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r <br />Request for Council Action continued <br />Page 2 of 4 <br />October 10, 1997 <br />Zoning File ni95 <br />the street and the front line of the residence at 980 West Femdale to which it is accessory. <br />Also, applicant proposes to replace the pre-existing wood fence located in the right-of-way of <br />Femdale Road, along the south side of the road adjacent to the lakeshore parcel. Parcel F. That <br />existing fence is approximately 6' from the pavwd roadway, and encroaches 15-20' into the right- <br />of-way from the actual lot line. The easterly half of the fence is within 75' of the lake, and <br />requires a variance. The municipal code also requires a property owner to obtain written <br />permission from the City to place a fence within a street right-of-way. <br />Planning Commission Recommendation <br />A. Planning Commission reviewed the garage replacement request at their September 15th <br />meeting, and on a vote of 6-1 recommended approval of the garage replacement per the <br />following conditions: <br />1. Approve street setback of 1'. <br />2. Approve variance for garage nearer street than principal residence. <br />3. Garage to be limited to 18'x24' size and must meet 26' wetland setback (as well <br />as minimum 10' side setback). <br />B. At their September 15th meet'mg, Planning Commission voted 7-0 to recommend approval <br />of the fence replacement within the right-of-way of West Femdale Road, subject to the <br />following conditions: <br />1. Maximum fence height 6'. <br />2. All portions of fence to be located at least 10' from existing pavement. <br />Please review the draft Planning Commission meeting minutes attached for further detail on the <br />discussion. <br />Staff Recommendation <br />A. Garage replacement. <br />In staff s opinion the only rationale for granting the requested variances is the fact that a <br />garage has existed at this location for many years. However, that garage is in such a state <br />of dilapidation that it is a candidate for hazardous building action. It is unlikely that the