Amended ordinance would allow residents living on busy roads to construct higher fences

BY KASSIE PETERMANN SUN FOCUS

To allow for more discussion, Blaine City Council members have postponed the second reading of an ordinance amending a code to regulate residential fences.

The possible zoning code change would allow homeowners who live along busy roads and highways the ability to increase the height of fences.

At the Aug. 7 City Council meeting, Community Development Director Bryan Schafer provided information about the proposed amended ordinance.

Currently, residential zoning doesn't allow homeowners to construct rear yard fences more than 6 feet in height.

"We're getting more and more requests for types of screening that would reduce noise or visibility of cars and lights," said Schafer. "The current ordinance at six feet-for most people that doesn't work for them."

He added that commercial and industrial properties have had the ability to construct taller fences for years.

The zoning amendment, which was unanimously approved by the Planning and Zoning Commission, would allow rear yard and corner side yard fence heights between 6 and 10 feet, with the city's issuance of a conditional use permit (CUP).

Schafer explained the CUP process could establish standards for fences, which would maintain consistency. The City Council would approve the design, location, materials and height of fences.

The CUP process could also allow multiple property owners along a county, state or federally designated road frontage to work together on a single CUP application.

According to Schafer, areas where the City might expect to receive CUP applications for taller fences include 125th Avenue, Radisson Road, Lexington Avenue, 109th Avenue, and Sunset Avenue.

Councilmember Mike Bourke asked Schafer if the City could designate two or three fence designs for residents who apply for a CUP.

Schafer said that under the current ordinance the City doesn't have the regulatory ability to tie one fence permit into another, but design could be regulated with taller fences.

Councilmember Kathy Kolb said she attended a National Night Out party on the north end of Radisson Road where the fence issue was discussed.

She said those residents stated that uniformity is important with taller fences. "It does significantly impact property value if there is an irregularity from neighbor to neighbor," said Kolb.

Residents also suggested the implementation of a maintenance plan and expressed interest in an assessment option where they would pay for related costs.

"If we set up a program where we could allow residents to petition to have the City build and assess for [a fence], does this ordinance allow for that?" asked Councilmember Dave Clark.

Schafer said an assessment option would involve the development of a "substantially different program."

"They are two separate issues," he said. One poses the question of what can a private property owner do on their property, and the other asks what is an agency willing to do in the public right-of-way.

Schafer added that the City has not selected a fence standard at this point in time because there are multiple ways of constructing a fence.

"People on Sunset [Avenue] might approach it differently than people on Main Street," Schafer said.

Clark then questioned if the first person in the door sets the standard.

"It's a difficult issue," said Schafer. "Because of the expense involved, I would expect that there would be some collaboration and discussion.

"This is not walking into Home Depot...this is a major, major expense."

Schafer added that a structural engineer would have to sign off on the plans.

Bourke said he is concerned about the quality of maintenance and the integrity of neighborhoods concerning the design of new fences.

"I think the community will come together on what they want long before we'll have any impact on it," said Bourke.

Kolb suggested postponing the second reading of the ordinance if questions can't be answered and a clear decision can't be reached.

"I'm going to vote in favor of having taller fences, but I want to make sure we're agreed on the process we're going to use going forward," said Clark. "I prefer to let the neighbors have a stronger voice in what's going to go up."

The second reading of the ordinance scheduled for Aug. 21 was postponed.

Schafer told Sun Focus the council wants to further discuss the best way to deal with fencing along county roads and other options that are available.

Discussion is expected to take place at a council workshop in September or October.

Councilmember Mike Bourke asked Schafer if the City could designate two or three fence designs for residents who apply for a CUP.

Schafer said that under the current ordinance the City doesn't have the regulatory ability to tie one fence permit into another, but design could be regulated with taller fences.

Councilmember Kathy Kolb said she attended a National Night Out party on the north end of Radisson Road where the fence issue was discussed.

She said those residents stated that uniformity is important with taller fences. "It does significantly impact property value if there is an irregularity from neighbor to neighbor," said Kolb.

Residents also suggested the implementation of a maintenance plan and expressed interest in an assessment option where they would pay for related costs.

"If we set up a program where we could allow residents to petition to have the City build and assess for [a fence], does this ordinance allow for that?" asked Councilmember Dave Clark.

Schafer said an assessment option would involve the development of a "substantially different program."

"They are two separate issues," he said. One poses the question of what can a private property owner do on their property, and the other asks what is an agency willing to do in the public right-of-way.

Schafer added that the City has not selected a fence standard at this point in time because there are multiple ways of constructing a fence.

"People on Sunset [Avenue] might approach it differently than people on Main Street," Schafer said.

Clark then questioned if the first person in the door sets the standard.

"It's a difficult issue," said Schafer. "Because of the expense involved, I would expect that there would be some collaboration and discussion.

"This is not walking into Home Depot...this is a major, major expense."

Schafer added that a structural engineer would have to sign off on the plans.

Bourke said he is concerned about the quality of maintenance and the integrity of neighborhoods concerning the design of new fences.

"I think the community will come together on what they want long before we'll have any impact on it," said Bourke.

Kolb suggested postponing the second reading of the ordinance if questions can't be answered and a clear decision can't be reached.

"I'm going to vote in favor of having taller fences, but I want to make sure we're agreed on the process we're going to use going forward," said Clark. "I prefer to let the neighbors have a stronger voice in what's going to go up."

The second reading of the ordinance scheduled for Aug. 21 was postponed.

Schafer told Sun Focus the council wants to further discuss the best way to deal with fencing along county roads and other options that are available.

Discussion is expected to take place at a council workshop in September or October.