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Planning Commission Regular Meeting Minutes July 19, 2022 Page 2 1 it is effective. In this case, the relevant land uses are single family residential parcels in the R- 2 1 zoning district. 3 4 The current fence ordinance has a number of issues, related to permit processing, code 5 consistency (including consistency with building code), and technical or practical aspects 6 including measurement. The City’s Code Review Committee has separately been 7 contemplating a series of amendments to the fence regulations for these reasons. While a 8 number of those amendments are likely to come forward with other code amendment 9 recommendations, this resident is seeking amendments to the height regulations as a separate 10 application. The applicant’s request specifically relates to the section of the fence code 11 relating to height. 12 13 The section of the code was provided for Commission review. 14 15 When this code was written, fences of more than 6 feet in height required a building permit, 16 with review and permitting through the Building Official. The revised building code has 17 changed this height to 7 feet. One of the reasons for this change is an acknowledgement that 18 fence construction often occurs over uneven terrain, and a fence that uses 6 feet tall material 19 (a commonly available dimension) is often a few inches more than 6 feet above the ground 20 below it. Many types of fence construction include post design where the tops of the posts 21 extend a few inches above the top line of the fence panel. These conditions have been 22 prevalent for many years. Technically, such fences were required to obtain building permits, 23 be reviewed by building inspection staff, and be inspected by the building official. In practice, 24 this was not happening, whether in St. Anthony or most of any other locality when these 25 variations were only a few inches above the 6 foot mark. The writers of the Building Code 26 amended that code from 6 feet to the 7 feet now in force. 27 28 The taller dimension accommodates the variations noted (terrain and post design), with the 29 understanding that the majority of such fences utilize fence panels of 6 feet. 30 31 To remedy this conflict, staff believes that an amendment to the existing code is appropriate. 32 Although the applicant has suggested that the fence height be increased to 6 feet, 6 inches, 33 staff recommends the 7 feet dimension used by the Building Code. A redline code was 34 provided to the Commission. 35 36 The applicant noted in his application materials that other nearby communities have amended 37 their fence regulations to make this change or something similar. These include Columbia 38 Heights, New Brighton, Fridley, and Roseville. It is the planning staff’s experience that many 39 other communities have adopted similar changes. To construct a fence over 7 feet would 40 require a building permit and variance. 41 42 A letter from another resident was presented to the Commission and noted he was not in favor 43 of the change in height. He suggested this be moved to another date and the height maximum 44 be lowered. 45