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REQUEST FOR COUNCIL ACTION <br />COdMrn MP*rnNO <br />OCT 2 2 2001 <br />DATE: October 1 f?93b9^ OflONO <br />ITEM NO.; if <br />Departmeat Approval: <br />Name Paul Weinberger <br />Title Zoning Adntinistrator <br />Admiaistrator Reviewed:Agenda Section: <br />Zoning <br />Item Description: itOI-2‘718 Zoning Code Amendment <br />Section 10.03. Subdivision IS Relating to Fence Standards <br />tutor Exhibits <br />h <br />A Draft Ordinance <br />B Standard Fence Regulations <br />C Sample Illustrations <br />D Planning Report (September 10.2001) <br />Review of Request <br />Council had requested an opportunity to review the City Ordinances as they relate to Fence construction and <br />design. The Planning Commission held a public hearing on September 17. 2001 and a Work Session on <br />October 4.200 1 to discuss amendments to the e.xisting ordinance. The Planning Commission concluded the <br />ordinance should reftect amendments that would include standards on fence construction, maintenance and <br />changing the permitted height of “split rail” fences. <br />Fences have been regulated under the section of ordinance titled “non-Encroachments" (Section 10.03, <br />Subdivision 15). Non-Encroachments are items, such as fences, that are allowed to be located within <br />required front, side and rear yard setbacks. Council has indicated that the current ordinance may need <br />revision to fence regulations pertaining to fence construction and to review whether a permit should be <br />required for fence construction. <br />The existing ordinance does not require a permit, or regulate icncing materials or viMial appearance of <br />fences. One primary issue noted by Council is whether the City should require property owners constructing <br />fences to locate the “finished” side of a fence towards neighboring properties. The finished side of a fence <br />assumes the structural supports face the fence owners property. <br />Existing Ordinance; Underlined are the notations within the existing ordinance that the City uses for <br />regulation of fences. <br />Subd. 15. Non-Encroachments. The follow ing shall not be considered to be encroachments <br />on yard requirements; <br />A. Chimney s, flues, belt courses, leaders, sills, pilasters, lintels, ornamental fe.iturcs. <br />mechanical devices, cornices, eaves, gutters and the like, provided the»’ do not extend more than I -1/2 fern, <br />off-street parking except as hereinafter regulated. <br />B. Name plate signs for one family dwellings; lights for illuminating parking areas, <br />loading areas or yards for safety and security purposes, piovided the direct source of light is not visible from <br />the public right-of-way or adjacent residential property may be located to within five feet of the front lot lint.