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HomeMy WebLinkAbout#15 - Fence Code Amendment1 STAFF REPORT DATE: August 4th, 2020 TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Fencing – Height Limitations REVIEWED BY: Ken Roberts, Planning Director Planning Commission BACKGROUND: After working though the fencing code Staff believes it is worthwhile to review the height requirements, specifically in the front and side corner yards. Staff has noticed that it is more difficult to obtain a fence that is 3.5 ft. in height opposed to a fence that is 4 ft. in height. It appears to be an odd height as the half foot increments are less popular. You will notice that the fence installers that were contacted did note that certain fencing could be modified to accommodate the height, if needed. ISSUE BEFORE THE CITY COUNCIL Staff is looking for direction regarding the City Code pertaining to fencing. Does the City Council have comments regarding the proposed and amended zoning code language as it relates to the height of fencing on corner lots? REVIEW AND ANALYSIS: Although there are drastically fewer corner lots than other types of lots Planning Staff has noticed there are issues with difficulties with the existing standard of a 3.5 ft. fence height maximum for corner side yards and front yards of residential properties. It has been stated that contractors or installers do not have or have not installed a 3.5 ft. tall fence. It seems to be that this height is unique figure that is not readily available. This issue can be further enhanced when HOA’s require a specific style of fencing. Over the years the City has discussed fencing many times ranging from a dispute of solid wall fencing and “openness” to height requirements. The fencing code appears to get a little better each time but it still may have some flaws to work out. Existing Code Sections for Review and Discussion: 154.205 E. Fence Height and Design 1. Fences within Front and Side (Corner) Yards. Any fence within a front or side (corner) yard setback or any required setback form a public right-of-way may not exceed forty-two (42) inches in height and must be 50% open to air and light. 2. Residential and Mixed-Use Districts. No fence shall exceed six feet (6’) in height, and shall be subject to the design requirements of §154.205.E.3. 3. Commercial and Industrial Districts. No fence or wall shall exceed eight feet (8’) in height. Fences that exceed eight feet (8’) in height require a conditional use permit. 154.205 Fencing Regulations F. Temporary Fences 1. Height and Performance. Temporary fences shall comply with the fence height standards of subsection (E). Temporary fences shall be at least 40% open to air and light. If unable to be at least 40% open to air and light, temporary fences shall not exceed forty-two inches (42”) in height. 2. Duration and Limitation a. No snow fence or posts shall be installed prior to October 1, and must be removed prior to April 15. b. Seasonal recreational fencing intended for winter sports, such as hockey or broomball shall not be installed prior to October 1, and must be removed prior to April 15. 3. Location. Snow fences shall be set back at least 50 feet from any south or east property line, or such additional distance as may be required to prevent the accumulation of snow on public streets or adjoining property, as determined by the Public Works Director. 2 Issues within the Code: Staff has reached out to three fence installers with the following question; “I have been instructed to work on a code amendment regarding the maximum fence height in the front and corner side yards of Lake Elmo properties. At this point the City allows a maximum height of 3.5 ft. However, after working with installers this seems to be an odd height where 4 ft. is a more common height. If someone wanted, could they purchase a 3.5 ft. fence from you and would that be a custom order?” The responses from the installers are attached, but to summarize their responses it is possible to install a 42 inch (3.5 ft.) high fence but it is less common than a 4 ft. tall fence. One installer said that in 25 years they have never installed a 3.5 ft. fence but if it needed to happen Staff was left with the impression the installer would make it work. However, they all commented that it was an odd height to leave as the maximum allowed height. Staff then pulled together some code form neighboring Cities. The bullet sections below do not show the full extent of their perspective fencing code but the complete version is attached. City Examples: Cottage Grove • Fence height is limited to a maximum of six feet along rear or side property boundary lines and four feet in the front yard. If the fence is within 15 feet from the front property line, then the fence must be less than 30 inches in height and not less than 50 percent transparent.... • A fence cannot obstruct the safe view from any driveway or street. On corner lots, no structure or planting in excess of 30 inches above the curb line or less than ten feet above the curb line is permitted within the clear view triangle. A clear view triangle is described as that area that begins at the intersection of the front or rear property line and corner side property line and is measured back 10 feet along both property lines. Those points are then connected with a straight line. Hugo • Corner lot Regulations o A maximum of 4 feet in height is allowed in the front yard. o A maximum of 6 ft. in height is allowed in the side yards. Woodbury • A fence up to six feet in height may be erected on the rear and side lot lines, and return to the nearest front corner of the principal building. • A fence not exceeding four feet in height may be erected on the side lot lines, forward of the front corner of the principal building. • Fences in excess of 30 inches in height extending across front yards are not permitted in residential platted areas. Interior Lot Corner Lot 3 • No fence shall be constructed in a manner that would block the view of vehicular traffic, or restrict snow plowing of streets. In summary, Staff reads this code as allowing residents to run a 6 ft. tall fence from the rear corner lot line to the front corner of the home, a 4 ft. fence from the front corner of the home to the front property line, and a 3 ft. fence is required any time it runs parallel to the front lot line in front of the home. Forest Lake • Fence Height Requirements (as measured from the fence owner’s yard grade to the top of the fence): o Fences 5’ – 6’ in height may be placed anywhere on a lot but not in the required front yard setback. o Fences 4’ in height or less may be placed anywhere on a lot, provided they comply with traffic visibility and are not lakeshore lots where no fence may be constructed in the required shoreline setback. Stillwater Height in Residential Areas • Prohibited to be higher than 6 feet above ground level. • Limited to 42 inches in the front yard and exterior side yard setback areas (see diagram). • Fences built on the street side of a corner lot cannot obstruct the clear view of an intersection by approaching traffic. With this in mind the following question was asked to the City of Stillwater Planning Staff; “In your experience have you ever received complaints or had discussions about increasing the 3.5 ft. maximum to a 4 ft. max height for front and corner side yards? It has created some issues/inconveniences for some of the corner lot properties in Lake Elmo. I think the City Code coupled with some of the HOA requirements make the 3.5 ft. requirement more difficult to obtain.” The following response was received; “Our corner lot fence requirement is 42”. That said, our Zoning Code grants a 6” variance to any measurement. Therefore, in essence, we allow for a 48” tall fence on corner lots.” Recommended Amendment: If site lines are a concern Staff believes there are at least two possible solutions. Either impose a setback requirement similar to Hugo and Cottage Grove or allow the 4 ft. height requirement within the corner side yard (option 3) but not the front yard (option 2). 1.) Picture one represents how the current code is applied to corner lots in Lake Elmo. 2.) Picture two would correct the code to allow a 6 ft. fence to be placed in the corner side yard but not the front yard. The front yard could either remain at a 3.5 ft. height or perhaps options 3 may be more appropriate. 3.) Picture three allows a 6 ft. fence up to the rear corner of the home and then requires a 4 ft. tall fence along the corner side and front yard, then require a 20 ft. setback from the corner pin or ROW (Planning Commission Recommendation). 1 2 3 Pink represents a 6 ft. fence. Blue represents a 4 ft. fence. 4 Lake Elmo could also allow a 6 ft. tall fence along the side yard and then allow a 4 ft. tall fence from the front of the home forward. Additional Discussion Point Staff also believes it is also worthwhile for the Council to review the “Location” language in the code. Location. a. Fences may be installed on any portion of a lot subject to the height restrictions of §154.205.E and may be installed along or within one foot of property lines provided the adjacent property agrees, in writing, that such fence may be erected on or within one foot of (12 inches) of the boundary lines of the respective properties. Any portion of the fence and all footing material shall not encroach on the neighboring property. None of the other Cities used as an example have a provision that is similar to the neighboring authorization aspect of the Lake Elmo Code. It has also lead to the impression that neighbors have the right to be involved for any amendment that may happen to the fence layout. The other Cities all have a provision or bullet discussing the expectations if a fence is directly on a property line but permission is not required form the neighbor. Staff does think there is some merit to requiring at least a discussion between neighbors regarding a fence being installed directly on a property line but outright permission appears to be a stretch when compared to other codes. The code being suggested technically would not allow a fence to be installed directly on the line but instead could butt up directly to it, but could not cross over it. If a fence is installed directly on a line there is a strong possibility that a portion of it will then be on a neighboring property. Staff believes Woodbury, Forest Lake, and Stillwater all have good language for addressing property line fencing. Woodbury - Fences may be placed up to property lines. It is the owner’s responsibility to verify the location of the property lines. Forest Lake - Fences may be placed along a property line if there is no physical damage of any kind to the abutting property. The installer of a fence on or within 3 feet of the property line must give consideration to the maintenance of the fence and yard. Unless given permission, the fence owner does not have the right to enter a neighbor’s yard to conduct fence or landscaping maintenance. Cottage Grove - Fences are allowed in any required yard or along any property line. The entire fence structure and supporting footings must be within the property boundaries. The owner of a fence is responsible for verifying the location of their property lines. Recommended Code Amendments D. General Provisions 5. Fences may be installed on any portion of a lot subject to the height restrictions of §154.205.E and may be installed up to the property line. installed along or within one foot of property lines provided the adjacent property agrees, in writing, that such fence may be erected on or within one foot of (12 inches) of the boundary lines of the respective properties. Any portion of the fence and all footing material shall be fully on the respective property and not encroach or cross over onto the neighboring property. It is also the responsibility of the property owner to have the location of the property lines identified. E. Fence Height and Design 1. Fences within Front and Side (Corner) Yards. Any fence within a front or side (corner) yard setback or any required setback form a public right-of-way may not exceed forty-two (42) forty-eight (48) inches (4 ft.) in height and must be at least 50% open to air and light. The fence must also be setback at least 20 ft. extending from the front corner lot pin or ROW. F. Temporary Fences 1. Height and Performance. Temporary fences shall comply with the fence height standards of subsection (E). Temporary fences shall be at least 40% open to air and light. If unable to be at least 40% open to air and light, temporary fences shall not exceed forty-two inches (42”) forty eight (48) inches (4 ft.) in height. FISCAL IMPACT: Staff does not foresee a fiscal impact with the proposed code change. 5 COMMENTS/RECOMMENDATION Planning Commission: The Planning Commission recommends approval of the amended code language by a 5-0 vote. Planning Staff: Recommends approval of the amended language. Move to adopt Ord. 08-239 as it pertains to the maximum height requirement for fencing on corner lots and neighboring approval. Move to adopt resolution 2020-077 authorizing summary publication of Ordinance 08-239 ATTACHMENTS - Community Examples - Emails from Installers - Amended City Code - Ordinance 08-239 - Resolution 2020-077 RESIDENTIAL FENCES Installation Criteria ¾ Fence, as defined by ordinance, is any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure and located within a boundary or within the required yard. ¾ Fences are allowed in any required yard or along any property line. The entire fence structure and supporting footings must be within the property boundaries. The owner of a fence is responsible for verifying the location of their property lines. ¾ Fence height is limited to a maximum of six feet along rear or side property boundary lines and four feet in the front yard. If the fence is within 15 feet from the front property line, then the fence must be less than 30 inches in height and not less than 50 percent transparent. Fences for agricultural uses must not be greater than six feet above grade level and may be located along all property boundary lines. ¾ A fence cannot obstruct the safe view from any driveway or street. On corner lots, no structure or planting in excess of 30 inches above the curb line or less than ten feet above the curb line is permitted within the clear view triangle. A clear view triangle is described as that area that begins at the intersection of the front or rear property line and corner side property line and is measured back 10 feet along both property lines. Those points are then connected with a straight line. Clear View Triangle ¾ Fences are allowed in drainage and utility easements, but repair or replacement is the responsibility of the homeowner should construction activity be required within the easement. ¾ Fences must be setback a minimum of one foot from a public walkway. Community Development Department Telephone: 651-458-2827 7516 – 80th Street South Fax: 651-458-2881 Cottage Grove, MN 55016 www.cottage-grove.org E-mail: building@cottage-grove.org planning@cottage-grove.org ¾ Fencing construction material types are not currently regulated by the City, but it is required that all fencing be kept structurally sound and maintained in good condition. ¾ The finished side of a fence must face abutting property or public right-of-way. No fence can have boards, planks, or panels larger than one foot in width. ¾ All chain link fences must have a top rail, barbed ends must be placed at the bottom of the fence, and vertical posts must be spaced at intervals not to exceed ten feet. ¾ Barbed wire and electrical fences are allowed for parcels that are five or more acres in area and used to fence livestock. Razor wire fences are prohibited in all districts. ¾ Fences are required around swimming pools having a depth greater than 18 inches. The minimum required height is 4 feet. Any gates must be self-closing/latching and capable of being locked. ¾ A building permit is not required for the installation of fences. However, you must call Gopher State One Call at 651-454-0002 before you dig to identify any underground utility locations. ¾ Wall fences are considered an accessory structure and do require a building permit. They are not allowed in the front yard and must setback a minimum of six feet from an interior side property line and ten feet from a rear lot line. ¾ The above information is excerpted from Cottage Grove City Code Titles 11-3-4, 11-3-5, 11-6-7, and 9-11-4. Other criteria may apply where development restrictions and private covenants prevail. FENCE PERMIT ZONING CODE: 153.147 Application Checklist The following information will need to be submitted to initiate the fence permit review process:  Completed fence permit application  Application fee ($50)  Survey/Site Plan.  Locate and temporarily stake relevant property boundaries  Stake proposed location of fence in advance of City site inspection 1408 Lake Street South | Forest Lake MN 55025 | 651.464.3550 | Fax 651.464.6874 | www.ci.forest -lake.mn.us Rev: 2-16 FENCE PERMIT ZONING CODE: 153.147 Property owners planning to install a new fence will need to first obtain a permit and Certificate of Compliance from the City. Existing fences that are substantially altered (relocated, change in height or change in materials, etc.) may also require a permit. 1. Fence Application. The following information will need to be submitted along with a fence permit/Certificate of Compliance application: a. Fence Details. Applicants must indicate specific details including location, height and type of materials. The following are allowable materials for residential fences: i. Treated wood, cedar, or redwood ii. Simulated wood iii. Decorative brick or stone iv. Wrought iron or aluminum designed to simulate wrought iron v. Coated or non-coated chain link vi. Split rail; and vii. Other materials as approved by the City. Alternative forms of fencing in commercial areas may be allowed when safety or security is an issue. b. Fence Height Requirements (as measured from the fence owner’s yard grade to the top of the fence): i. Fences greater than six (6) feet in height may require a building permit and must conform to all setback and yard regulations in the same manner as building walls, unless located in a commercial or industrial district and approved by a conditional use permit. ii. Fences 5’ – 6’ in height may be placed anywhere on a lot but not in the required front yard setback. iii. Fences 4’ in height or less may be placed anywhere on a lot, provided they comply with traffic visibility and are not lakeshore lots where no fence may be constructed in the required shoreline setback. c. Survey/Site Plan. Applicants must submit a property survey or site plan that shows where proposed fences will be located on the property. Submitted site plans must be scaled drawings. Proposed fences must be accurately shown on the survey/site plan where they are intended to be constructed. 2 1408 Lake Street South | Forest Lake MN 55025 | 651.464.3550 | Fax 651.464.6874 | www.ci.forest -lake.mn.us Rev: 2-16 d. Locate Property Corners. Applicants will need to locate and expose the iron property corner markers (pins) prior to applying for fence permits. The city does not locate them for you. Metal detectors can be useful when locating iron property pins. Applicants may need to contact a land surveyor to re-establish or locate property pins if they cannot be located. 2. Fence location a. Fences may be placed along a property line if there is no physical damage of any kind to the abutting property. b. The installer of a fence on or within 3 feet of the property line must give consideration to the maintenance of the fence and yard. Unless given permission, the fence owner does the right to enter a neighbor’s yard to conduct fence or landscaping maintenance. c. Fences shall not restrict drainage or be placed in a public right-of-way. 3. Fence appearance a. The finished side of fences shall face the neighboring property. City Review of Property A City inspector will physically review your proposed fence location as part of the application process. The inspector must be able to identify your exposed property pins before issuing a permit. City inspectors make every effort to review fence permit applications as quickly as possible. However, please be advised that reviews often take a few days and fence construction cannot start until a permit and Certificate of Compliance is issued. Approved Permits Issued The fence permit/Certificate of Compliance application fee is $50 and approved applications can be picked up from the Zoning Division at the City Center, 1408 Lake Street South. Office hours are Monday - Friday, 8:00 AM - 4:30 PM. City staff can be reached at (651) 464-3550 if you have any questions regarding fence regulations or the fence permit application process. 1408 Lake Street South | Forest Lake MN 55025 | 651.464.3550 | Fax 651.464.6874 | www.ci.forest-lake.mn.us Rev: 2-16 CERTIFICATE OF COMPLIANCE APPLICATION: FENCE PERMIT CHAPTER 153.147 FEE: $50.00 Property Information Property Type: Residential Commercial Property Address for Proposed Fence: Applicant Phone #: Applicant Name: Are you the property owner? Yes No* Mailing Address (if different than above): City/State/Zip * Property owner’s name (if different than applicant): * Property Owner’s Address: Fence Details Fence Location: Front Yard Back Yard Side Yard Other_____________ Fence Materials: Chain Link Solid Wood Other___________________________ Height: 4 Feet 6 Feet Other___________________________ Please provide additional details as needed: IMPORTANT NOTICE: Applicants must include a survey or site plan along with all fence permit applications. Submitted survey/site plans must show where the proposed fence is to be located. In connection with your request, your signature below constitutes permission for City of Forest Lake staff to enter upon your property, during normal business hours, for the purpose of evaluating your request. ______________________________________________________________ _______________ Applicant Signature Date ______________________________________________________________ _______________ Property Owner Signature Date City of Hugo -Residential Fencing Guide The City of Hugo encourages homeowners interested in erecting a fence to contact adjoining property owners. This will hopefully eliminate any future conflict regarding the fencing installation and placement. Interior lot regulations: 1. A maximum of 4 feet in height is allowed in the front yard to the front corner of the principal building. 2. A maximum of 6 feet in height is allowed in the side and rear yards. *** 8 feet may be allowed by permit on the side and rear yards with a 6 foot setback from the property lines. Corner lot regulations: In the situation of a comer lot there are 2 fronts and 2 sides as shown on fence guide examples. 1. A maximum of 4 feet in height is allowed in the front yard. 2. A maximum of 6 feet in height is allowed in the side yards. All fences shall meet the following: 1. No fence shall be constructed in a manner that would block the view of vehicular traffic or restrict snow plowing of streets. 2. No fence is allowed to be constructed on City right of way. 3. Barbed wire fences are not permitted. 4. The side of the fence considered to be the face (the finished side) shall face adjoining property. 5. All fences shall be properly maintained with respect to appearance and safety. 6. Fences may be placed up to property lines, however, wetlands and drainage/utility easements may require additional setbacks set by the Senior Engineering Technician. It is the owner's responsibility to verify the location of the property lines and easements. 7. It is suggested to have a surveyor locate property lines before installing fences. The city does not have surveyors on staff to perform this service. 8. Home Owners Associations my have additional rules. If you live in a neighborhood with an HOA, please contact them for their restrictions. Fence Guide for corner Lots ~g, 120.00930.7 1 f .. 25.50~ --1~-_ -'t2.33 --0 ___ o or-- I ~v I 10 I 42. 3 .,. 932.2 -- I ~ ~ @--: 'l'g31 .5 I om ,., -- I :cit: a, ' g O )( ___ ., ffl 8 . ..!. 932.0 . es-~ If}!? " 32. I @9]? @§]) I() 77 ,o 9:),.t I ~s I 93 ..... 5 . : ,~ 93\.6 I g g· . .,_e f1 !'""" L '.C I • l .,.:; * 1 •»-• • 1 1: 10 -------N~---____ j I 1 ~o.f'~ o II · ~- g:!,3.2 ~ !934 . .. ., .. ., 2 PROPOSED SIDEWALK ____ 120.0 933.2 Atthe cornet a fence shall be 20 feet frotn the property line ---_ __ c.s. c::J City 1-\ght of via-Y • • 4 foot m:rsim\ldl lteight auovied in u,e ft•out -ya1·d • = ~ foot maUJlUdl lteigbt alloVied in u,e side -ya1·ds :t 0 -. S" 0 (0 Fencing Guide for Interior Lots ;:pg---_52.33 _ oA . g>o.o ~ -Jo .,.. --ot0 in 10 L. ,.,.. Cl35.\ g"4 8 .., FP ot9----• ,00 .--.X--~ ' 01, --r I _, :c: -::..i I Sl« I o o 7 g,0.0 • / r= ,.,,.o ~ !:! :n ~ l --92•-' 1:;, ,.. ~ 1 21.0 935.0 5 a:i I lg Cl>"~ I zc~ I 1--.:l::l~~o l'il , §Iii/a , 4 1 lo ~ h" ~ ® i:t i l o ~i 929-• , ..... , C? I &-.?:: 0 I °' u, d ___ / 10 '" 52.33 Q. ~ ~ _ _ ~ I -I :i-)( 930.0 O 929·5 t -,,n 9 qlo / Ill g.,,... --01° s2.33 9i9TI:i----1 25.50 II) ~ gJ5. \ r--· 10 I 934, • .,-0 L __ jg_ __ 25.50 .,, ~ gJ4.B -; ,6.4 , IO 91.9 i 20.00 120.00 @:JJ -= Hoot masiJanl" h.lglrt in fi"ul yarols -= 6 foot masiJanl" h.,;glrt on sid• ..,.i ••"" )-.,cols • • • S feet .,..y be .nowed by y.,-mit on ti,. sid• ..,.i ,ear )..,a ,.;th • 6 {oot setback notn the p1·ope1"tY 1u,es **Property owner signature required 216 4th Street North Stillwater MN 55082 651-430-8800 www.ci.stillwater.mn.us ________________________________________________________________________________________ Permit No.________________ Date Filed: _______________ FENCE PERMIT Base Fee: $25.00 (Payable to City of Stillwater) Receipt No.:_______________ All applications must be accompanied by a survey or accurate site plan showing the proposed fence in relation to all property lines and including the following information: 1. Height (at ground grade): Front & Corner/Exterior Side Yard: Side yard: Rear Yard: 2. Material: Wood Chain Link Vinyl Other (description) ________________________________________________________________________________________________ Address of Property: ________________________________________________________________________________________________ Legal Description of Property (Lot, Block and Addition): ________________________________________________________________________________________________ ________________________________________________________________________________________________ Property Owner: _____________________________ Representative: ___________________________________ Mailing Address: ____________________________ Mailing Address: _________________________________ Telephone No.: ______________________________ Telephone No.: ___________________________________ **Signature ___________________________________ Signature ______________________________________ I hereby state that to the best of my knowledge all statements, data, information, and evidence submitted is true and correct. I will comply with City Code Sec. 31-508, Fence Regulations, and the applicable conditions of the permit if it is granted and used. ________________________________________________ ____________________________ Property Owner/Representative Signature Date OFFICE USE ONLY Conditions of Permit Approval: Finished side of fence to face out. Do not block existing drainage way or easement. Fence may be on property line but posts must be on subject property. The property owner is responsible for field-verifying the property line. Other: _______________________________________________________________ C.D. Director /City Planner/Zoning Administrator Date of Approval Before You Dig Call Gopher State One at 651-454-0002 to identify any underground utility locations. FENCE PERMIT CITY OF STILLWATER PLANNING DEPARTMENT 1. FENCE - any linear structure used to prevent access by persons or animals or to prevent visual or sound transference 2. PURPOSE a. Provide regulation of fences in the city b. Prevent fences from being built that would be hazardous to the public, or an unreasonable interference with the uses and enjoyment of neighboring property c. Ensure compatibility with existing uses, other zoning restrictions and drainage ways 3. STEPS TO OBTAIN A PERMIT a. Complete fence permit application with $25 fee and include an accurate site plan showing: i. Proposed fence ii. Buildings iii. Property lines iv. Labeled Streets b. City Council decides appeals when it is contended that the Community Development Director was in error 4. REGULATIONS a. Height in Residential Areas i. Prohibited to be higher than 6 feet above ground level ii. Limited to 42 inches in the front yard and exterior side yard setback areas (see diagram) b. Design i. Side of fence considered to be the face (finished side as opposed to structural side) will face adjoining properties ii. Fences built on the street side of a corner lot cannot obstruct the clear view of an intersection by approaching traffic c. Along Property Lines i. Residential – can be placed on lot line provided as long as footings are within fence owner’s property ii. Commercial – can be built on lot lines to the height of 6 feet d. Other i. Cannot be built on public rights-of-way ii. Cannot be built where it will hinder a drainage way or drainage easement iii. Cannot be built before all lots with a common drainage system or with in platted block have the final grade established and approved, and all lots within the system have turf set up with grass seed/sod 5. REPLACING/REBUILDING EXISITNG FENCE a. Replacement or rebuilding of an existing fence must meet the regulations of the fence ordinance b. Existing fences that violate this section is not allowed to be replaced or rebuilt 6. VIOLATIONS – violations of the fence ordinance may be enforced by injunction, and the city will be entitled to the remedy of abatement in order that a fence built in violation may be removed 1 Ben Prchal From:Gavin Quinn <gqfence@gmail.com> Sent:Monday, June 29, 2020 4:38 PM To:Ben Prchal Subject:Re: Twin Cities Fence Contact Form Caution: This email originated outside our organization; please use caution. The only 3.5’ fence I know of would be like a custom wood picket, or potentially a chain link fence. In 25 years Ive never installed a 3.5’ fence. Either 3 or 4’ and 3’ is never carried in stock. Always special order. I hope this helps! On Mon, Jun 29, 2020 at 4:36 PM Ben Prchal <wordpress@mnfencecontractor.com> wrote: Name: Ben Prchal Company: Email: bprchal@lakeelmo.org Phone: Address: City/State/Zipcode: Fence Style Interested: How Did You Hear About Us: Desired Height (in feet): Desired Length (in feet): Message: I have been instructed to work on a code amendment regarding the maximum fence height in the front and coder side yards of Lake Elmo properties. At this point the City allows a maximum height of 3.5 ft. However, after working with installers this seems to be an odd height where 4 ft. is more common. If someone wanted, could they purchase a 3.5 ft. fence from you and would that be a custom order? Thank you -- Gavin Quinn Twin Cities Fence 651-270-5520 1 Ben Prchal From:Jennifer Brizius <Jennifer.brizius@dakotaunlimited.com> Sent:Tuesday, June 30, 2020 6:48 AM To:Ben Prchal Subject:Fence heights Caution: This email originated outside our organization; please use caution.   Hi Ben,    48” is definitely more common, but yes, 42” is available. Depending on what type of material the customer is using, it  would be a custom order anyways.     Aluminum gets ordered in per job, so ordering it in the correct height is not an issue. It is not a custom size to our  supplier, just less commonly ordered.      PVC is the only one that is not offered in a 42” height, no matter the style. There are some that scallop from 48” to 42”  but that probably wouldn’t meet the requirements. There is one or 2 styles that scallop from 36” to 42”, so that would  meet the requirement and is easily ordered that way.     Wood can be built to any height and is as easy as cutting down posts and boards to height, which we would also do for a  5’ tall fence, so again, not an issue.      Even chain link commonly comes in a 42” height and we use that in some older back yards when putting in 42” used to  be more common.  We don’t keep as much 42” chain link in stock as 48”, but it never takes more than a week to arrive.     I know this is probably not the supporting documentation you’re looking for in your fight with the city, but I do agree  that 42” is a weird height requirement.     Thanks,      Jennifer Brizius Dakota Unlimited, Inc.  651-322-7128-direct  651-423-3995-main  651-423-3996-fax  jennifer.brizius@dakotaunlimited.com Like us on: Proud recipient of the Angie’s List Super Service Award every year since 2006.     1 Ben Prchal From:Northland Fence <sales@northlandfence.com> Sent:Monday, June 29, 2020 4:43 PM To:Ben Prchal Subject:Re: City Code Amendment Caution: This email originated outside our organization; please use caution. Hi Ben, Thank you for reaching out to Northland Fence for your questions! Our standard heights are 4', 5', and 6' for all three materials we install (chain link, ornamental wrought-iron steel, and vinyl). We do not special order or install any materials at 3.5' height and do not sell materials to the public. We only do complete installations. I hope this helps and please let us know if you have further questions. Kaya 763-316-4881 Northland Fence www.northlandfence.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. On Mon, Jun 29, 2020 at 4:30 PM Ben Prchal <BPrchal@lakeelmo.org> wrote: I have been instructed to work on a code amendment regarding the maximum fence height in the front and coder side yards of Lake Elmo properties. At this point the City allows a maximum height of 3.5 ft. However, after working with installers this seems to be an odd height where 4 ft. is more common. If someone wanted, could they purchase a 3.5 ft. fence from you and would that be a custom order? Thank you, Ben Prchal, City Planner City of Lake Elmo 651-747-3911 2 8301 Valley Creek Road • Woodbury, MN 55125-3300 • www.ci.woodbury.mn.us (651) 714-3500 • TDD (651) 3568 • building@ci.woodbury.mn.us Fence Ordinance Summary 1. A fence up to six feet in height may be erected on the rear and side lot lines, and return to the nearest front corner of the principal building. 2. A fence not exceeding four feet in height may be erected on the side lot lines, forward of the front corner of the principal building. 3. Fences in excess of 30 inches in height extending across front yards are not permitted in residential platted areas. 4. No fence shall be constructed in a manner that would block the view of vehicular traffic, or restrict snow plowing of streets. 5. Fences may be placed up to property lines. It is the owner’s responsibility to verify the location of the property lines. 6. The side of the fence considered to be the face, the finished side, shall face adjoining property. 7. Barbed wire fences are not permitted in platted areas. 8. All fences shall be properly maintained with respect to appearance and safety. 9. Swimming pools shall be protected by a fence at least four feet high, with a self- closing, self-latching, lockable gate. It shall be built so that a four inch sphere cannot pass through. 10. It is suggested to have a surveyor locate property lines before installing fences. The city does not have surveyors on staff to perform this service. J:\Data\WP\Building\Web\Fence Ordinance Summary 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-239-___ AN ORDINANCE AMENDING THE LAKE ELMO CITY ZONING CODE OF ORDINANCES BY AMENDING THE HEIGHT STANDARDS FOR FENCING ALONG CORNER LOT SIDE YARDS AND REMOVING NEIGHBORING PROPERTY OWNER AUTHORIZATION FOR FENCES ALONG PROPERTY LINES. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV Land Use: Chapter 154 Zoning Code; Article VII: General Regulations; Section 154.205 by amending the following: 154.205 FENCING REGULATIONS. A. Purpose. The purpose of this Ordinance is to provide for the regulation of fences in the City of Lake Elmo and to prevent fences from being erected that would be a hazard to the public, an unreasonable interference with the uses and enjoyment of neighboring property or are incompatible with existing uses and other zoning restrictions. B. Definitions. The following words, terms and phrases, when used in this Section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning: Permanent Fence. Fences that are installed in a fixed or enduring manner that are not intended for a seasonal or temporary purpose. Temporary Fence. Fences that are installed and removed on a seasonal basis, such as snow fences, garden fences and seasonal recreational fences, such as hockey boards. C. Permit Required. 1. Permanent Fence. No permanent fence shall be erected without first obtaining a fence permit. Application shall be made to the Planning Director. The fee shall be established by the City’s Fee Schedule. The Planning Director is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this Ordinance. The Board of Adjustment and Appeals shall hear and decide appeals when it is alleged that the Planning Director was in error. The appeals shall follow the procedure outlined in §31.01. 2. Temporary Fence. Temporary fencing that complies with subsection (F) and all other applicable provisions of this Ordinance shall be exempt from permit requirements. D. General Requirements. All fences erected in the City of Lake Elmo are subject to the following requirements: 1. Maintenance. All fences shall be property maintained with respect to appearance and safety. Fences that remain in a state of disrepair for an extended period of time shall constitute a nuisance per §96.03. 2. Face of Fence. The finished side of any fence or wall must face abutting property or street rights of way. 3. Fence Materials. Permitted fence materials shall be limited to brick, stone, wood, wrought iron, vinyl, composite material, steel, aluminum, chain-link, and in cases of temporary 2 fencing only, materials that are consistent with temporary fencing as regulated under subsection (F) 4. Traffic Obstruction. No fence or wall shall obstruct a motorist’s or a pedestrian’s safe view from the driveway or street. 5. Location. a) Fences may be installed on any portion of a lot subject to the height restrictions of §154.205.E and may be installed up to the property line. along or within one foot of property lines provided the adjacent property agrees, in writing, that such fence may be erected on or within one foot of (12 inches) of the boundary lines of the respective properties. Any portion of the fence and all footing material shall by fully on the respective property and not encroach or cross over onto the neighboring property. It is also the responsibility of the property owner to have the property lines identified. b) All pertinent property pins shall be visible upon inspection for fences installed within one foot (12 inches) of a property boundary. c) In the case of a dispute, the City may require a survey to establish the boundary line of a property. 6. Easement Encroachment. An easement encroachment agreement must be approved by the Planning Director or his/her designee after review and approval from the City Engineer or his/her designee, along with a fence permit, for any fence that will be installed within a City easement. 7. Swimming Pools. All swimming pools shall be enclosed with required fencing per §151.085. E. Fence Height and Design 1. Fences within Front and Side (Corner) Yards. Any fence within a front or side (corner) yard setback or any required setback form a public right-of-way may not exceed forty-two (42) forty-eight (48) inches (4 feet.) in height and must be 50% open to air and light. The fence must also be setback 20 feet. extending from the front corner lot pin or ROW. 2. Residential and Mixed-Use Districts. No fence shall exceed six feet (6’) in height, and shall be subject to the design requirements of §154.205.E.3. 3. Commercial and Industrial Districts. No fence or wall shall exceed eight feet (8’) in height. Fences that exceed eight feet (8’) in height require a conditional use permit. F. Temporary Fences 1. Height and Performance. Temporary fences shall comply with the fence height standards of subsection (E). Temporary fences shall be at least 40% open to air and light. If unable to be at least 40% open to air and light, temporary fences shall not exceed forty-two inches (42”)forty-eight inches (4 feet.) in height. The fence must also be setback 20 feet. extending from the front lot pin or ROW. 2. Duration and Limitation a. No snow fence or posts shall be installed prior to October 1, and must be removed prior to April 15. b. Seasonal recreational fencing intended for winter sports, such as hockey or broomball shall not be installed prior to October 1, and must be removed prior to April 15. 3. Location. Snow fences shall be set back at least 50 feet from any south or east property line, or such additional distance as may be required to prevent the accumulation of snow on public streets or adjoining property, as determined by the Public Works Director. 3 G. Prohibited Fencing. Barbed wire and electric fencing are prohibited in platted areas. H. Agricultural Exemption. Fences constructed on parcels in excess of 5 acres for the keeping of horses; and fences constructed on parcels in excess of 10 acres are specifically exempted from the provisions of this Section. Any such agricultural fencing shall be at least 75% open to air and light. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-____ was adopted on this ________ day of _________ 2020, by a vote of _____ Ayes and _____ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-____ was published on the ____ day of ___________________, 2020. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2020-077 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-239 WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 08-239, an ordinance amending the City’s Zoning Ordinance language in Section 154.205. which increase the allowed fencing height from 3.5 ft. to 4 ft. on the side yard of corner lots. WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-239 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-239, which amends the language specifically for fencing with within the City’s Zoning Code. The following is a summary of the adopted ordinance language: - Fencing on corner lots is now allowed to be 4 ft. which is an increase from the previous 3.5 ft. requirement. But the fence must also be setback 20 ft. from the corner lot pin or ROW on the corner side of the property. - Neighboring approval of fencing on or within one foot of the property line is no longer a requirement. The full text of Ordinance No. 08-239 is available for inspection at Lake Elmo City Offices during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: August 4th, 2020 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member _____________________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted.