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Zoning File #1988 <br />Januar>' 9, 1995 <br />Page 2 <br />The fence located approximately 5' from seawall at the channel side and has been <br />reinstalled at the same setback as the previous fence. The entire fence is located within the 75’ <br />setback area. The applicant has provided 1988 photos of the former fencing taken at the time <br />of an appraisal of the property. Photos have been provided showing the newly re­ <br />installed/repaired fence and will be available at your meeting. <br />Statement of Hardship <br />Please refer to Exhibit A-1. Hardships are reviewed as follows: <br />1.The Narrows Channel is a high traffic inlet/outlet between the Lower Lake and <br />the Upper Lake. There is a need for both visual and noise protection from the <br />noise of the boat traffic and sounds of the boaters that pass through the channel. <br />2.The Channel is heavily trafficked both in the summer by boaters and the winter <br />by snowmobilers. <br />3. <br />4. <br />The remaining private propenies along the channel have similar privacy fencing. <br />Elimination of the fence would significantly reduce the value of property. <br />5.The property is located directly across from the Tonka Bay fishing park where <br />the public is allowed to fish. Fencing helps to define the private property along <br />the channel from the public fishing areas. <br />6.The fence provides noise protection and visual protection from the public fishing <br />in the park. The park is heavily used and crowded with people fishing du’oughout <br />the entire summer. <br />7. The majority of the area of this is located within the lakeshore protected area. <br />Any recommendation of approval must include the requirement that applicant obtain a <br />penalty building permit for repair and installation of new fencing within lakeshore yard. <br />i