03-16-2004 CCM - Laserfiche WebLink

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EXCERPT FROM THE MARCH 16, 2004 CITY COUNCIL MINUTES: 11. CITY ADMINISTRATOR’S REPORT: A. Fence Ordinance Violations The Lake Elmo Planning Commission was directed to develop new fence ordinance for the City Council’s consideration. Planner Dillerud reported to the Council that the Planning Commission decided not to impose height restrictions on solid fences based on lot sizes because commissioners found taller, solid fences could be installed for legitimate reasons, such as around a swimming pool or tennis court for safety and privacy. The Planner also reported that the Building Official went through the city and identified at least 25 fences that do not conform to the city’s ordinance. Because the City did not require fence permits until February, Dillerud said it would be difficult to determine the age of the fences. If a fence was built before the city adopted its ordinances, it would be a legally non-conforming fence. If it was constructed after the ordinance was adopted and does not meet the requirements, it would be an illegal fence. Council member Johnston stated that staff was never asked to look at the whole community. Now the city has to deal with 25 non-conforming fences rather than just one fence. Attorney Filla responded that because he felt it could be discrimination if the city enforced the fence ordinance only in one section of the city, the building inspector was asked to look at the entire city. Attorney Filla said the burden of proof would be on the residents with the non- conforming fences because the time period for which the fence was built would be a defense. He also said residents should be able to easily prove when the fence was built without going to court. All they would need is an invoice from the lumber company that provides the wood. Council member DeLapp noted that the rule we have been following has been, if there is a complaint then we look into it and correct the problem and do not canvass the entire city. Council member Siedow said he didn’t want to go down the road and find fences not in compliance, just deal with the fence in question. Attorney Filla stated the city doesn’t have to continue to make the same mistake year after year. Chad Simich, Carriage Station resident, told the Council he was open to working with the city and his neighbors to come up with a solution to his non-conforming fence. It wasn’t his intent to break any ordinances. He was in contact with the Homeowners Association and the Building Official and that is why the fence took the shape it is. Planner Dillerud said he would work with Mr. Simich to see if a compromise or appropriate solution can be found.