09-24-2001 Council Packet - Laserfiche WebLink

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c. A 6* fence was constructed in 2000 to replace a 6' fence that had existed on the property line. The City had notified the property owners the fence could not be repbeed i;t the existing location because the fence wa«: non conforming due to the 6 foot height in a street yard. Fences arc not pennitted to encroach into the public right of way. The variance application does not include a request to locate the fence otT the property. Ilte Municipal Code permits fences as a non-encroachment within required yard areas, however the height of a fence con not exceed 3 '/i feet if located in a street yard. The applicants property is defined as a corner lot with iwo street \ards. 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 property line. 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 arc no plans by the City of Orono to extend or further develop the Minnetonka Avenue. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely alTect tralTic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary ’ to alleviate a demonstrable hardship or Jifiiculty; is necessary to preserve a substantial property light of the applicants; and wou'*' be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5