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LA18-000087 <br /> 11/19/2018 <br /> Page 3 of 3 <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The applicant has stated this to be true. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals,or in any other respect be contrary to the intent of this chapter.The applicant <br /> has stated this to be true. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty.The applicant has stated this to be true. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Staff finds the request to be reasonable.While not a county road or state highway, Ferndale Road <br /> is a busy street that connects Orono to Wayzata's downtown area. Our Code allows for a 6 foot <br /> fence in this location if the home was located on the major thoroughfare such as a county road or <br /> state highway. The shape of the lot is also unique compared to its neighbors in the shape and <br /> location of the principle structure sitting close to the right of way where separation could improve <br /> safety conditions for the property. <br /> Public Comments <br /> To date, no public comments have been received. <br /> Issues for Consideration <br /> 1. The Planning Commission should discussion the intent of the fence setbacks to determine <br /> if the proposed fence location is in harmony with the intent of the Ordinance. <br /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. If the Commission does not feel that the standards for variance have been adequately <br /> met, they could consider directing an amendment to the fence regulations. <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> The Planning Commission should discuss the proposed questions provided by staff. If the Planning <br /> Commission supports the proposed findings a MOTION to recommend approval is supported. <br /> List of Exhibits <br /> Exhibit A. Application <br /> Exhibit B. Practical Difficulties Documentation Form <br /> Exhibit C. Proposed Site Plan <br /> Exhibit D. Site Photos <br /> Exhibit E. Property Owners List and Map <br />