09-12-1994 Council Packet - Laserfiche WebLink

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4. 5. C.The fence has provided a barrier at the public access beach and keeps the public and their pets out of applicant’s lakeshore yard. D.The impact of the fence is minimi2ed in the summertime with the coverage of a grapevine and other adjacent plantings. E.The applicant has assumed the responsibility for maintenance and upkeep of the beach area and grassed lawn. 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 variances 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the aj^licant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit a privacy fence installed in applicant’s north side yard adjacent to the public swimming beach granting a setback variance of 70’ or 93%. Approval is subject to the following conditions: 1.Applicant shall apply for a penalty building permit for construction of privacy fence. Applicant must apply for a building permit by September 22, 1994. 2.A portion of the privacy fencing installed parallel to shoreline of lake must be removed prior to applicant’s filing of application for penalty building permit. Page 2 of 4