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August 8, 2022 <br />Page 4 <br />inspected by the building official. In practice, this was not happening, whether in St. <br />Anthony or most any other locality when these variations were only a few inches above the <br />6 foot mark. As such, the writers of the Building Code amended that code from 6 feet to <br />the 7 feet now in force. <br />The taller dimension accommodates the variations noted (terrain and post design), with the <br />understanding that the majority of such fences utilize fence panels of 6 feet (see illustration <br />above). <br />To remedy this conflict, staff believes that an amendment to the existing code is <br />appropriate. Although the applicant has suggested that the fence height be increased to 6 <br />feet, 6 inches, staff recommends the 7 feet dimension used by the Building Code, and thus <br />the following amendments are proposed, with the changes shown in redline: <br />(C) Fence size. All fence and wall heights shall be measured from the finished <br />grade, except that the height of a railing, wall, fence, or screening affixed to a <br />deck constructed on the ground but raised above ground level, will be measured <br />from the elevation of the raised deck for that portion which is affixed to the raised <br />deck. The grade at the fence line shall not be altered in any way that artificially <br />increases the maximum permitted height of the fence. Required fence height shall <br />be measured and applied only at each post, and no section of fence between <br />posts shall exceed the height of the higher of the two posts between which such <br />fence is constructed. <br />(1) Residential Uses. <br />a. Front Yards. No fence, fence post, or post cap, shall be over four (4) <br />feet fifty-two (52) inches in height within a required front yard setback. <br />b. Side Yards. No fence, fence post, or post cap, shall be over six (6) seven <br />(7) feet in height. A fence up to six (6) seven(7) feet in height shall be <br />allowed on corner lots along the corner side behind the nearest front <br />corner of the principal building. <br />c. Rear Yards. No fence, fence post, or post cap, shall be over six (6) <br />seven (7) feet in height. <br />The applicant notes in his application materials that other nearby communities have <br />amended their fence regulations to make this change, or something similar. These include <br />Columbia Heights, New Brighton, Fridley, and Roseville. It is planning staff’s experience that <br />many other communities have adopted similar changes. <br />On a separate track, there are related amendments that would be relevant to other <br />portions of the fence code, including permitting, and the application of fence height in <br />commercial and industrial areas. Those amendments are expected to accompany other <br />general code updates being proposed by the Code Review Committee. <br />20