7A, PC 09-024 - Appeal Fence at 1777 Glenview Avenue

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height of the fence exceeded six feet. They also sta.ted that the �nished side of the fence did not face their property, but rather the Maloney's. They requested that Staff conduct a site inspection on the fence as soon as possible. Staff spoke with Mr. and Mrs. Maloney and the person constructing the fence and visited the property that afternoon. After a visual inspection of the construction method of the fence Staff became satis�ed that the fence would look the same on both sides when it was completed. Additionally, Staff determined that the height of the fence panels did not exceed six feet and that the fence panels were placed as near to the ground as was possible given the natural undulation of the topography. On September 18, 2009, Mr. and Mrs. Schneider requested that the Community Development Director and the City Administrator visit the site to determine if the fence met the requirements of the Zoning Code. The Building Of�cial also accompanied them on the visit. The Building Of�cial determined that the fence materials were of a high quality cedar and that both sides of the fence panels were constructed of rough sawn cedar boards. At that visit, Staff determined that there was no discernable difference between the two sides of the fence such that one side could be determined to be the front versus the back. Additionally, Staff concurred with the earlier interpretation that the height of the fence panels did not exceed six feet and that they were placed as near to grade as possible. This was in keeping with how the Zoning Code has been implemented in the past. Staff also noted that the portions of the footings that had encroached over the property line had been removed and the dirt raked back onto the Maloney's property. Staff did note on this visit three boards facing the Schneider's yard that had some sort of a stain on them. Staff asked the contractor to replace these three boards and he agreed. There is some slight natural variation in the wood color, but all of the boards will turn to a gray color over time. All of the fence boards have a"rough cut" finish on both sides, but there are no treatments to either side of the wood. Staff informed Mr. and Mrs. Schneider of the appeal process and deadlines for submitting application materials. On December 4, 2009, Staff received a request from Mrs. Schneider to view the fence once again in its completed state. On December 10, 2009, James Lehnhoff, Dave 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 B). Recommendation The Planning Commission reviewed the appeal at their January 6, 2010, meeting and unanimously recommends denial of the request to overturn Staff s decision that the fence meets the requirements of the Zoning Code. Requested Action City of Arden Hills City Council Meeting for January 25, 2010 IlAhdocsllcch IAHdatalPlanninglPlanning Cases12009109-024 Schneider Appe�zl (PC Denied)101-25-10 - Regular Meeting - Memo - Appeal.doc Page 2 of 3