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REQUEST FOR COUNCIL ACTION <br />MC^NQ <br />NOV I 3 2001 <br />DATE: October 11,2001 <br />ITEM NO.: /O <br />Department Approval: <br />Name Paul Weinberger <br />Title Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description: <br />List of Esbibits <br />iiOI-2718 Zoning Code Amendment <br />Section 10.03, Subdivision IS Relating to Fence Standards <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 opportunit) to review the City Ordinances as they relate to fence construction and <br />design. The Planning Commission h?ld a public hearing on September 17, 2001 and a Work Session on <br />October 4,2001 to discuss amendmems to the existing ordinance. The Planning Commission concluded the <br />ordinance should reflect amendments that would include standards on fence construction, maintenance and <br />changing the permitted height of‘*split rail" fences. <br />Fences have been regul.^'ed under the section of ordinance titled ‘’non-Encroachments" (Section 10.03, <br />Subdivision IS). 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 fencing materials or visual appearance of <br />fences. One primary issue noted by Council is whether the City should require propert> ow ners 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 propert>. <br />EiUting 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. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, <br />mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than 1-1/2 feet, <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, provided 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 line.