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Page 9 <br />ESOLUTION #1335* <br />710 Walter’s Port <br />m <br />UBDIVISION <br />025 Brown Road North <br />626 <br />:harles Van Eeckhout <br />i »(l <br />)NDITIONAL USE PERMIT <br />>9 Minnetonka High- <br />inds Lane <br />>56 <br />Lchard Speeter <br />f <br />rARIANCE <br />1015 Dahl Road <br />Steve Coddon <br />-t' <br />« <br />-7j <br />iMU <br />iAl. <br />•V <br />' <1 <br />• ' <br />TO: <br />FROM: <br />DATE: <br />The Board of Appeals <br />Jeanne A. Nabusth, Zoning Administrator <br />May 17, 1984 <br />SUBJECT #832 Harriet Hehl, 3348 Bayside Road - Appeal of an <br />Administrative Interpretation of the Pence Ordinance <br />Planning Cowiission Action — As Board of Appeals you are to make a <br />recommendation to Council concerning staff's interpreta­ <br />tion of the pertinent sections of the ordinance. <br />Pertinent Sections <br />1- Section 10.03, Subdiv. 15 (c) - Fence of 6 feet height - located along <br />County Road 84 (Bayside Road) considered a major thorofare. <br />2- Section 10.03, Subdiv. 15 (f) - Accessory structure must be no <br />"closer than 10 feet from any side lot line." <br />3- Section 10.22, Subdiv. 1 - No structure may be located within 75 feet <br />of the lakeshore - average lakeshore setback line only <br />refers to principal structures. <br />LIST OP EXHIBITS <br />Exhibit A <br />Exhibit B <br />Exhibit C <br />Exhibit D <br />Exhibit E <br />Exhibit F <br />ExhibiG <br />Exhibit H <br />Exhibit I <br />Exhibit J <br />Application <br />Petition <br />Property Owners List <br />Plat Map <br />Building Permit 4553 - 7-10-81 <br />Building Permit 5132 - 10-5-83 <br />Certificate of Occupancy <br />Septic Plan <br />Grading Plan (2 pages) <br />Staff Sketch - Fence Location <br />A building permit was issued to James Deanovik for 405 Oxford Road on <br />July 10, 1981. The enclosed grading plan (Exhibit I) dated 5-22-81 <br />was approved pr ior to the issuance of a building permit, as usual at the <br />the time the plan review was conducted. Note fence was never <br />designated on the site plan. On October 14, 1983, a certificate of <br />occupancy was issued to the new owner, Arthur Burton. Final grading <br />for the site was completed in early to mid summer after the septic <br />system was completed. At some point in late summer the owner <br />commissioned the construction of the tennis court and in early fall of <br />*83 the privacy fence. <br />Review of Fence Construction <br />Review Exhibit J, the 6 foot high privacy fence was constructed along