Agenda Packet Cc - regular meeting 1/25/1988

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1988 ZONING ADMINISTRATOR'S REPORT: i643 BRUCS CURTISS 1920 FAGRRNESS POINT ROAD VARIANCE RESOLUTION i2342 Attorney Joseph Christensen was present on behalf of Mr. 6 Mrs. Bruce Curtiss. He requested clarification of Zoning Code Section 10.03 Subdivision 15(c). Zoning Administrator Mabusth noted the issue of structure encroachment/non-encroachment within the 75' lakeshore setback area for Mr. Christensen. She noted the issue in the Curtiss application is a variance for fence structure within the 75' setback area and that Section 10.'-3 Subdivisior 15(c) only applies to encroachment of yard requirem its not required setbacks. Mr. Christensen explained that reducing the height of the 6' fence to 3-1/2' would eliminate the sight obstruction and therefore eliminate the need to &ngle the fence near the driveway. He also noted that angling the fence would create a less useable yard area for the Curtiss'. He noted the issue of the portion of Fagerness Point Road located on the Curtiss property. He stated that the Curtiss' would grant the City an easement in exchange for not requiring that the fence be removed out of the road right-of-way. Staff concurred that if the fence were reduced to 3- 1/2', there would be no need to angle the fence, subject to no plantings in the Pightline area over 3-1/2' in heiqht. City Administrator Bernhardson stated that staff recommended the City easement issue be pursued independently by the applicant and not tied to any variance approval. Because of the delay in this application, staff recommended amending the date for removal of the panel section of the existing fence to February 16, 1988. Mr. Christensen explained that Mr. Curtiss did not plan on removing any fence panels, just cutting them down. He requested that the Curtiss' be allowed until approximately May lst to complete the modifications to the fence. He clarified that the Curtiss' would like to leave the fence as located, reduce height to 3-1/2', install a gate and extension of 3-1/2' fence on east end up to the 26' wetland setback line.