01-26-1998 Council Packet - Laserfiche WebLink

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r p the surrounding neighborhood. h. The applicant ccrsiructed said fence after contacting the City and being told no permit was required, and that a 6-foot fence was allowed in a rear yard. The fact that this is a through lot was not a part of that communication, hence applicant was unfortunately provided with incomplete information as to code standards. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 temporary 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 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a temporary after-the-fact variance to Municipal Zoning Code Section 10.03 Subdivision 15(C) to permit construction of a 6-foot height privacy fence along the Watertown Road frontage of the property, such fence located within the rear yard of this through lot where such fence would normally not be allowed to exceed 3-1/2 feet in height., subject to the following conditions: 1.The fence as it currently exists may remain in place until June 30, 2000, at which time it shall be made conforming by either removing it entirely or by reducing its height to be no higher dian 3-1/2 feet above the pre-existing grade. Page 3 of 6