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7.8. SR 09-18-2017 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.8 Agenda Section Meeting Date Prepared by Public Hearin s ISeptember 18, 2017 Chris Leeseber , Senior Planner Item Description Reviewed by Ordinance Amendment: Relating to Fence Height, Zack Carlton,Planning Manager City of Elk River Reviewed by Cal Portner, City Administrator Action Requested Adopt,by motion, an ordinance amending City Code Section 30-796, Fences. Why is this amendment being proposed? The ordinance currently limits the height of fences and plantings to 2'-6"within 10 feet of the front property line. This was implemented to provide adequate visibly at street intersections. A few concerns we hear from residents are as follows: ■ 2'-6"is not a standard fence height (standard heights start at three feet) ■ Limiting the fence height removes 10 feet of usable property when using a six-foot privacy fence. The most common occurrence is along the non-address side of a corner lot. ■ A 2'-6" fence may not be able to contain large dogs within the yard. What is the public benefit? The ability for residents to better utilize their front yards in conjunction with fencing and to provide adequate visibility at street intersections. Background/Discussion Case Number OA 17-09 ---------------------------------------------------- In order to maintain visibility at intersections, staff is recommending no landscaping taller than 24" or any fencing be allowed within the vision clearance triangle. Staff also recommends allowing fences up to 6 feet tall within 10 feet of the front property line. 0 Ordinance currently defines the Vision clearance triangle as the area of a corner lot bounded by the right-of-way lines and a line connecting the - —two points on the property lines 30 feet from the intersection of the 30'-0" property lines. Proposed Ordinance ......... (a) Fence restrictions. In any zone, on any lot,no fence or landscaping taller than 24" shall be allowed within the vision clearance triangle. The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAMIRE1 (b) Height offences in residenfialjhoned districts. No fence on a lot in a residential zone, other than retaining walls, shall be higher than six feet in height unless the adjoining lot is a non-residential zone,in which case, the fence shall not exceed eight feet. (c) Height offences in non-residenfialjhoned districts. No fence on a lot in a non-resident zone, other than retaining walls, shall be higher than eight feet in height. Planning Commission Meeting Two commissioners had concerns with 6-foot tall fences in the front yard. Staff noted that residents currently can install six foot fences in the front yard,just not within the first 10 feet. The proposal is to allow 6-foot tall fences within the first 10 feet of the front yard. Once this was clarified, the commission unanimously recommended approval of the ordinance amendment. No other comments for or against the proposed amendment have been received. Financial Impact None Attachments ■ Existing Fence Regulations Exhibits ■ Proposed Fence Regulations Exhibit ■ Ordinance Amendment N:APublic Bodies\Agenda Packets\09-18-2017\Final\7.8 sr.docx EXISTING FENCE REGULATIONS CORNER LOT INTERIOR LOT CURRIED CORNER LOT \- CURB OR EDGE OF STREET Area of property where fences or plantings cannot exceed 21 /2 feet in height above the level of the public sidewalk or curb of the street. See diagram to the right. • - Property Line (Not the curb or the edge of street) PROPOSED FENCE REGULATIONS CORNER LOT INTERIOR LOT CURRIED CORDER LOT •—•—•—•—•—•—•—•—•—•—•—•—-------------------- •—•—•—•—•—•—•—•—•—•—•—•- I I I / _ o I �. _ LL4 000v 30,_0„ � w PROPERTY LINE/RIGHT—OF—WAY Q CURB OR EDGE OF STREET Area of property (Vision Clearance Triangle) where fencing and landscaping, other than turf, shall not be located. Vision Clearance Triangle means the area of a corner lot bounded by the right-of-way lines and a line connecting the two points on the property lines 30 feet from the intersection of the property lines. 9 - Property Line/Right-0f--Way (Not the curb or the edge of street) i to be removed Underlines to be added City ofElk -m"' -� River Ordinance 17 - An Ordinance Amending Sections, 30-796, Fences of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That� 30-796, Fences;visibility at intersections and driveways of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Heigh*Fence restrictions. In anyfesidefftia4 zone,on any lot,no€erieelandscaping taller than 24" or any fencing shall be allowed in a vision clearance triangle. ffl height above the level of the public sidewalk or curb of street withiti teti feet of the froia (b) Height offences in residentially Zoned districts. . No fence side f on a lot in a residential zone, other than-a retaining walls, shall be higher than six feet in height unless the adjoining lot is �,�ra non-residential zone, in which case, the fence shall not exceed eight feet. (c) Height offences in non-residen&141y Zoned districts. No fence on a lot in a non-resident zone, other than retaining walls, shall be higher than eight feet in heightin No fetice higher th eight feet ma-y be located in a required rear yard in a residefitial distr4et, utiless the adjointing lot, is not in a residential zon SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 18"'day of September, 2017. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk m§AVR Last Updated March 2014 litI . r . - . Ordinance A City of Elk River City ELt.i�� ved C Why Proposed? ■ Ord. limits the height of fences & plantings to 2'-6" within ten feet of the front property line ■ Not a standard height ■ "Removes" 10 feet of property if privacy fence ■ Containment of animals CORNER LOT INTERIOR LOT CURVED CORNER LOT _. ._.—.—.—.—.—.—.—. .—.—.—.—.—.—.—._.—.T.—.—.—._.—.—.—.—.—.— I 10'-0' I I 7777777—// I I I I I I I 77/ I I I 10'-0°' I o I o T � PROPERTY LINE CURB OR EDGE OF STRFFT Area of property where fences or plantings cannot exceed 21/2 feet in height above the level of the public sidewalk or curb of the street See diagram to the right. •— Property Line(Not the curb or the edge of street) 10' 7,77,7777, —0" 0 I I � oP€RTr urs C Public benefit? ■ The ability for residents to better utilize their front yards in conjunction with fencing ■ Provide adequate visibility at street intersections C 4u ,r Visibility at Intersections ■ In order to maintain visibility at intersections, staff is recommending no landscaping taller than 24" or any fencing be allowed within the vision clearance triangle f f I � 30 - 0 PROPOSED FENCE REGULATIONS CORNER LOT INTERIOR LOT CURVED CORNER LOT I._._.-._.-._._._._._._...-.-.-.-.-.-._.-._.T._._.-._.-.-.-.-.-.-.-.- I I I I I I I I I I I I I I I j I I � I I I I I � I I �. PROPERTY LINE/RIGHT-OF-WAY a CURB OR EDGE OF STREET Axesof property('Vision Clearance Triangle)where fencing and landscaping;other than turf,shall not be located. Vmon Clearance Triangle means the area of a corner lot bounded by the right-of way lines and a line connecting the two points on the property lines 30 feet from the intersection of the property lines. —•— Property Line/Right-0f--Way(Not the curb or the edge of stmt) _ - - - --------------- - j I �� _ ��+ -- -- -- -- _ _� �" y-- _ .. �� .. ~~ ��` I I� �� 4 i � �� \ � � \ //'/ . ` � ` // � i. �\ �� ,',\ � i �. �`. I _ - - - --------------- - j I �1 ---------------- �I II i4 I I I I ------------------ « 1------ i - li . IIIIIIIIIIIId�l�i�F�l�f� J .t V T .�-'1� t'.1..•�!' �''�%1T I. /i'. �:1�'.71TIt4 Objects in rnirror are oser than they appear ro ose p ------------------ « 1------ i - li --------------------------- I I��I i / C fks.: Action Requested ■ Adopt, by motion, an ordinance amending City Code Section 30-796, Fences