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HomeMy WebLinkAbout3.e. Fence Ordinance DiscussionV CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COUNCIL WORK SESSION DATE: February 11, 2004 AGENDA ITEM: Fence Ordinance Discussion AGENDA SECTION: Discussion PREPARED BY: Kim Lindquist, Community Development Dir. AGEN ITEM# E- ATTACHMENTS: Survey, Pool Handout, Ordinance Excerpts APPROVED BY: On January 6, 2004 the City Council deliberated on an appeal from the Board of Appeals and Adjustments regarding the granting of a fence variance. The fence variance permitted a 6' fence in the side front yard of a corner lot. Currently, the ordinance specifically requires that corner lots where the side front yard adjoins a front yard the setback is the same as the principal structure for any structure. A fence is considered a structure under the building code. The Council stated their interest in discussing this issue at a work session. The current ordinances were previously forwarded to the Council and are also attached for your use. The ordinance permits a 42" fence in the front yard with up to 6' in the sides and rear yards. The exception is for corner lots as stated above and fences must not be located in the sight triangle. The municipal code also requires 48" fences around pools of 5000 gallons or more in capacity. This would encompass many above ground pools. See attached sheet. Staff has conducted a survey to review requirements from other communities regarding fence heights in residential areas and what the fence height is for pools specifically. Twenty -one communities responded to the survey. Based upon the responses, the average fence height for front yards is 44 ". The majority of communities had a 6' fence height for side and rear yards although there were some 8' (three), 7' (two), and one 6'6" height maximum. When asked if there were special requirements for fence heights on corner lots, the majority of cities require a sight triangle that would preclude placement of a fence in the corner at a street intersection. Seven cities either require a reduced fence height on the side front yard on a corner lot or require greater setbacks for a fence on the "second" front yard of a corner lot. This would be consistent with the intent of the Rosemount ordinance. Sixty -three percent of the communities require a minimum 4' fence around pools. Three require 6' fences and three require 5' fences. The previous state building code required a 4' minimum fence height. In the appendix of the International Code, dealing with the safety' protection around pools, a 4' fence is also recommended. The City when adopting the new Code did not adopt this appendix. The issue that arose during the variance discussion centered on the additional setback requirement for structures prompted by the ordinance for corner lots. If the Council would like, they could delete that requirement from the ordinance. However, that would also permit any type of structure, garage, or accessory building to be closer to the street as compared to the current condition. Another option would be to maintain the ordinance language but exempt fences from the setback requirement. That would mean fences up to 6' could be placed along the property line on side front yards on corner lots (when adjoining another residential front yard). All other structures would need to meet the principal setback requirement consistent with the current regulations. The final option would be to keep the ordinance as is. The main issue raised by this discussion is what are the City and Council trying to achieve. The intent of the ordinance as it now stands is to ensure a "stockade" look does not occur along city roadways. Further, it precludes adjacent neighbors from having higher fences on properties adjoining their front yard. Since the maximum in a front yard is 42 ", the regulation ensures continuity between neighbors based upon fence height and location. There was also some indication that the Council may be interested in revising the fence height required for pools. As written, the ordinance requires a minimum of a 4' fence although certainly many can and do install fences up to 6' in height. When looking at fence heights for pools, the Council should recognize that there are a variety of pool products on the market and threshold for fence requirement can be met with several types of pools, not all of which are the traditional in- ground pool. From the staff perspective, we continue to support the language in the ordinance as written. We have all been in communities that have too many fences along major collector and arterial roads that often look cheap and uninviting. Many times properties have restrictions that limit buildability of the site beyond what the owner may originally understand; lots have easements, subdivisions have covenants, corner lots have additional zoning regulations. The regulation as currently crafted it to ensure that development in the "second" front yard on a corner lot appears similar and consistent to the adjoining residential front yard. Residential Fence Heights APPLE VALLEY BLAINE BURNSVILLE COTTAGE GROVE CHAMPLIN CRYSTAL EDEN PRAIRIE EDINA FALCON HEIGHTS Fence height in front yards 42" 4' 30" 3' 3' 4' 6' 4' 3' Fence height in rear yards 8' 6' 6' 6' 6' 6' 6' 8' 6' Fence height in side yards 8' 6' 6' 6' 6' 6' 6' 8' 6' Any special regulations for fence heights in corner lots yes - sight triangle yes -20' corner yard setback for 6' fence yes for sight triangle yes - sight triangle - -- yes - sight triangle yes - 6' FY when abutting arterial streets yes for sight line yes if adjacent is front yard max height is 4' yes for sight triangle What is the Code requirement for fences around pools? 6' 4' 4' 4' 4' 4' 4' 4' Residential Fence Heights FRIDLEY HASTINGS INVER GROVE HEIGHTS LAKEVILLE MAPLE GROVE NEW HOPE OAKDALE ROSEVILLE ST LOUIS PARK SHOREVIEW SOUTH ST PAUL WHITE BEAR LAKE 4' 42" 42" 42" 42" 42" 4' 4' 42" 4' 42" 4' 7' 6' 7' 6' 6' 8' 8' 6'6" 6' 6' 6' 6' 7 ' 6' 7' 6' 8' 8' 3'6" 6 - 6' 6' 6' yes for sight triangle yes for sight triangle yes sight triangle yes for sight triangle and side yards abutting a street - 42" no yes for sight triangle yes yes for sight triangle yes for sight triangle & two front yards yes - side yard abutting a ROW limited to 4' yes - no higher than 42" in front yard yes - 6' with 17' setback 6' 4' 4' 4' 4' 5' 5' privacy fence 4' 5' 6' GALLONS OF WATER IN POOLS Water Height Pool Diameter in Feet 12 13 14 15 16 17 18 3' 2536 2977 3454 3965 4512 5093 5710 3'6" 2959 3473 4030 4636 5264 5942 4' 3382 3969 4606 5287 6016 7.48 GAL /CUBIC FT. 5000 Gallons for permit MEMORANDUM TO: Honorable Mayor, City Council members FROM: Rick Pearson, City Planner DATE: January 12, 2004 RE: Fences ZONING ORDINANCE Fences are permitted up to property lines in all zoning districts, with the one exception of not being within a "sight triangle" at an intersection. Sight triangles measure twenty -five feet along property -lines back from corners, or thirty feet back along curbs from intersections. Fences in residential districts are permitted to a height of six feet, except in front yards, they are limited to heights of 3.5 feet (42 "). Corner lots are treated as though they have two "front yards" when they are next to neighboring front yards. To put it another way, any corner lot side adjacent to a street, which is next to a front yard will be treated as a front yard. Swimming pools are considered accessory structures and are subject to setbacks for accessory structures. In front yards, accessory structures have the same setback as principal structures (the residence). Eight -foot high fences are permitted in Commercial districts unless they are in front yards (42 ") or next to Residential Districts (6'). There is a separate category for Security fences (8' max.) which are permitted in the General Industrial and Waste Management Districts. CITY CODE Swimming pools are required to be enclosed by fences with a minimum height of 4 ft. Said fence must be a minimum of four feet away from the edge of the pool.