10-08-2001 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY. Scptcmbrr 24,2001 mUllGS MkluMi MHi Jeamit McCklUad, Coatiascd) White slated the har *Uiip needs to be able to be defended by the City, uith other issues outside of topography bcin^ considered as a hardship. Moorse stated if a visual bliglU is cited, the specific hardship could be identified in the resolution. Gaffron stated all these pieces together create a hardship ratlier than one particular item. White moved, Petenon seconded, to approve and adopt RESOLUTION NO, 4694, a Resolution granting variances to permit a lii foot privacy fence to be constructed within the 50 foot side yard adjacent to the street setback where a 3.5 fool fence b permitted for the property' located at 2170 Minnetonka Avenue, with the understanding the ^Hnbhed** side of the fence will face outward. Nygard stated in his s kw the Council is treading on dangerous ganind by considering a \ isual hardship. Nygard stated the biggest hardship in his view is the side street yard situation. Nygard stated while a thm-foot fence is allowed in a side street yard, a six fool fence is allowed in a side yard. Mayor Peterson stated this fence has existed for the past 20 years, with the visual impact not being included in the resolution. Peterson stated people are allow^ a six-foot fence within a side yard. Gaffron stated he is not entirely convinced dial v isual issue is not a hardship gi\en the circumstances. White stated in his view this is a unique situation given the location of the property. Smith stated it was a concern of the Planning Commission that considering v isual blight could be setting a precedent. Flint stated he does not have a problem with the application, noting the Applicant only intended to remove the fence for a lemporao period of time. Flint stated technically there is not a dev elop^ street in this area, so that the side street yard is functioning as a side yard. Ny gard stated the focus of the discussion is that the fence did exist, and that the side street y ard is functioning as a side yard rather than focusing on a visual blight. VOTE; Ayes 5, Nays 0. •(^7) lfOl-2709 RICHARD R. SHULL, 2285 FRENCH LAKE ROAD - VARIANCES - RESOLUTION NO. 4695 Flint moved, Sanievcre irconded, to approve and adopt RESOLUTION NO. 4695, a Reiolutlon granting variances to permit the construction of a tw o-slall garage to the cast end of the residence and n new entryway over exbtiag steps for the property located at 2285 French Lake Road. VOTE: Aycs5,Naya0. PAGE 17