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r <br />MimiTBS OF THE PLANNING CONNISSION NESTING OF NAY 21, 1984.PAGE 7 <br />#832 HARRIET BSBL Art Burton» owner of 405 Oxford Road# stated that the <br />intent of the berming and filling was to bring the land <br />in line with the County Road. Burton stated that <br />Bayside Road is a heavily traveled road and that lights <br />do shine into the windows at night. Burton stated <br />that the fence was constructed for privacy reasons <br />also. Burton stated that the intent of the fence was <br />not a malicious one. <br />Zoning Administrator Mabusth read a section from the <br />Municipal Code relating to grade changes in the non­ <br />encroachment fence section as follows: <br />"Fencesr which do not exceed 3 1/2* in height; fences <br />not over 6* in height along the front lot line of lake <br />frontage lots which front on a major thorofare.. .which <br />do not extend above the height of the ground floor <br />level of the principle building and extend to a <br />distance of not less than 2* from any lot line." <br />Rovegno asked what the original grade was before <br />construction was started. <br />Harriet Hehl stated that the grade was changed before <br />the fence was constructed. <br />Don Streeter stated that it seems that the City <br />Ordinances in regard to height of fences can be <br />circumvented if you can afford to do it. Streeter <br />stated that he doesn't feel that was the intent of the <br />ordinance but yet this is what has happened. Streeter <br />stated that the grade was raised, berming took place, <br />and then the fence was constructed. <br />Rovegno noted that the code specifically doesn't refer <br />to grade changes when dealing with fences along major <br />thorofares because the intent of that section was to <br />shield or provide privacy from heavily trafficked <br />roads. A 6' high fence may not work if additional <br />grading or fill is not allowed. Rovegno asked when the <br />construction of the fence took place. <br />Deanovic stated that it was approximately 6 months <br />after the berming. <br />Richard Melby of 240 Crestview Avenue stated that the <br />fence blocks off the view and breeze of the lake for all <br />the neighbors. <br />Emery Smith of 3420 Bayside Road asked how a fence like <br />that ever got constructed above grade like it is. Smith <br />stated the there was a lot of fill that was put on the <br />property and then the fence put on top of that. <br />I