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Zoning File #2032 <br />July 5" 1995 <br />Pace 2 <br />Description of Request <br />Applicant seeks approval of a height and setback variance tor a 6 + privacy fence located <br />at the street lot line and in the rear yard of a lakeshore lot that docs not abut a major <br />thorouchfare. Rest Point Road is not a County road nor an MSA funded road. As fence <br />exceeds the allowed 3'/2* height, the Code will require that it meet the structural setback of 30’. <br />Review Exhibit D. Applicant has designated the areas requiring variance approval, an 80’ <br />section along the street lot line and 30’ along the south side lot line. Posts have already been <br />installed. The Inspector asked the applicant to cease all work until the necessary variance <br />approvals were received. <br />The existing sections along the street and rear yard along alley arc at the allowed 42" <br />height. Applicant'^has reinstalled'" fencing along the side lot line where a previous fence had <br />existed for some 18 years. Applicant chose not to repair sections but to replace with better <br />quality fencing. This type of fencing is similar to the fencing installed at the residence across <br />the street on Rest Point Road. Note reference to Section 10.03, Subdivision 15 (D) - tencii^ <br />along side lot line on a lakeshore lot cannot exceed 72" or 6’ height. As average height of this <br />fence is 6’ + , applicant must also seek variance for portion of fence installed along side lot li^. <br />If fence is to exceed 6’ in height, the Code asks that the fence be reinstaUed 10’ from the side <br />lot line. <br />Statement of Hardship <br />Refer to Exhibit A. They are as follows: <br />1. Original privacy fencing had existed on property for over 18 years. <br />Applicant’s desire for privacy due to location of the residence to roadway at south <br />and public alley to the east. <br />3.Sloping topography adjacent to Rest Point Road places both road and house at the <br />same elevation. <br />4. Need to minimize car lights, etc. from nearby driveways and roadway <br />Issues for Consideration <br />1. Are applicant’s hardships valid or acceptable? <br />2. Does the unique layout of this neighborhood require special screening needs year-round? <br />3. Does the fence visually impact any adjacent property' <br />4. Other issues raised by Planning Commission. <br />MUM