09-20-2004 Planning Packet - Laserfiche WebLink

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£: CITYof OROXO RESOLUTION OF THE CITY COUNCIL NO. 4 6 9 4 A 6' fence was consinicted in 2000 lo replace a 6' fence (hat had existed on the propeny line. The City had notified the property owners the fence could not be replaced in the existing location because the fence was nen- cctifonning due to the 6 foot heigh: in a street yard B.Fences are not pcrmir.ed to encroach into the public right-of*wa>. The variance application does not include a request to locate the fence off the property The Municipal Code permits fences as a r.on-er.croachmenl wi’Jun required yard areas, however the height of a fence cannot exceed 3 ' • feet if located in a street yard The applicants’ propeny is defined as a comer lot with two street yards. Properties in the RR-IB zoning district have a required setback of 50 feet to the property lines. A 6 foot fence could be constructed but only if constructed 50 feet from the propeny line. E.The fence is located adjacent to a street that is partially undeveloped. The Minnetonka Avenue right-of-way separates the applicants’ lot from an adjacent lot to the south. There are no plans 'oy the City of Orono to extend or further develop Minnetonka Avenue. The City Council has made the following findings to suppon a hardship to permit replacement of a 6’ fence along the south propeny line The fence is replacing a fence that had been located along the propeny line for many years. The fence received damage when a tree had fallen and destroyed several panels of the preexisting fence B.The fence is located adjacent to a street that is panially undeveloped and not open to vehicle traffic. The Minnetonka A\cnuc right-of-way separates the applicants’ lot from an adjacent lot to the south and the right-of-way functions the same as an interior lot line. Page 2 of 5