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LA18-000071 <br />September 17, 2018 <br />Page 2 of 5 <br />The applicant proposes a 54 inch tall fence along North Shore Drive and along the west property <br />line, ending approximately 12 feet from the rip rap at the shoreline. The is an existing fence <br />roughly 42 inches in height which runs along the west property line from the street to 12 feet <br />from the rip rap at the shoreline. <br />Fences in the yellow highlighted in the graphic above may be 72 inches high. Fences in the <br />green areas are permitted to be 42 inches in height (an increase of 12 inches over code <br />allowances. Fences in the purple areas are not permitted, as they are located in the lake yard. <br />LOT ANALYSIS WORKSHEET <br />Section 78-305- Setbacks: <br />DISTRICT LR -1A Required <br />Proposed <br />Lakeshore 75' <br />1 12' <br />Average Lakeshore The fence is proposed to be 54 inches where 42 inches is <br />permitted. <br />Applicable Regulations: <br />Nonencroachments (78-1405 <br />b. Lakeshore lots. <br />1. Fences within the reauired street (rear) vard or side street vard of a lakeshore lot <br />shall not exceed 42 inches above existing ground level. Exception: A fence not exceeding <br />six feet in height may be located along the street lot line of a lake frontage lot which <br />abuts a major thoroughfare. A major thoroughfare for purposes of this section means <br />any county road or state highway. If such fence involves fill or berming, the total <br />combined height of both fence and fill shall not exceed six feet above the height of the <br />crown of the major thoroughfare. <br />2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in <br />height, and shall not exceed 42 inches in height for any portion located lakeward of a <br />line drawn between the most lakeward prosection of the fence owner's principal <br />residence structure and the most lakeward proiection of the principal residence <br />structure on the adjacent property abutting the side yard in which the fence is located. <br />3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, <br />i.e., shall not be located within 75 feet of the shoreline for general development lakes, <br />100 feet for recreational lakes, or 150 feet for natural environment lakes. <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br />on values of property in the surrounding area. The Planning Commission shall consider <br />recommending approval for variances from the literal provisions of the Zoning Code in instances <br />where their strict enforcement would cause practical difficulties because of circumstances unique <br />to the individual property under consideration, and shall recommend approval only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br />Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br />