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9.9. SR 08-21-1995/ ~ ~lk Ri ITEM 9.9. MEMORANDUM ~~~ TO: Mayor & City Council FROM: Gary Schmitz, Planning Assistant DATE: August 21, 1995 SUBJECT: Ordinance Amendment Request by the City of Elk River, Public Hearing Case No. OA 95-11 Request The City of Elk River is requesting an Ordinance Amendment, which would change the Fence Ordinance to include some construction aesthetic standards for fences. Attachments Ordinance No. 95- • Analysis The City of Elk River has recently received complaints concerning the exterior of fences within residential areas of the city. The complaints are the result of fences which are constructed with the posts and structures supporting the fence on the outside, with the finished sided material on the inside. The complainants have stressed that they are concerned about the aesthetics of the fences and the outward appearance to their property. Staff researched several other City's Ordinances related to fences, and most require that the finished side is located on the outside, facing the abutting or adjoining properties. Staff is requesting that the Fence Ordinance be amended to include a section related to Construction Aesthetics. This amendment should address these types of complaints in the future. Staff is proposing to add the following language to the fence ordinance: • Construction Aesthetics: 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 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 posts or structures supporting the fence shall be on the inside of the • fence. Planning Commission Meeting At the July 25, 1995, Planning Commission meeting, the Commission had questions related to defining the finished side of a fence. The Planning Commission concurred with stafE"s recommendations and approved Ordinance 95- Recommendation Staff and the Planning Commission recommend approval of the Code Amendment as proposed in the attached ordinance. council:oa95-11 • ORDINANCE 95- • AN ORDINANCE OF THE CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 900.20 (6) OF THE CITY OF ELK RIVE CODE OF ORDINANCES RELATING TO FENCES (CASE NO.OA 95-11 ) The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.20 (6) of the City of Elk River Code of Ordinances is hereby amended to add the following sections: Section 900.20 (6)(D)(ii)(d)(C)(xii) -Construction Aesthetics: 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. Passed and adopted by the Elk River City Council this 21st day of August, 1.995. Attest: Sandra A. Thackeray, Gity Clerk • Henry A. Duitsman, Mayor s:document:ordinance:oa95-11