Item 5.8 Item #5.8
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Elk
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River
MEMORANDUM
TO: Planning Commission
FROM: Chris Leeseberg, Planner
DATE: May 27, 2003
SUBJECT: Case No. OA 03-04
Request by City of Elk River to Amend Section 30-796 of the
Zoning Code Relating to Fences
Request
The Planning Commission is asked to consider an amendment to the fence portion of the
• Ordinance.
Attachments
• Proposed Ordinance Language .
• Diagram of Proposed Ordinance
Overview
Due to the confusion and the possible mis interpretation of the current language regarding
fences in the ordinance, staff has revised the section relating to fence heights along the front
of properties.
The proposed language states: "that any fence or planting shall not rise over 2 1/2 feet in
height above the level of the public sidewalk or curb of street within 10 feet the front
property line". The language is also being amended for consistency with the building code
regarding permit requirements.
Recommendation
Staff recommends that the Planning Commission recommend approval of the language
pertaining to fence.
•
• Sec. 30-796. Fences;
(a) - .--. •• ,• •- Height restrictions. In any residential zone on any
corner lot,no fenceor planting shall rise over 2 1/2 feet in height
above the level of the public sidewalk or curb of street within 2010 feet of any-earner 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 eight
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 eight 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-la 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.
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• • •
CORNER LOT INTERIOR LOT CURVED CORNER LOT
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PROPERTY LINE 1
CURB OR EDGE OF STREET
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••nAREA IN WHICH FENCE OR PLANTINGS SHALL NOT EXCEED 21/2 FEET IN HEIGHT ABOVE THE LEVEL OF THE PUBLIC SIDEWALK OR CURB OF THE STREET.
— - — PROPERTY LINE(NOT THE CURB OR THE EDGE OF STREET)
DATOA 03-04 CITY OF ELK RIVER - FENCES 5/2
003
5/27/2
�WN BY: 1
�`ikt PROPOSED FENCE HEIGHT RESTRICTIONS CML
River NOT TO SCALE
Item # 6.2
111 d
City of
Elk .......„
River
MEMORANDUM
TO: Planning Commission
FROM: Michele McPhersorj, irector of Planning
DATE: May 27, 2003
SUBJECT: Establish Special Meeting Dates
Hoisington Koegler Group, Inc. is in the process of drafting the Comprehensive Plan for
review by the City's Commissions and Council. Staff and the consultant have established
III two special meeting dates for the Planning Commission,City Council and Task Force to
meet and review the draft plan. Those meeting dates are July 17 and July 31, 2003. The
meetings will be held at Lions Park Center and will begin at 6:30 p.m.
Recommendation
Staff recommends that the Planning Commission establish July 17 and July 31, 2003 as
special meeting dates for the purpose of meeting with the Comprehensive Plan Task Force
and the City Council to discuss the draft Comprehensive Plan.
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S:\PLANNING\Comp Plan\Memos\5-27 pc memo.doc