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Zoning File #2295 September 12, 1997 Page 4 The City does not normally require permits for a fence located within the boundaries of a property unless it has been subject to a variance for location or height. The City normally requires at least a 10' clear zone off the paved roadway for shoulder purposes as well as snow storage. In cases where a property boundary is less than 10' from the paved roadway. City staff has strongly encouraged residents to maintain a 10' fence setback from the paved road to avoid any potential damage to that fence. In the applicant's case, replacing a non-conforming fence that encroaches 15-20' into the right-of- way would normally only be approved subject to it being located at the property boundary. West Femdale Road at this location has 60' of right-of-way, approximately 30' from the centerline on either side. The paved roadway is approximately 20' in width, and a fence located 10' from the pavement would still be 10-15' into the right-of-way from the property line. In staffs opinion a 6' 100% opaque fence 10' from the pavement will be an obtrusion into the visual character of this neigh ’ - /'hood. Municipal Code Section 6.07 requires the property owner to obtain a permit from the City for placement of fence in the right-of-way. If the City chooses to issue such permit, the lack of a 75' setback for the easterly half of that fence must be also addressed. Please review the applicant's memo of request and hardship statement. Staff Recommendation Staff does not recommend approval of this request. The existing fence is deteriorated to a point that it should just simply be removed and a new fence be located in a conforming location. A . conforming location would be far enough into the property that the fence would not be a visual intrusion into the natural look of West Femdale Road as one travels it. On the other hand, a new 6' stockade type fence 10' from the road will be, in staffs opinion, less than attractive. Planning Commission must be convinced that there are adequate hardships to allow this fence to be located less than 75' from the shoreline. If Planning Commission chooses to recommend approval of replacement of the fence within the right-of-way, staff recommends the following minimum conditions of approval: 1. The fence should be located at least 15' from the paved roadway; 2.The applicant should attempt to leave as much existing shrubbery in front of it as possible for screening, and should be required to plant additional screening materials between 10-15' from the pavement in front of the fence;