08-19-1985 Planning Packet - Laserfiche WebLink

Home Browse Search

Zoning File #950 August 13, 1985 Page 3 of 4 Planning Commission is asked to determine the true intent of the current amendment of Section 10.03, Subdivision 15 (C). If the final approved form of the amendment appears now ambiguous, remember what we were attempting to resolve during the amendment process. 31.433. Fences which do not exceed 3-1/2 feet in height, fences not over 6 feet in height along the front lot line of lake frontage lots which front on a major thoroughfare, terraces, steps, uncovered porches, stoops or similar structures, which do not extend • .ve the height of the ground floor level of the principal building anoi extend to a distance of not less than 2 feet from any lot line. Per our own code and the State Supreme Court, a lakeshore lot does not have a front yard or a front lot line. A lakeshore lot has a lakeshore yard or lakeshore lot line and a rear yard or street lot line. 78. "Yard, Lakeshore" - A yard lying between the natural ordinary highwater mark on the lakeshore and the required lakeshore setback line, for the full width of the lot. 79. "Yard, Rear" - A yard lying between the required rear yard set back line and rear line of the lot, for the full width of the lot. On a lakeshore lot, the rear yard shall be the yard which fronts on the street lying between the street line of the lot and the required rear yard setback line. According to this interpretation the applicant's lot ard the many others that align North Shore Drive, Shoreline Drive, Bayside Ro.i, etc. do not have rear yards along street lot line. These are unique lots with special concerns that need to be addressed in a code amendment providing a definition and special standards for their use. If you remember during the review of the Norris application on Stubbs Bay, Council recognized the need for special consideration for these lake- shore properties advising limits on the use of the newly created riparian tracts dividied by County Road 84 - no structures except for lock boxes and new fences limited to 3-1/2 in height. In the draft of the new amendment, staff proposed lock boxes without Council approval for such lots. Staff also must call attention to Section 10.03, Subdivision 14 & 15 that deals with structures allowed to encroach on special yard require ments. We have no special yard requirements for residential lots, only commercial. Legally, setback standards per Section 10.22 apply to all construction for residential lakeshore lots. Our proposed amendment should probably be amended to include either yard requirements for residential properties or amend Subidivision 14 & 15 to read non-encroachment on residential setback standards. Planning Commission is asked to consider an amendment of the code that would allow privacy fences (not to exceed 72 inches) within the lakeshore yards of lakeshore lots divided by major thoroughfares. r :1