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/D^ <br />TO:Chair Lindquist and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: <br />DATE: <br />Michael P. Gaflfron, Senior Planning Coordinator <br />January 14,1998 <br />SUBJECT: #2322 Steven N. Filips, 2570 Thoroughbred Lane - Variance - Public Hearing <br />Zoning District: RR-IB, Single Family Rural Residential, 2 acre, unsewered. <br />Application: Applicant requests after-the-fact approval to construct a 6' high privacy fence along <br />the rear of this through lot. <br />Pertinent Code Sections <br />1.10.03, Subd. 15 (C) - Fences which exceed V/i in height are considered an encroachment <br />within a front yard area. <br />2.10.02, Defmitioii 42 - "Lot - through": A lot which has a pair of opposite lot lines abutting <br />two substantial parallel streets and which is not a comer lot. On a through lot, both street <br />lines shall be front lot lines for applying the zoning chapter. <br />3.10.02, Definition 77 - "Yard, front": A yard extending across the front of a lot between the <br />side yard lines and lying between the street line of the lot and the required front yard setback <br />line, which fiont yard shall be provided on both the street fioiitages of comer lots and double <br />frontage lots. <br />List of Exhibits <br />A - Application <br />B - Plat Map <br />C - Property Owners List <br />D - Letter of Request <br />E - Survey <br />F - Site Plan/Fence Layout <br />G - Staff Memo and Exhibits of 11/6/97 <br />Background <br />Please review the applicant's letter of request. Briefly, a new residence was constmcted on this <br />through lot in 1995/96. In 1996 the owner apparently contacted the City and asked if he could <br />construct a fence near his rear lot line. Apparently the fact that this was a through lot was not part