Laserfiche WebLink
<br />The applicant's did contact Ramsey County to determine if a fence could be built on the hillside <br />in the right-of-way going up to Lexington Avenue. A fence in the right-of-way would provide <br />significantly more privacy and likely negate the need for an eight foot high fence. <br />Unfortunately, Ramsey County does not permit private fences within their right-of-way. <br /> <br />The Zoning Code has a provision to allow deviations from the fence regulations through the site <br />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 necessity of <br />proving a hardship as is required in the variance procedure. The objective of this provision is <br />to improve the livability, appearance and security of properties and their relationships to one <br />another. <br /> <br />Since the Zoning Code has specific provisions for deviations from the normal fence regulations, <br />the variance evaluation criteria do not apply. <br /> <br />Findinl!s of Fact <br /> <br />The Planning Commission offers the following thirteen findings of fact for review: <br /> <br />L The proposed fence is eight feet high, which would exceed the normal six foot height <br />limit. An approved site plan review is required to construct the fence. <br />2. The average elevation of the subject property is approximately five feet below the <br />elevation of Lexington Avenue. <br />3. The slope up to Lexington Avenue is primarily located within the Ramsey County <br />right-of-way. Ramsey County does not permit private fences within their rights-of- <br />way. <br />4. Due to the elevation change between the property and Lexington A venue, a six foot <br />high fence would not be as effective at decreasing noise and pollution from Lexington <br />Avenue. <br />5. The proposed fence could meet all other requirements of the fence regulations in <br />Section 1325.05 Subd 4 ofthe Zoning Code. <br />6. The proposed fence would not impact traffic or parking conditions. <br />7. The proposed fence would likely reduce noise, glare, odors, vibration, smoke, dust, <br />and air pollution for the subject property without impacting Lexington A venue or <br />neighboring properties. <br />8. The proposed fence will not impact drainage or population density. <br />9. Given the proposed elevation of the fence and the existing elevation ofthe road, the <br />increased fence height is unlikely to have a negative visual impact on Lexington <br />Avenue or adjacent properties. The proposed fence would be compatible with other <br />fences along Lexington A venue that are used for privacy purposes. <br />\\Metro-inet.uslardenhills\PlanninglPlannmg Cases12007\07-01 J Scott Site Plan Review (PENDING)\051407 - CC Report ~ Scott Site Plan <br />Review.doc <br /> <br />Page 2 of4 <br />