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12-10-2001 Council Packet
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12-10-2001 Council Packet
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F. The fence would replace an existing fence located 27* from the property line, <br />and would provide privacy screening for the back yard of the house. <br />O. The lot is a 1/4 acre property located in a 2 acre zoning district requiring 50* <br />setbacks for fences greater than 6’ in height located adjacent to a street <br />property lines. The property is a comer lot where construction of a 6* privacy <br />fence would require the fence to be constructed over an area of the property <br />where it could not provide screening for the back yard area of the house. <br />5. The City Council finds that the conditions existing on this property are peculiar to it <br />and do not apply generally to other property in this zoning district; that granting the <br />variances will not adversely affect traffic conditions, light, air. nor pose a fire hazard <br />or other danger to neighboring property; would nut merely ser\ e as a con\ enience to <br />the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to presets e a substantial property right of the applicant; and would be in <br />keeping w ith the spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />6 The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City Staff, comments by <br />the applicant and the effect of the proposed variances on the health, safety and <br />welfare of the community. <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings. tl.c Orono City Council hereby grants <br />variances to Municipal Zoning Code Section 10.03. Subdivision 9 (D), Section 10.03. Subdivision <br />13, and Section 10.28. Subdivision 5 (U) to permit construction of a 24* X 28 detached garage 10' <br />from the side yard adjacent to the street (south) property line where 50' is required, and 5* from the <br />rear property line where a 10’ setback is required; and to Section 10.03, Subdivision 15 (C) to pemiit <br />construction of a 6’ fence 15' from the side yard adjacent to the street (south) property line, where <br />a 3 Vi fence is permitted subject to the following conditions: <br />1. The property shall be developed in conformance w ith the site plan attached hereto as <br />Exhibit A. <br />2. The fence shall be constructed a minimum of 20* from the south property line to <br />provide one (1) outdoor, on-site parking space in accordance with the attached site <br />plan. <br />Page 3 of 6
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