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to the City it was indicated to Staff that this would be the case. Based on visual inspections of <br />the fence while it was under construction and once it was completed Staff determined that the <br />fence was the same on both sides and that it was not possible to determine a front or face versus <br />a back of the fence. <br />Permit Review Process <br />All fence installations in the City require a Zoning Permit. The City Planner reviews and <br />approves all Zoning Permits. when a property owner applies for a fence permit they are <br />required to submit a completed zoning permit form, appropriate fee, and site plan of where the <br />fence is to be installed on the property. They are then informed of the City's Zoning Code <br />requirements. If, once the fence is installed, a final inspection shows that the fence was not built <br />according to the City's Zoning Code regulations, the fence must either be removed or correct so <br />that it meets the requirements of the Zoning Code. <br />Mr. and Mrs. Maloney made an application for a fence permit in June of 2009. Mr. Maloney <br />pulled the permit himself. The City does not require that licensed contractors install residential <br />fences. According to the Building Official either a homeowner or a contractor can pull a permit. <br />Contractors must be licensed; however, homeowners do not. If a homeowner pulls a permit they <br />take on the liability of the project, it does not mean that they are personally required to do the <br />work. As part of the application Mr. Maloney provided to the City a completed Zoning Permit <br />application, which stated that a six foot high wooden fence was to be built; the required fee; and <br />a site plan that indicated where the fence was to be installed. The City does not require <br />certificates of survey to pull a fence permit. It is the responsibility of the person who pulls the <br />permit to ensure that the fence does not encroach onto abutting properties. Residents are <br />informed of this at the time the permit is issued. Mr. Maloney indicated that he had a licensed <br />surveyor come to his property and find or replace the property monuments. He also provided an <br />aerial map of his property and documentation of the irregular subdivision that had occurred <br />between his and Mr. Schneider's property in 1976. <br />Mr. and Mrs. Maloney's application for a zoning permit, and issuance of that permit, was typical <br />of the dozens of zoning permits that are issued by the City annually. <br />Recommendation <br />The Planning Commission is being asked to determine whether or not the fence that was <br />constructed at 1777 Glenview Avenue meets the requirements of the Zoning Code or whether it <br />is in violation, and if so, what aspect of the Code has been violated. 1f the fence is found to be in <br />violation of the Code the fence with either need to be removed entirely or more likely corrected <br />so that those aspects of the fence that are in violation are brought into compliance with the Code. <br />The City is not being asked to make a determination on the aesthetic value of the fence, the <br />City ofArden Hills <br />047 Council Meeting for January (, 2010 <br />I ilVletto-itiet.us iaydenhillslPlanninglPlanning Cases12009W9-024 Schneider Appeal (Pending)W-10-09 -PC Report Schneider Appeal.doc <br />Page 4 of 5 <br />