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Zoning File #2032 <br />July 5, 1995 <br />Page 2 <br />Descriptioo of Request <br />Applicani seeks approval of a height and setback variance for a 6 + privacy fence located <br />at the street lot line and in the rear yard of a lakeshore lot that does not abut a major <br />thoroughfare. Rest Point Road is not a County road nor an MSA funded road. As lence <br />exceeds the allowed 3W height, the Code will require that it meet the strucniral 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 »iie necessary variance <br />approvals were received. <br />The existing sections along the street and rear yard along alley are at the allowed 42 <br />height. Applicant has reinstalled fencing along the side lot line uhere a previous fence had <br />existed for some 18 years. Applicant chose not to repair sections but to replace with berer <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) - fencing <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 line. <br />If fence is to exceed 6’ in height, the Code asks that the fence be reinstalled 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 />2. Applicant ’s desire for privacy due to Ix'.cation 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.