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<br />of Lexington Avenue. Since the elevation of the road would be almost even with the top of <br />the fence, the applicant's are concerned that a six foot high fence would provide little privacy <br />or noise protection from Lexington Avenue. The Lexington Avenue right-of-way begins <br />approximately seventy feet from the rear of the house, and the road surface beings <br />approximately 110 feet from the rear of the house. The slope up to Lexington Avenue is <br />almost entirely within the right-of-way, <br /> <br />The applicant's did contact Ramsey County to determine if a fence could be built on the <br />hillside in the right-of-way going up to Lexington Avenue. A fence in the right-of-way <br />would provide significantly more privacy and likely negate the need for an eight foot high <br />fence. Unfortunately, Ramsey County does not permit private fences within their right-of- <br />way. <br /> <br />The Zoning Code has a provision to allow deviations from the fence regulations through the <br />site plan review process in unusual circumstances (Section 1325.05 Subd 4.M): <br /> <br />Deviations from [the] requirements for fences, walls and landscape screening may be <br />permitted after Planning Commission review and Council approval of a site plan with <br />documentation showing the unusual circumstances justifying the proposed deviation and <br />plans for the proposed fence, wall or landscape screening. This provision is intended to <br />allow flexibility in meeting the purpose and intent of this subdivision without the <br />necessity of proving a hardship as is required in the variance procedure. The objective of <br />this provision is to improve the livability, appearance and security of properties and their <br />relationships to one another. <br /> <br />Since the Zoning Code has specific prOVISIOns for deviations from the normal fence <br />regulations, the variance evaluation criteria do not apply. <br /> <br />2. Surrounding Area: <br /> <br /> <br />North Low Density Residential R- t: Singte Family Residential Single F amity Residential <br />South Low Density Residential R-l: Singte Family Residentiat Single Family Residentiat <br />East Lexington Avenue Right -of-Way Single Family Residential <br />West Low Density Residential R-l: Single Famity Residential Singte Family Residential <br /> <br />City of Arden Hills <br />Planning Commission Meetingfor May 2, 2007 <br /> <br />IIMetro-inet.uslardenhillslPlanningIPlanning Cases\2007\07-011 Scott Site Plan Review (PENDING)\050207 - PC report - Scott Site Plan <br />Review.doc <br /> <br />Page 2 of7 <br />