02-13-1996 Council Packet - Laserfiche WebLink

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Request for Coun''»l Action continued February 6, 1993 Page 2 of 2 . . r> • #1988 Kenneth J. and Eileen F. Severinson, 1800 Shady wood Road 5. 6. 7. 8. The property is located directed across from the Tonka Bay Fishing Park where the public is allowed to fish. Fencing helps to define the private property along the channel from the public fishing areas. The fence provides a noise protection and visual protection from the public who fish in the park. The park is heavily used and crowded with people fishing throuehout the entire summer. The majority of the area of this property is located within the lakeshore protected area where no structures are allowed. The total area of the property is 39,000 s.f. The area within the 0-75’ setback area is 29.500 s.f The property is surrounded by the lake on the north and the east and by the County road on the south. Orono Code would have allowed a privacy fence within the street yard of the property as it is adjacent to heavily trafficked County road but code would not allow such a structure within the 0-75’ setback area. Planning Commission Action The majority of the Planning Commission (5-2) voted to approve the variai. “ application as proposed based on the hardships and unique findings set forth in applicants’ addendum and conditioned approval on ^pplicsnt obtaining 3 penalty building permit. The minority opinion felt that had applicants followed appropriate procedures that the City could have considered other options such as a combination of a lower fence with shrubs. Applicants noted that there already exists plantings to the lakeside of the fence. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. COUNCIL ACTION REQLTISTED: To either adopt or amend the enclosed approval resolution