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� f STAFF REPORT To: Chair Stromgren and Planning Commission Members From: Kinn Moore-Sykes, Assistant City Manager Date: September 15,2009 Subject: Review Fence Heights Property Address: N/A Zoning District: Residential 60-Day Expires: N/A Requested Action: Possible Amendment to the City Code Background: As Staff presented information that generally,most communities limit fence height to six feet in side and rear yards. The stated purpose for regulation is "to promote a pleasant physical environment and to protect the public and private property within the City by regulating the location,height, type of construction, and maintenance of all fences." Most communities feel that fences taller than six feet do not promote a very neighborly community. Staff reviewed variance applications since 2007 to determine how often variances for fence heights have been applied for by residents. Since the City began tracking them electronically in 2007, of the 56 variances applied for, only two variance requests were submitted for fence heights. Because so few variances to the fence height regulations have been requested,Staff does not recommend changing the City Ordinance to allow eight-foot fences. That is not to say that occasionally and on a case-by-case basis, that an eight-foot fence isn't necessary in some situations. As just stated, the City of St. Anthony granted two variances associated with fence height; one in 2008 and one in 2009. The two variances granted for fence height were for neighboring properties which were determined to have situations that are unique in nature. The two neighboring properties are situated such that their back yards are adjacent to or are in close proximity to Silver Lake Road,which is classified by the Metropolitan Council in its Transportation Plan as an A-Minor Arterial road north of 37th Avenue. This means that Silver Lake Road is a reliever route as defined by the Met Council that provides direct relief and support for congested principal arterials, such as I-694,by carrying traffic toward or away from the core of the metro area. These types of roads are characteristically very busy and noisy. The variance requests were more for the mitigation of noise and light rather than an increased need for security or privacy. Staff found that the City of Prior Lake is one of the few metro area communities that allows for the installation of an 8-foot fence in the Residential Zoning District, but only for properties abutting a state highway or county road. If the Planning Commission recommends and the City Council favors changing the City Code to allow for eight-foot fences in situations similar to those allowed for by the City of Prior Lake, then Staff would recommend that eight-foot fences be an approved conditional use in the residential zoning district where the property abuts a county or state road.