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Application Date: <br />Deadline: <br />8/17/01 <br />10/16/01 <br />TO:Chair Hawn and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM:Paul Weinberger, Zoning Administrator/Planncr <br />DATE:September 5,2001 <br />SUBJECT:#01-2708 Michael and Jeanic McClelland <br />2170 Minnetonka Avenue <br />Variance * Public Hearing <br />Zoning Dbtrict:RR-IB, One Family Rural Residential <br />List of Eibibits <br />A <br />B <br />C <br />D <br />E <br />F <br />G <br />II <br />Application <br />Survey <br />Plat Map <br />Staff Letter (July 25, 2000) <br />Staff Letter (July 10, 2001) <br />Site Photos (New Fence) <br />Photos (Removed Fence) <br />Property Owners Notification List <br />Review of Request Applicants have requested variances to permit a 6 foot fence to be located in <br />a defined side-street yard where no fences over 3 Vi feet in height are permitted. A 6 ’ fence was <br />constructed last year to replace a fence that had existed on the property line. The City had notified <br />the property owners the fence could not be replaced in the existing location because the fence was <br />non-conforming due to the 6 foot height in a street yard. In addition the fence was constructed <br />partially in the right of way. The notice alerted the property owners the fence would be required to <br />be removed from the right of way and if the 6 foot fence would be built on the property line they <br />would need a variance. <br />The Municipal Code permits fences as a non-encroachment within required yard areas, however the <br />height of a fence can not exceed 3 '/j feet if located in a street yard. The applicants property is <br />defined as a comer lot w ith two street yards. Properties in the RR-1B zoning district have a required <br />setback of 50 feet to the property lines. A 6 foot fence could be constructed but only it constructed <br />50 feet from the property line. ________________________________ <br />iOl-2708 Micluitl and Jeanie McClelland <br />2170 Minnetonka Avenue <br />9/17/01 <br />Page I of 3 <br />I iru