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• I <br />1 <br />TO: <br />PROM: <br />DATE: <br />Mayor and City Council <br />Mark Bernhardson, City Administrator <br />June 5, 1985 <br />SUBJECT: Height of Fence Within 75 Feet Lakeshore Lot <br />In reviewing rules regarding the height of fences as they relate <br />specifically to the current fence on the Rovegno property, the <br />Zoning Ordinance indicates the following: <br />SECTION 10.22. <br />Residential Districts. <br />Regulations for One Family Lakeshore <br />Subdivision 1. Lakeshore Set Back Regulations. The set <br />back from the shoreline for lakeshore lots shall be at least 75 <br />feet and no building, fence or wall ovar forty-two inches but not <br />in excess of seventy-two inches in height above original grade <br />may be located closer to the shoreline than the average distance <br />from the shoreline of existing residence buildings on adjacent <br />lots. <br />The Zoning Ordinance can be interpreted either as: <br />A. Prohibiting everything within 75 feet and nothing <br />higher th»?;n 3 1/2 feet between the 75 feet end the <br />average setback or. <br />B.That anything up to 3 1/2 feet is permitted within <br />the 75 feet but that nothing higher than that within <br />75 feet or the average setback which ever is <br />greater. <br />Based on review of our practice we have apparently permitted <br />without variance (we were unable to locate any such variance back <br />to 1975) fences up to 3 1/2 feet within the 75 feet. Given the <br />question raised as to interpretation regarding the Ordinance <br />coupled with our past practice in relationship to this issue, <br />staff is requesting the clarification on that matter. Basing the <br />interpretation on past practice would suggest that we permit up <br />to 3 1/2 feet within the 75 feet or average* setback. <br />(Additionally Section 10.03 Subdivision 15 regarding <br />nonencroachments has been understood to apply although it states <br />it applied to yard requirements which appear to be items separate <br />from setbacks in Orono’s code.) <br />It's been indicated that if 3 1/2 feet is the standard within 75 <br />feet, the owner of the property in question will reduce the size <br />of his fence to that coupled with taking care of any public <br />safety problems as it relates to location of that 3 1/2 feet. <br />• ^