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LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 <br /> <br />Page 6 of 12 <br /> <br />Nancy Bielenberg 12115 Marquess Lane North spoke on the fences. Owns smaller lot (1/3 acre). Move because her and husband like the open feeling. Claimed Woodbury looks like a sea of fences. Developer was going to line properties with trees. Not in favor of allowing 6ft fences. Would chop up the neighborhoods. Invited council to come and view the neighborhood. Jay Johnson 12153 spoke on fences. Claimed to be energized about fences, though perhaps not as much as his spouse [Council Member Smith]. Stated he has lived in areas with fences. Noted previous council came and viewed his property. Mr. Johnson urges council not to change the code to allow 6ft fences. Supports property rights and lean government but you have to consider the community. Mayor Pearson asked what other communities have. Mr. Klatt stated that all the surrounding cities allow 6ft. Ms. Smith said to look at the small communities not the larger cities. She claimed that none of the smaller cities allow 6ft fences. Those are the cities Lake Elmo should look to. She also presented some pictures of her property and the fence situation. <br />MOTION: Council Member Park moved TO APPROVE 085A AS AMENDED- STRIKING “ON ANY LOT <br />UNDER ½ ACRE (21,780) IN SIZE.” Council Member Smith seconded the motion. MOTION FAILED 2- <br />3. (PEARSON, NELSON, AND BLOYER - NAY) Mr. Pearson stated that he has a different perspective. He believes that fences can look nice. Urged council to look at in a macro city-wide fashion instead of a Problem properties can be good reasons and would be reasonable in his opinion. He does not believe that it will be a problem. Some residents may want that higher level of privacy. Neighbor issues, kids. Good fences make good neighbors. Acknowledged that Ms. Smith’s opinions are reasonable, but he disagrees. Ms. Smith noted that some fences are grandfathered in. Also available is the variance process. Not need a hardship, but a practical difficulty. Mr. Pearson responded that variances would have same impact of changing the character of the neighborhood. He stated he was glad the ¼ lot was pulled. It would be unfair to some property owners. Mr. Bloyer in agreement with Mayor Pearson. Strongly in favor of individual property rights. Cannot support Council Member Park’s amendment because he would want to allow as many people as possible to be allowed to have a 6ft fence. Alternate A was discussion and clarified. City Administrator Zuleger made point of clarification to clarify the motion. Reminded council 4/5 vote is required. Council Member Nelson is opposed to Alternate A. in favor of Ordinance 08-085. Not up to council to choose what fence people choose. Not everyone will choose 6ft fence. Ms. Smith asked why have any height restriction? Mr. Pearson noted that it has probably been found to be reasonable. Ms. Park noted that the height restriction only applies to solid wall fences. Ms. Smith explained her motion which included adding back in the exceptions language.