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i~IORTHWE57 ASSCeC1ATED C®P15l1LTAiVTS, IR9C. <br />4800 Olson Memorial Highway, Suite 202, Golden Valley, MIV 55422 <br />Telephone: 763231.2555 Facsimile: 763.2312561 planners(~Jnacplanning.com <br />MEMORANDUM <br />TO: Little Canada Planning Commission <br />FROM: Carie Fuhrman /Stephen Grittman <br />DATE: June 3, 2009 <br />RE: Little Canada -Khan/Pelzer Fence Variance Request <br />NAC FILE: 758.09 - 09.14 <br />Background and Analysis <br />The applicants -next door neighbors -have submitted a variance request to allow for a <br />fence height taller than four feet, located along the side lot line of 2837 and 2849 <br />Centerville Road. Michael Pelzer resides at 2849 Centerville Road, and Afroz Khan <br />resides at 2837 Centerville Road. According to Section 903.020F7, no boundary line <br />fences in residential districts shall exceed four feet in height. The property is zoned R- <br />1, Single Family Residential. <br />The applicant is seeking approval for a vinyl fence that is 6 feet tall, 66 feet long, and <br />located on the side lot line of said properties. The fence has already been installed, but <br />it is not clear if the fence is located entirely upon the private property of one of the <br />property owners, or if the fence has been erected on the division line of the respective <br />properties. Regardless, both property owners have given their written approval to the <br />existing location of the fence, which is required by Ordinance. <br />Zoning Ordinance Regulations. The Zoning Ordinance requires that boundary line <br />fences in residential districts not exceed four feet in height, with some exceptions <br />(903.020.F7a). However, the proposed fence does not meet those exceptions: <br />The Ordinance states that fences along a rear or side property line which line <br />constitutes the side lot line of an abutting lot shall not exceed six and one-half (6 <br />%) feet in height for a distance as calculated in iv. below and shall not exceed <br />four (4) feet in height within the required building setback from any public right of <br />way (903.020.F7a(3)). <br />Staff Comment: The subject fence is six (6) feet tall, 66 feet long, and runs along <br />the side property line between the subject properties. The required building <br />setback from the public right-of-way in the R-1 Zoning District is thirty (30) feet, <br />but the closest point of the subject fence is located 18.5 feet from the curb of <br />