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December <br />TO: <br />FROM: <br />24, 1976 <br />Members of the Council <br />Councilman Paul Hardt <br />RE: Fence Ordinance <br />Members of the council will recall that earlier this year we were <br />confronted with the case of a couple who, for reasons of privacy, wanted <br />to erect a fence on their property. The Pisanskys had been troubled with <br />neighbors, and, as most of us would do, they decided to erect a fence. <br />They discovered the confusing section in our code on fences, and went <br />away with a bitter taste in their mouths. The council at that time was <br />aware that the Planning Commission had been investigating this matter, but <br />had not made any recommendations on fences. In light of this situation, <br />I decided. to investigate the background of the Planning Commission's <br />investigation, and come up with a possible recommendation. <br />Relevant Code <br />The relevant sections of the code are Section 2-720 "Yard, Front," <br />which defines a front yard as "An area bounded by the front lot line, <br />the side lot lines, the walls of the principal structure facing the front <br />lot lines, and the shortest possible imaginary lines drawn to the side <br />lot lines from the two front corners (closest to the side lot lines) of <br />the principal structure." A drawing, Section 2-820, accompanies this <br />description in the code. <br />The other relevant section is Section 13-050 "Fences." Besides <br />speaking to the issues of construction, definition of a fence, fences in <br />industrial sections, and placement of barbs on cyclone fences, this <br />section delineates the limits of heights for fences on various side, <br />back, and front property lines. These limits are: <br />f. In any part of New Brighton zoned residential, no boundary line <br />fence shall be erected or maintained more than 32 feet in <br />height excepting <br />1. Fences on any corner lot erected within 30 feet of the <br />intersecting curb line shall be subject to Section 13-060 <br />(no obstructions of a public street). <br />2. Fences on side property lines shall not be more than <br />6 feet for the distance commencing with the point on such <br />side property line located at the rear lot line and <br />proceeding thence along such said property line to a point <br />