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MEMORANDUM <br />To:Mayor Stille and St. Anthony Village City Council <br />City Manager Yunker <br />From:Stephen Grittman, City Planner <br />Date:City Council Meeting – November 9, 2021 <br />NAC Project No.323.01 – 20.05 <br />Request:Request for Variance to Front Yard Fence Setback for 6 Foot Tall Fence <br />Property Address:3501 Maplewood Drive <br />Property PID:06-029-23-11-0093 <br />STAFF and PLANNING COMMISSION RECOMMENDATION <br />The applicant proposes to construct a fence to enclose a proposed swimming pool on the west <br />side of their property at the above address. Fences are allowed to be up to 6 feet in height in <br />side and rear yards (behind the front building setback line), and 4 feet in height in front yards. <br />The applicant is proposing to extend the fence toward the Maplewood Drive property line, into <br />the setback area that requires a height of no more than 4 feet, but build it at the 6 foot height. <br />That encroachment of a 6 foot high fence requires approval of a variance. <br />The proposed encroachment is approximately 8 feet into the required setback. <br />Staff has reviewed for height, use, other setbacks, and impervious surface. One of the prior <br />issues, combined with the setback/height request, was impervious surface on the lot, given the <br />new pool, pool deck, and existing rear yard shed. The applicant has reduced the size of the <br />proposed pool, and will be removing the existing shed to meet the impervious surface <br />standards of the code. <br />The Planning Commission recommended approval on a unanimous vote, suggesting that the <br />encroachment aspect of the proposal was most persuasive, acknowledging that a 6-foot tall <br />fence is allowed in many areas, and a 5-foot tall fence is a requirement for swimming pool <br />protection.