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Scherbel, and Meagan Beekman conducted a site visit and met with Mr. and Mrs. Schneider. At that time Staff maintained the previous decision that the fence met the requirements of the Zoning Code and explained to Mr. and Mrs. Schneider how to submit an appeal. Their application request for an appeal of Staff's decision is attached (Attachment Q. Zoning Code Section 1325.05 Subd 4D, the City's fence regulations, states as follows: Section 1325.05 Subd 4D 1. Height of Fences in Side and Rear Yards. Fences in side or rear yards may not exceed six (6) feet in height in all residential districts. Fences may be up to six (6) feet in height if placed in the secondary front yard of corner lots in residential districts provided that the fence does not exceed three (3) feet in height within the structure setback of the primary front yard and the fence does not encroach on the clear vision area. 4. Placement of Fences Along Lot Lines. Fences may be placed along lot lines provided no damage of any kind results to the abutting property. 5. Direction of Fence Facing. That side of the fence considered to be the face (facing as applied to fence posts) shall face toward adjoining property. In the past, Staff has interpreted the Code to mean that the height of the fence is the height of the fence panels themselves, placed as near to grade as is practical. Fence panels typically come in three, four, and six foot heights and it is common practice to install them above the ground, rather than in the ground due to rotting. Staff has historically used a common sense approach that allows installers to place fences above the grade itself to prevent rotting of wood, provided that the fence is as near to grade as is possible or reasonable. Fences can be placed up to but not extend over any property lines. Staff generally recommends that home owners install the fence a foot or two into their own property so that the fence can be installed and maintained without trespassing onto neighbors' property; however, the Code does not require this. In most cases the fence is a mutual benefit to both property owners and neighbors generally don't mind having the fence right on the property line. In terms of "damage to abutting property", Staff has historically interpreted this to mean permanent damage, meaning that If damage occurs the fence installer must remedy it to the satisfaction of the abutting property owner. It is very common for communities to require the "finished", or "face" of the fence to face towards abutting properties. Because of this common regulation, many fences are designed or premade to have the same face of both sides. At the time of Mr. and Mrs. Maloney's application City of Arden Dills City Council Meeting for Januaiy 6, 2010 1 Wetro-inet. us 1 aj denhills Planning Planning Cases 12009109-024 Schneider Appeal (Pend ing) W l -10-09 -PC Report Schneider Appeal. doc Page 3 of 5