog/?p=288&cpage=1#comment-926 Ken Ondich Tue, 24 Apr 2012 19:30:42 +0000 http://www.mnapa.com/blog/?p=288#comment-926 Here is what we have in New Prague. 735 SWIMMING POOLS 1. Zoning and Building Requirements A. Property irons must be located prior to installing a pool. The City does not provide a survey service to locate the property irons. It is the responsibility of the landowner to locate the property lines. B. All swimming pools for which a permit is required and granted shall include permanent fencing C. Permanent fences shall be at minimum four feet in height and shall not exceed six feet in height. The fence must completely enclose any in-ground or above-ground swimming pools. D. The bottom of the fence must not be more than four inches from a hard surface ground or two inches from a soft surface ground. E. Fences shall be constructed with a non-corrosive material that is not easily climbable by small children. F. The fence shall have self-closing and self-latching devices placed at a minimum of four feet from the ground surface so that the device is inaccessible to all small children. G. A fence is only required to be provided around the means of access on aboveground pools which have a four foot or higher, vertical or outward inclined side walls. H. Prior to filling the pool, the approved fence or an approved temporary fence must be completely in place, inspected and approved by the City Building Official. I. In all residential districts, swimming pools shall only be allowed in the rear or side yard and shall be set back a minimum of six feet from all property lines. J. Swimming pools shall not be located in drainage and utility easements or required buffers. K. Swimming pools erected on corner lots shall not be within the 30 foot building setback line and shall not be constructed closer to the front property line than the primary structure. The swimming pool shall adhere to the same right-of-way setbacks as the house. L. All swimming pools shall be at minimum of 10 feet away from any principal structure, building or frost footings. M. The fencing requirements and standards stated in this Section are required even if a swimming pool cover is used. N. The drainage of discharged water from the pool must not drain across or onto any adjoining property. O. Above ground hot tubs or spas with a locking safety cover which complies with ASTM Standard F 1346-91, provided the cover is locked at all times when the hot tub or spa is not in use, shall be exempt from the requirements of this Section. 2. Required Inspections The City shall inspect the pool during the following points of construction: A. Pool Footing: Before pouring concrete, pool has been dug and forms have been erected. B. Pool Fence or Temporary Fence – Prior to filling the pool. C. Gas Line: Air test must be performed. D. Final: Prior to filling the swimming pool and when the pool, pool enclosure (fence) and any surrounding deck is completed. 3. Permit Checklist Property irons shall be found or a Certificate of Survey shall be completed. The following information must be submitted along with the building permit application. (Note: A Certificate of Survey for the property may be on file at City Hall.) A. Location and size of the pool and equipment B. Setbacks of pool from the property lines and other structures C. Location and height of the fence enclosure D. Detail showing self-closing and self-latching devices for fencing E. Complete plans and specification for the construction of the pool Here is what we have in New Prague.

735 SWIMMING POOLS

1. Zoning and Building Requirements

A. Property irons must be located prior to installing a pool. The City does not provide a survey service to locate the property irons. It is the responsibility of the landowner to locate the property lines.

B. All swimming pools for which a permit is required and granted shall include permanent fencing

C. Permanent fences shall be at minimum four feet in height and shall not exceed six feet in height. The fence must completely enclose any in-ground or above-ground swimming pools.

D. The bottom of the fence must not be more than four inches from a hard surface ground or two inches from a soft surface ground.

E. Fences shall be constructed with a non-corrosive material that is not easily climbable by small children.

F. The fence shall have self-closing and self-latching devices placed at a minimum of four feet from the ground surface so that the device is inaccessible to all small children.

G. A fence is only required to be provided around the means of access on aboveground pools which have a four foot or higher, vertical or outward inclined side walls.

H. Prior to filling the pool, the approved fence or an approved temporary fence must be completely in place, inspected and approved by the City Building Official.

I. In all residential districts, swimming pools shall only be allowed in the rear or side yard and shall be set back a minimum of six feet from all property lines.

J. Swimming pools shall not be located in drainage and utility easements or required buffers.

K. Swimming pools erected on corner lots shall not be within the 30 foot building setback line and shall not be constructed closer to the front property line than the primary structure. The swimming pool shall adhere to the same right-of-way setbacks as the house.

L. All swimming pools shall be at minimum of 10 feet away from any principal structure, building or frost footings.

M. The fencing requirements and standards stated in this Section are required even if a swimming pool cover is used.

N. The drainage of discharged water from the pool must not drain across or onto any adjoining property.

O. Above ground hot tubs or spas with a locking safety cover which complies with ASTM Standard F 1346-91, provided the cover is locked at all times when the hot tub or spa is not in use, shall be exempt from the requirements of this Section.

2. Required Inspections

The City shall inspect the pool during the following points of construction:

A. Pool Footing: Before pouring concrete, pool has been dug and forms have been erected.
B. Pool Fence or Temporary Fence – Prior to filling the pool.
C. Gas Line: Air test must be performed.
D. Final: Prior to filling the swimming pool and when the pool, pool enclosure (fence) and any surrounding deck is completed.

3. Permit Checklist

Property irons shall be found or a Certificate of Survey shall be completed. The following information must be submitted along with the building permit application. (Note: A Certificate of Survey for the property may be on file at City Hall.)

A. Location and size of the pool and equipment
B. Setbacks of pool from the property lines and other structures
C. Location and height of the fence enclosure
D. Detail showing self-closing and self-latching devices for fencing
E. Complete plans and specification for the construction of the pool

]]> Comment on Portable Pool Regulations by Mark Ostgarden http://www.mnapa.com/blog/?p=288&cpage=1#comment-917 Mark Ostgarden Wed, 18 Apr 2012 13:30:51 +0000 http://www.mnapa.com/blog/?p=288#comment-917 We have a lot of the blue portable pools appear in the summer. Our Zoning Ordinace Section 17-8 D. addresses all pools. You can find it at www.ci.brainerd.mn.us under the "Documents" tab on the web site home page. Good luck. Mark Ostgarden AICP City Planner We have a lot of the blue portable pools appear in the summer. Our Zoning Ordinace Section 17-8 D. addresses all pools. You can find it at http://www.ci.brainerd.mn.us under the “Documents” tab on the web site home page.

Good luck.

Mark Ostgarden AICP
City Planner

]]> Comment on Hookah Bars & Tobacco Sampling by Ken Ondich http://www.mnapa.com/blog/?p=257&cpage=1#comment-915 Ken Ondich Tue, 03 Apr 2012 15:26:04 +0000 http://www.mnapa.com/blog/?p=257#comment-915 StarTribune Article just out in the Sunday April 1, 2012 edition. StarTribune Article just out in the Sunday April 1, 2012 edition.

]]> Comment on Illumination standards for LED “light bands” by Dusty Finke http://www.mnapa.com/blog/?p=276&cpage=1#comment-914 Dusty Finke Fri, 30 Mar 2012 14:42:39 +0000 http://www.mnapa.com/blog/?p=276#comment-914 Karl, The complaint is that the light is extremely intense. It turns the walls of an apartment 500 feet away into a creepy blue color (not an exageration...I witnessed it). It is like the Kenny Rogers Chicken episode of Seinfeld. Many cities have adopted the 500 NITS nighttime limitation. However, NITS meters are hard to come by and are very expensive. The lights can be dimmed to a specific output...but can just as easily be un-dimmed...all of which is begging for malfunction (purposeful of not). The business claimed that the lights were set at 500 NITS the night I witnessed them blue-ifying the apartment 500 feet away. Therefore, I was curious if folks have confirmed these lights at 500 NITS and determined that they are of comparable "brightness" (I know that is not the current term) to other permitted unshielded light sources(such as illuminated signs). Ken, Thanks for the reference back to the previous thread. I took a look, and would like to re-open to see if anyone had more to add. Cheers! Karl,
The complaint is that the light is extremely intense. It turns the walls of an apartment 500 feet away into a creepy blue color (not an exageration…I witnessed it). It is like the Kenny Rogers Chicken episode of Seinfeld.

Many cities have adopted the 500 NITS nighttime limitation. However, NITS meters are hard to come by and are very expensive. The lights can be dimmed to a specific output…but can just as easily be un-dimmed…all of which is begging for malfunction (purposeful of not).

The business claimed that the lights were set at 500 NITS the night I witnessed them blue-ifying the apartment 500 feet away. Therefore, I was curious if folks have confirmed these lights at 500 NITS and determined that they are of comparable “brightness” (I know that is not the current term) to other permitted unshielded light sources(such as illuminated signs).

Ken,
Thanks for the reference back to the previous thread. I took a look, and would like to re-open to see if anyone had more to add.

Cheers!

]]> Comment on Illumination standards for LED “light bands” by Karl Geisler http://www.mnapa.com/blog/?p=276&cpage=1#comment-911 Karl Geisler Tue, 27 Mar 2012 18:44:52 +0000 http://www.mnapa.com/blog/?p=276#comment-911 Perhaps you could enlist the services of a lighting expert to measure the luminance (nits), so you wouldn't have to rely on the property owner's claims? How it is measured will make a difference--if focused on just the LEDs or averaged over the entire sign, for example. Luminance (nits) is how bright things appear when you look right at them. Luminous flux (lumens) is the total amount of light emitted, regardless of how big or, conversely, concentrated the source is, and regardless of what directions the light is going in. Illuminance (footcandles = lumens per square foot) is intensity of light on a surface--how brightly the street is illuminated by the street light, for example. What is the nature of the most common complaint? Ugly? Hurts to look at (nits)? Gas prices too high? Perhaps you could enlist the services of a lighting expert to measure the luminance (nits), so you wouldn’t have to rely on the property owner’s claims? How it is measured will make a difference–if focused on just the LEDs or averaged over the entire sign, for example.

Luminance (nits) is how bright things appear when you look right at them. Luminous flux (lumens) is the total amount of light emitted, regardless of how big or, conversely, concentrated the source is, and regardless of what directions the light is going in. Illuminance (footcandles = lumens per square foot) is intensity of light on a surface–how brightly the street is illuminated by the street light, for example.

What is the nature of the most common complaint? Ugly? Hurts to look at (nits)? Gas prices too high?

]]> Comment on LED trim on gas station signs and canopies by Karl Geisler http://www.mnapa.com/blog/?p=220&cpage=1#comment-910 Karl Geisler Tue, 27 Mar 2012 18:31:05 +0000 http://www.mnapa.com/blog/?p=220#comment-910 Matthew is wrong in that they are both physical processes, but he is right in saying that LEDs should not be banned. These things should be regulated in terms of brightness, glare, etc., otherwise you'll be in the exact same boat with the next technology. Matthew is wrong in that they are both physical processes, but he is right in saying that LEDs should not be banned. These things should be regulated in terms of brightness, glare, etc., otherwise you’ll be in the exact same boat with the next technology.

]]> Comment on Illumination standards for LED “light bands” by Ken Ondich http://www.mnapa.com/blog/?p=276&cpage=1#comment-909 Ken Ondich Mon, 26 Mar 2012 14:26:51 +0000 http://www.mnapa.com/blog/?p=276#comment-909 See the November 7, 2011 posting about Holiday's LED bands for some discussion on that area of concern. See the November 7, 2011 posting about Holiday’s LED bands for some discussion on that area of concern.

]]> Comment on Outdoor retail items by Dusty Finke http://www.mnapa.com/blog/?p=271&cpage=1#comment-906 Dusty Finke Tue, 20 Mar 2012 13:36:22 +0000 http://www.mnapa.com/blog/?p=271#comment-906 Medina's commercial districts limit the area of such sales activities(2% of building footprint, max of 400 sq. ft.) and requires them to be adjacent to the building. We tried not to over-complicate it (although % of the building requires a little verification work). Cheers Medina’s commercial districts limit the area of such sales activities(2% of building footprint, max of 400 sq. ft.) and requires them to be adjacent to the building.

We tried not to over-complicate it (although % of the building requires a little verification work).

Cheers

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