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" AppUoilioa Dale: <br />Deadliac: <br />8/17/01 <br />10/16A11 <br />REQUEST FOR COUNCIL ACTION <br />COlAtrn mpTONG <br />SEP 2 4 2001 <br />CITY OF OHv>r»U <br />DATE: September 18.2001 <br />ITEM NO.: (l^ <br />DcpartBcot Approval: <br />Name Paul Weinberger <br />Title Zoning Administrator <br />Admiabirator Reviewed:Agenda Scclkm: <br />Zoning <br />Item Dmcriplion: ii0l>2708 Michael and Jeanie McClelland <br />2170 Minnetonka Avenue <br />Variance <br />Zaainf DbtricI: <br />Lbt of Exhibits: <br />RR-IB Two acre rural residential <br />A Resolution <br />B Site Plan <br />C Planning Report (September 5. 2001) <br />Application Summar>': <br />Applicants have requested variances to permit a 6 foot fence to be located in a defined side-street yard where <br />no fences over 3 feet in height are permitted. A 6‘ fence was constructed last year to replace a fence that <br />had existed on the property line. The City had notified the properly owners the l^nce could not be replaced <br />in the existing location because the fence was non-conforming due to the 6 foot height in a street yard In <br />addition the fence was constructed partially in the right of way. The notice alerted the property owners the <br />fence would be required to be removed from the right of w ay and if the 6 foot fence wou'd be built on the <br />property line they would need a variance. <br />The Municipal Cixle permits fences as a non-encroachment within required yard areas, however the height <br />of a fence can not exceed 3 '/»feet if located in a street yard. The applicants propert\ is defined as a comer <br />lot with two street yards. Properties in the KR-IB zoning district have a required setback of 50 feet to the <br />property lines. A 6 foot fence could be constructed but only if constructed SO feet from the property line. <br />Planniag Commissioa RecommcndalioD <br />Planning Commission recommended approval by a vote of S to 2 to recommend approval of the application <br />to permit the fence height variance. It was the minority opinion of the Plarming Commission that no apparent <br />hardship was found to allow a 6' fence to be located in the side street setback. The recommendation is <br />subject to the conditions the fence shall be reconstructed with the finished side (finished side is the side of <br />the fence without exposed structural supports) facing outward or to the south of the property line and the <br />fence shall be constructed entirely on the property.