06-07-2011 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MEETING JUNE 7, 2011 2 Draft Amendment to Fence Ordinance – Ordinance No. 08-044 & Resolution 2011-021 The City Council was requested to review the ordinance that was drafted to allow solid fences up to 72 inches in height through lots where the rear yard is adjacent to high traffic roadways under certain circumstances. Planner Klatt reported that on May 3, 2011 the City Council directed staff to draft an ordinance amending the fence code to allow solid fences to be constructed up to 72 inches in height for those lot lines abutting major roadways on through (double frontage) lots. Option A allows solid fences in the rear yards of through lots that abut roads classified as a principal arterial (such as Highway 36) and A minor arterial (such as Manning Avenue South of Highway 5) or a B minor arterial (Lake Elmo Avenue between Highway 5 and 10th Street). The Planning Commission reviewed the draft ordinance, held a public hearing and provided a recommendation that included amendments to the draft ordinance (Option B) allowing a solid fence to be constructed up to 72 inches in height along those same roadways previously identified, but also when it is a side or corner yard. The Commission found that if screening fences were allowed on through lots that abut major roadways, then it should also be acceptable to allow such fences along corner lots that are located adjacent to the fence ordinance. Planner Klatt also pointed out that a fence cannot be erected in the OHWM in the shoreland overlay district. A resident spoke in support of the ordinance, but stated that he would like to be able to extend a solid fence to all sides of his lot. He suggested reducing the variance fee for fence variances. Council Member Smith pointed out the fence would look very odd if the third leg of the fence is not the same size as the overall fence. MOTION: Council Member Smith moved to approve Ordinance No. 08-044A as recommended by the Planning Department except for (c) on page 5 until a diagram is received describing (c). Council Member Park seconded the motion. MOTION: Mayor Johnston moved to amend the motion by reinserting (c) as proposed by staff. Council Member Pearson seconded the motion. The motion passed 4-1(Council Member Smith voting against.) MOTION: Council Member Smith moved to approve Ordinance No. 08-044A as recommended by the Planning Department and Resolution No. 2011-021 for publication. Council Member Park seconded the motion. The motion passed 4-1. (Council Member Smith voted against).