Notice of council action - variance request-2009

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REQUEST FOR COUNCIL ACTION Date: 11 September 2009 Item No. 'j Department Approval: ,/�� Administrator Approval: Agenda Section: Name: Melanie Curtis � Title: Planning & Zoning Coordinator Item Description: John & Joan Brooks — 905 Ferndale Rd W— Construction of an 8 foot fence w/in ROW Zoning District: LR-1A, One Family Lakeshore Residential —2 acre List of Exhibits: Exhibit A - Letter of Request from Bob Near on behalf of the Brooks' Exhibit B - Proposed Fence Design Exhibit C - Site Plan Exhibit D - City Code Sections Exhibit E - Encroachment Agreement Template Application Summary: There is currently a 4' wooden split rail fence in the right of way along the property approximately 4' off of the paved surface of Ferndale Road. The property owners wish to replace the existing fence with an 8' high fence located 10' off of the paved surface of the road still in the right of way. The proposed fence would consist of steel fence posts located every 8' and 11 concrete/stone pillars located at strategic points along the fence as shown in Exhibit C. Two versions of the proposed fence are attached for Council consideration. Planning Staff Recommendation The existing wooden fence could be reconstructed in-kind in its current location under State Statute. The property owner wishes to improve on the setback of the fence with the new fence, however increasing the height of the fence from 4' to 8' and using a more permanent monument and fence post is inconsistent with an "in-kind" construction and poses considerably more liability than an all wooden structure. The zoning ordinance addresses fences as nonencroachments to a setback. Along the rear property lines of lakeshore lots a 42" high fence is allowed. Six feet is the maximum height permitted by City Code for fences constructed within a required yard. Further, if a fence were to be constructed at the principal building setback it may exceed the 6' limitation by providing engineered calculations showing it will meet Building Code requirements for wind loads. MnDOT does not provide guidance on roadways with speeds under 40 mph; Ferndale Road West is a 30 mph roadway. An ultra conservative interpretation of MnDOT's clear zone requirements could require the clear zone to be as much as 15' from the pavement depending on the amount of traffic, ditch slope, and road curvature. Public Works has indicated that a clear zone of 10' would be necessary for snow storage purposes but this does not address additional clear zone safety requirements. Normally the City would require an encroachment agreement to allow a structure in the right of way. Attached as Exhibit E is a template of what staff would expect the agreement to cover. Such an agreement would be appropriate in this situation if the Council approves a fence in the right of way.