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Item 4.1 Fence Memo3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Otsego Planning Commission FROM: D. Daniel Licht DATE: 10 April 2024 RE: Otsego – Zoning Ordinance; Residential Fences TPC FILE: 101.01 BACKGROUND Section 11-19-4 of the Zoning Ordinance regulates placement of fences. City staff encounters questions often regarding allowances of fences on residential properties. We are presenting information regarding the existing fence regulations and options for possible amendments based on comments from residential property owners and fence installers. Exhibits: Fence Regulations; Existing Fence Regulations; Option ANALYSIS Existing Regulations. Residential fences are currently allowed as follows: Front Yards Maximum 4ft. height Minimum 75% open Side/Rear Yards Abutting Local Street Interior Lot Line Maximum 6ft. height Up to 100% solid Abutting Collector Street 10ft. setback Drainage and Utility Easements Requires City Engineer approval Item 4.1 2 Proposed Amendment. The primary question regarding the current fence allowances concerns the regulation of fences in side and rear yards of a corner lot abutting a local street. The Zoning Ordinance defines these as front yards for the purposes of building setbacks and fence locations. The intent of limiting fences in these yards is to maintain visual open space along the local streetscape. Limiting fences to a maximum height of four feet and minimum 75 percent open space in these yards also provides a consistent building line, especially where the rear lot line of the corner lot abuts the side lot line of an adjacent lot as shown below. Property owners of corner lots proposing to install privacy fencing in their rear yards object to the limitation of the existing Zoning Ordinance not allowing for the fence to extend to the right- of-way line. Property owners do have the ability to install fencing in the rear yard using a combination of six foot privacy fencing and four foot fencing that is a minimum of 75 percent open (e.g. chain link or metal rod) to enclose the entire rear yard. However, if the property owner desires that the entire enclosure be done with fencing up to six feet in height and/or with privacy fencing, the rear yard is bisected at the setback line from the right-of-way in order to comply with the existing regulations reducing the usability of the rear yard. The Zoning Ordinance can be amended to allow more of the rear (and side yard) of a corner lot abutting a public right-of-way to be enclosed by privacy fencing up to six feet in height. To protect visibility for traffic at local street intersections, we would recommend that any amendment to the Zoning Ordinance only allow for the privacy fencing between the rear lot line and rear line of the principal building. 3 City staff would also recommend that a five foot setback from the property line be established for all fences abutting public rights-of-way to allow to preserve access to the drainage and utility easement at the lot line for location of utilities such as gas, electric, phone, and cable. CONCLUSION The information outlined herein is provided for discussion by the Planning Commission. City staff is requesting direction as to whether an amendment of the Zoning Ordinance is to be formally initiated to consider changes to the allowances for residential fences in the yards of corner lots abutting local public street rights-of-way. The Planning Commission may also decide not to pursue amendment of the Zoning Ordinance if they find that the existing regulations are consistent with the intent of the performance standard. This item has been added for discussion at the Planning Commission meeting on 15 April 2024. c. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer Fence Regulations 100 ft Overview Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL Highways Interstate State Hwy US Hwy City/Township Limits c t Parcels Torrens Fence Regulations 100 ft Overview Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL Highways Interstate State Hwy US Hwy City/Township Limits c t Parcels Torrens