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Pertinent Ordinance <br />Section 10.03, Subdivision IS (C): This section permits 3 Vi foot fences as a non-encroachment to <br />required yard setbacks. <br />Non Lakeshore Lots <br />Exceptions to the 3 ‘/i foot setback are permitted for fences located outside of front yard setbacks <br />and side yard adjacent to street setbacks (A fence up to 6 feet in height could be constructed within <br />the side yard setback and rear yard setback.) <br />Fence Location and Construction <br />The existing fence is required to be removed because it is in the right of way. After discussions with <br />City Staff the property owners were permitted to leave the fence standing until action is taken by the <br />Council on the variance request. The fence is located adjacent to a street that is partially <br />undeveloped. The Minnetonka Avenue right of way separates the applicants lot from an adjacent <br />lot to the south. There are no plans by the City of Orono to extend or further develop the street. <br />The original fence had the support posts and framing facing towards the north side of the fence (the <br />inside of the property). The new fence was constructed that exposes the “unfinished ” side towards <br />the street and neighbors. The existing code does not regulate the construction or materials for fences. <br />In an uttrelaled fence issue the Council has recently heard from a property owner that had concerns <br />with the City ordinance that unfinished sides of fences should not be exposed to the outside the <br />property. Council has requested a review of the existing ordinances pertaining to fences and <br />consider fence construction standards. If the property owners would construct a 3 '/i foot along the <br />property line there is nothing in the existing ordinances that would prohibit a fence from exposing <br />one side or the other towards a neighbor or the street. Because the fence requires a height variance <br />the visual impact of the unfinished side of the fence is greater on adjacent property owners and the <br />street. An issue for Planning Commission discussion is whether the side of the fence viewed by <br />adjacent properties and the street should be the finished side rather than unfinished side (exposing <br />six foot high support posts and framing). <br />Options for Planning Commission Action <br />A. Recommend approval. <br />B. Recommend denial, stating reasons. <br />C.Table. <br />Other action. <br />«0I-270S MichKi and leanie McCteUand <br />2170 Minnetonka Avenue <br />9/17/01 <br />Pafe2or3