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�� � BEVE� LAN�SCAPING September 1, 2005 City Planning Department City of Orono Post Office Box 66 Crystal Bay, MN 55323 Dear Orono City Council and City Planning Department: I am writing in regard to an entrance gate proposal for the LaFavre Residence, at 1535 Bohns Point Road, on behalf of the homeowners and the contractors associated with this project. It has been brought to our attention that our proposal for entrance gates is not compliant with codes written for fences on lakeshare properties. In our conversations with the City Planning Department, bringing this issue to light, we determined that the codes written for fences on lakeshore properties do not adequately serve the purpose of permitting entrance gates that offer better security, better design, and better style in accordance with codes that have also been written for entrance monuments. This not only affects our project at-hand, but all properties on the lakeshore. In this determination, I respectfully appeal the interpretation of the Planning Department in effort to install entrance gates that better serve the property at 1535 Bohns Point Road, and to possibly assist the City of Orono in setting future standards specific to the design of entrance gates. The applicable codes that affect the height of entrance gates, on a by-default basis, are found in "Section 78-1405. Nonencroachments" where the height and style of fences on lakeshore lots are specified. The code states as follows: 1. Fences within the required street (rear)yard or side street yard of a lakeshore lo shall not exceed 42 inches above the original grade. Exception: A fence not exceeding six feet height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such a fence involves fill or berming, the total combines height of both the fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. (Sec. 78-1405. (7) b. 1.) 2. Fences within the required side yard of a lakeshore lot shall bot exceed six feet in height, and any portion located lakeward of the average lakeshore setback line, shall not exceed 42 inches in height... (continues.) (Sec. 78-1405. (7) b. 2.)