8.1. SR 08-20-2012 )i*,Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 8.1
AGENDA SECTION MEETING DATE PREPARED BY
General Business August 20, 2012 Jeremy Barnhart,Planning Manager
ITEM DESCRIPTION REVIEWED By
Background Information for Residential Fencing at 114 Evans Cal Portner, City Administrator
Avenue from Open Forum REVIEWED BY
ACTION REQUESTED
Receive background information regarding residential fencing located in right-of-way.
BACKGROUND/DISCUSSION
At Open Forum on August 13,Murlyne Beck approached the Council with a concern related to the
enforcement of the fence ordinance at 114 Evans Avenue.
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Figure 1:114 Evans Avenue
There are two issues in this situation.
Issue 1
Ms. Beck indicated a desire to relocate her rear-yard fence closer to her property line. Based on a survey
she recently completed, the rear-yard fence is approximately 2-4 feet from the property line. The
adjoining property owner has expressed concern with the potential location of the fence. The Beck's
fence is permitted to be constructed on the shared property line,with the consent of both property
owners. If no consent is given, the fence needs to be moved off the property line a minimal distance,
enough to support the construction and maintenance of the fence. Moving the fence would reduce the
amount of property recognized by the adjacent property owner.
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N:\Public Bodies\City Council\Council RCA\Agenda Packet\08-20-2012\SR to CC Response to Fence issue 8-20-12.docx
Issue 2
Ms. Beck received a Notice of Violation for constructing a 4-foot high chain link fence within the right-
of-way. Fences higher than 2.5 feet must be set back at least 10 feet from the property line. Fences in
residential districts may be up to six feet in height. The city does not require permits for fences.
Ms. Beck stated at Open Forum and at private meetings, that city inspectors located property lines and
that city inspectors approved the location of the fence. The city does not locate property lines or fence
locations, therefore staff believes she is referring to contractors locating buried utilities and/or inspectors
associated with the street improvement project verifying that they could complete their street
improvement work without disturbing the fence. Street inspectors do not verify these improvements
meet the ordinance.
Per city ordinance,the portions of the fence located in the right-of-way must be removed. The city does
not permit private improvements (except driveways) in the right-of-way.
Options
Staff has identified two options that would allow Ms. Beck to relocate her fence within 10-feet of the
property line.
Variance. To allow a fence higher than 2.5 feet and closer than 10-feet from the property line, the Board
of Appeals would need to approve a variance,after receiving a completed application and holding a
public hearing.
Ordinance Amendment. Ms. Beck has expressed a desire to change the ordinance to allow chain link
fences in front yards in smaller lots. Staff does not recommend an ordinance amendment because the
setback is intended to,in part,protect roadway visibility in residential districts including streets,
driveways, trails, and sidewalks. In more dense areas, there are more intersections. Further,while chain
link is more open than other types of fencing,it still blocks visibility at many angles.
FINANCIAL IMPACT
None
ATTACHMENTS
• Beacon information
• Ordinance
• Enforcement letter
• Fence informational handout
I Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Council RCA\Agenda Packet\08-20-2012\SR to CC Response to Fence issue 8-20-12.docx
Sherburne County, MN .f beaconTM
Date Created:8/15/2012
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Parcel ID 75-451-0102 Alternate ID n/a Owner Address BECK,CHARLES D&MURLYNE
Sec/Twp/Rng 34-33-26 Class 201-Residential 1 unit 114 EVANS AVE NW
Property Address 114 EVANS AVE NW Acreage 0.14 ELK RIVER MN 55330
ELK RIVER
District ELK RIVER CITY
Brief Tax Description n/a
(Note: Not to be used on legal documents)
Last Data Upload:8/15/2012 10:22:25 AM
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updated periodically.For the most current information contact the appropriate county department. Schneider www.schneidercorp.com
Municode Page 1 of 1
Sec. 30-796. - Fences; visibility at intersections and driveways.
(a) Height restrictions. In any residential zone on any lot, no fence or planting shall rise over 2%feet in height
above the level of the public sidewalk or curb of street within ten feet of the front property line.
(b) Height of fences in side and front yards. No fence in a front yard or along a side line of a lot in a residential
zone, other than a retaining wall, shall be higher than six feet in height unless the adjoining lot is not in a
residential zone. Construction of a fence exceeding six feet in height requires a building permit.
(C) Height of fences in rear yard. No fence higher than eight feet may be located in a required rear yard in a
residential district, unless the adjoining lot is not in a residential zone. Construction of a fence exceeding six
feet in height requires a building permit.
(d) General requirements for fences.
(1) Location. Any fence shall be located entirely upon the private property of the person constructing or
causing the construction of such fence unless the owner of the adjoining property agrees, in writing, that
such fence may be erected on the division line of the respective properties. The director of planning or
their designee may require the owner of the property upon which a fence exists to establish the
boundary lines of the property by a survey thereof.
(2) Construction and maintenance.
a. Every fence shall be constructed in a complete and substantial manner and of materials
reasonably suited for the purpose for which the fence is proposed to be used.
b. Every fence shall be maintained in a condition of reasonable repair. No fence shall be
constructed or continue which is dangerous to the public safety, health, or welfare as determined
by the director of planning or their designee.
c. Electric fences, barbed wire fences and barbless wire fences shall be permitted only in the A-1
and R-1a zoning districts when related to farming, but not as boundary fences.
(3) Finished side of fence to face adjoining property. If the material used in the fence construction is not
finished on both sides, the finished side of the material shall be on the outside,facing the abutting or
adjoining properties, and all posts or structures supporting the fence shall be on the inside of the fence.
(4) a. All below ground pools require a building permit and shall be enclosed with a fence that is a
minimum four feet high and includes lockable gates. The fence shall be installed prior to filling the
pool. Fencing shall be chain link, vertical pickets or solid. Spaces between the bottom of the
fence and the ground or between the pickets shall not exceed four inches.
b. All above ground pools that require a building permit shall have access controlled with a means to
prevent access into the above ground pool when unoccupied. Failure to prevent access into an
above ground pool when unoccupied is a misdemeanor.
c. All pool related chemicals shall be stored inside a structure.
(Code 1982, §900.20(6);Ord. No. 03-10, § 1. 6-16-2003;Ord. No. 04-15,§ 1, 10-18-2004:Ord. No. 06-09,§ 1, 7-17-2006)
http://library.municode.com/print.aspx?h=&clientID=13 427&HTMRequest=http%3 a%2W/o2flibrary.munic... 08/16/2012
City of
Elk*�
River
13065 Orono Parkway
Elk River, MN 55330
August 8,2012
Charles &Murlyne Beck
114 Evans Ave. NW
Fik River,MN 55330
Dear Mr. &Mrs.Beck,
The City of Elk River has been made aware of a violation of city ordinance on your property
at 114 Evans Ave.NW.in Elk River.
Sec. 30-796(a) of the City of Elk River Ordinance states:In any residential zone on any lot,
no fence or planting shall rise over 2 1 feet in height above the level of the public sidewalk
or curb of street within ten feet of the front property line.
Sec.30-796 (1) of the City of Elk River Ordinance states:Any fence shall be located entirely
upon the private property of the person constructing or causing the construction of such
fence unless the owner of the adjoining property agrees,in writing,that such fence may be
erected on the division line of the respective properties.The director of planning or their
designee may require the owner of the property upon which a fence exists to establish the
boundary lines of the property by a survey.
The fence you installed violates city ordinance.The height is an issue as described above and
has been installed in the right of way.Your property line is approximately 23 from the front
of the house.
Please have this issue corrected by August 23w,2012. Failure to do so may result in a
citation,prosecution or both.
Thank you in advance for taking care of this.
Sincerely,
Phone: 763.635.1000
Fax:763.635.1090
www.ci.elk-river.mn.us
Call Before You Dig 651.454.0002 or 1.800.252.1 166
FENCES
Permit
A permit is required for any fence over 6-feet in height,which will require engineered drawings. The
fee is$45 plus a state surcharge based on the total valuation.
General Requirements
Fences shall be located entirely upon the private property of the person constructing or causing the
construction of such fence unless the owner of the adjoining property agrees,in writing,that such
fence may be erected on the division line of the respective properties.
When the fence cannot be placed on the property line,the fence should be setback adequately
enough for the property owner of the fence to maintain both side of the fence without being on the
adjoining property.
Height Restrictions
In any residential zone on any lot,no fence or planting shall rise over 2 1/2 feet in height above the
level of the public sidewalk or curb of street within ten feet of the front property line. (See Attached
Map)
Side and front yards No fence in a front yard or along a side line of a lot in a residential zone,
other than a retaining wall,shall be higher than six feet in height unless the adjoining lot is not in
a residential zone.
Rear yard No fence higher than eight feet may be located in a required rear yard in a residential
district,unless the adjoining lot is not in a residential zone.
Construction and Maintenance
• If the material used in the fence construction is not finished on both sides,the finished side of
the material shall be on the outside,facing the abutting or adjoining properties,and all posts or
structures supporting the fence shall be on the inside of the fence.
• Every fence shall be constructed in a complete and substantial manner and of materials
reasonably suited for the purpose for which the fence is proposed to be used.
• Every fence shall be maintained in a condition of reasonable repair.No fence shall be
constructed or continue which is dangerous to the public safety,health,or welfare as
determined by the director of planning or their designee.
Pools
Below Ground Pools shall be enclosed with a fence that is a minimum 4-feet high and indudes
lockable gates. The fence shall be installed prior to filling the pool. Fencing shall be chain link
vertical pickets or solid. Spaces between the bottom of the fence and the ground or between the
pickets shall not exceed four inches.
Above Ground Pools Fences are not required. Above ground pools that require a building
permit shall have access controlled with a means to prevent access into the above ground pool
when unoccupied.
Agricultural Fences
Electric fences,barbed wire fences and barbless wire fences shall be permitted only in the A-1 and
R-la zoning districts when related to farming,but not as boundary fences and must be setback 5-feet
from property lines.
Call Before You Dig 651.454.0002 or 1.800.252.1 166
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