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~' ,- REQUEST FOR CITY COUNCIL ACTION DATE: 1/10/2000 ITEM NO: F-2 Department Approval: ~ID .. tern escnptlOn: Manager Approval: ~~ Agenda Section: Reports/Recommendations Lexington Avenue Fence Construction - 2204 Lexington Ave (98-108) {?P-3/B( 1.0 Requested Action City staff is requesting the approval to construct a privacy fence between the single family property at 2214. Lexington and the multi family apartment at 2204 Lexington Avenue. The Roseville Housing Fund would be used to resolve a 30-year code violation and disputed variance. Use of Housing Funds for this purpose is consistent with Roseville's Borders and Buffers Program which attempts to buffer or screen pre-existing uses that may otherwise be incompatible neighbors. 2.0 Background 2.1 When the Lexington Apartments, located at 2204 Lexington Avenue, were constructed over 40 years ago the code required screening between the parking areas and adjoining residential properties. The requirement was to be satisfied at the time by approval by the placement of garages along the east side of the apartments and a fence along the north side. The garages were never built but a fence was constructed along the east side only. 2.2 The City has received several complaints from the adjacent single family property owners over the years regarding problems with noise, headlights and garbage blowing from the apartments onto their property. There is a grade difference between the property lines that cause the natural flow of blowing debris to be deposited into the single family residence back yard. A privacy fence would alleviate these problems. 2.3 Staff has records dating back to August of 1988 requesting that screening be provided in compliance with the City Code. The screening fence was still not constructed after repeated efforts by City staff to the original property owners. The apartment building was also sold to new owners. Court action was taken by the City to require the property owner to construct the fence in compliance with the code but was denied by the Court under the premise that the requirement should have been enforced 40 years ago. 2.4 The City housing program has a strategy to provide adequate buffering between residential properties and commercial and/or multiple dwelling properties called the Borders and Buffers Program. This program was included in the 1998 update to the Comprehensive Plan. As an example, the program was used to provide a screen between Advance Circuits and the Oasis Park neighborhood to the north. Funding for the Borders and Buffers Program comes from the City Housing Fund. RCA - Lexington Fence request 01/10/00 - Page 1 of2