02-13-1996 Council Packet - Laserfiche WebLink

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B. 4. C. D. E. The channel is heavily trafficked both in the summer by boaters and the winter by snowmobilers. Many private properties along the channel within the City of Orono have similar privacy fencing. Elimination of the fence could potentially result in the reduction of the value of the property. 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. F 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 throughout the entire summer. G. The majority of the area of this property is located within the lakeshore protected area where no strucmres are allowed. The total ^rea of the property is 39,000 s.f. The area within the 0-75 ’ setback area is 29,500 s.f. H The property is surrounded by the lake on the north and the east and by the Countv road on the south. Orono Code would have allowed a privacy fence within the street yard of die property as it is adjacent to heavily trafficked County road but code would not allow such a structure within the 0-75 ’ setback area. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to a leviate a demonstrable hardship or difficulty; is necessary to preserve a subsmtial Property right of the applicants; and would be in keeping with the spint and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5