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Planning Commission Regular Meeting Minutes September 15, 2009 Page 3 1 Two property owners abutting the proposed facility expressed concern regarding the proposed 2 height of the building adjacent to their back yards. 3 4 Chair Stromgren explained their the role as the Planning Commission and informed the residents 5 there will be public hearings held at a later date by the Planning Commission and the City 6 Council for further public input. 7 8 IX. OTHER BUSINESS. 9 10 IX.1 REVIEW OF FENCE HEIGHT ORDINANCE 11 12 Assistant City Manager Moore-Sykes presented the staff report on a possible amendment to the 13 Fence Height Ordinance. She stated at the last Planning Commission meeting staff presented 14 information that generally, most communities limit their fence height to six feet in side and rear 15 yards. The stated purpose for regulation is to "promote a pleasant physical environment and to 16 protect the public and private property within the City by regulating the location, height, type of 17 construction, and maintenance of all fences."Most communities feel that fences taller than six 18 feet do not promote a very neighborly community. Assistant City Manager Moore-Sykes 19 indicated that since the City began tracking variances electronically in 2007, of the 56 variances 20 applied for, only two variance requests were submitted for fence heights. Because so few 21 variances to the fence height regulations have been requested, staff does not recommend 22 changing the City Ordinance to allow 8-foot fences. She noted that occasionally, on a case-by- 23 case basis, an 8-foot fence may be necessary in some situations. 24 25 Assistant City Manager Moore-Sykes reviewed the two variances granted in the City that were 26 associated with fence height. She explained that the variance requests were more for the 27 mitigation of noise and light rather than an increased need for security or privacy. She stated 28 staff found that the City of Prior Lake is one of the few metro area communities that allows for 29 the installation of an 8-foot fence in the Residential Zoning District, but only for properties 30 abutting a state highway or county road. If the Planning Commission recommends and the City 31 Council favors changing the City Code to allow for 8-foot fences in situations similar to those 32 allowed for by the City of Prior Lake, then staff would recommend that 8-foot fences be an 33 approved conditional use in the residential zoning district where the property abuts a county or 34 state road. She reported that the Fire and Police Departments have stated no firm objections, 35 except that there may be some difficulty accessing the property in an emergency. The Fire Chief 36 stated that he would prefer gates to be required if 8-foot fences are allowed in certain situations. 37 38 Chair Stromgren noted the handout from the League of Minnesota Cities provided on the 39 differences between conditional use permits and variances, which helps to clarify questions from 40 the previous meeting. 41 42 Commissioner Jenson stated his support of not changing the Fence Height Ordinance for the very 43 small percentage of requests that have been received. 44