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July 19, 2022 Page 3 inspected by the building official. In practice, this was not happening, whether in St. Anthony or most any other locality when these variations were only a few inches above the 6 foot mark. As such, the writers of the Building Code amended that code from 6 feet to the 7 feet now in force. The taller dimension accommodates the variations noted (terrain and post design), with the understanding that the majority of such fences utilize fence panels of 6 feet (see illustration above). To remedy this conflict, staff believes that an amendment to the existing code is appropriate. Although the applicant has suggested that the fence height be increased to 6 feet, 6 inches, staff recommends the 7 feet dimension used by the Building Code, and thus the following amendments are proposed, with the changes shown in redline: (C) Fence size. All fence and wall heights shall be measured from the finished grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that artificially increases the maximum permitted height of the fence. Required fence height shall be measured and applied only at each post, and no section of fence between posts shall exceed the height of the lower of the two posts between which such fence is constructed. (1) Residential Uses. a. Front Yards. No fence, fence post, or post cap shall be over four (4) feet fifty-two (52) inches in height within a required front yard setback. b. Side Yards. No fence shall be over six (6) seven (7) feet in height. A fence up to six (6) seven(7) feet in height shall be allowed on corner lots along the corner side behind the nearest front corner of the principal building. c. Rear Yards. No fence shall be over six (6) seven (7) feet in height. The applicant notes in his application materials that other nearby communities have amended their fence regulations to make this change, or something similar. These include Columbia Heights, New Brighton, Fridley, and Roseville. It is planning staff’s experience that many other communities have adopted similar changes. On a separate track, there are related amendments that would be relevant to other portions of the fence code, including permitting, and the application of fence height in commercial and industrial areas. Those amendments are expected to accompany other general code updates being proposed by the Code Review Committee.