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F. ! LNG <br />E, a fditx=� ells. <br />f.0 G 2 1a: <br />To: Planning Commission Chairman Kelley <br />Orono Planning Commission Members <br />City Pdministrator Bernhardscn <br />From: Jeanne A. Mabusth, Building & zoning Administrator <br />Date: July 13, 1988 <br />Subject: ##1303 Allan and Shirley Rezabek, 1989 Fagerness Point Road <br />- Variance - Public Hearing <br />Zoning District - LR-1C <br />Area = Approximately 20,291 s.f. or .46 acres - .5 required <br />Pertinent Ordinances - <br />Section 10.22, Subdivision 1 (B) Lakeshore setback variance required for <br />the relocation of approximately 40' of a 6' high privacy fence resulting <br />from judicial determination of the shared property line between the Allan <br />Rezabek and Orville Fisher properties. <br />Required = 0' <br />Existing = 35; <br />Proposed = 35' <br />Variance = 40' or 53% <br />List of Exhibits <br />Exhibit A - Application <br />Exhibit B - Property Owners List <br />Exhibit C - Certificate of Mailing <br />Exhibit D - Plat Map <br />Exhibit E - Stein Letter 6/15/88 <br />Exhibit F - Order Determining Boundaries/Torrens Action <br />Exhibit G - Rezabek Survey 10/14/85 <br />Exhibit H - Fisher Survey Revised 12/11/87 to Show Shared Lot Vine as <br />Judicially Determined <br />Exhibit I - Staff Sketch <br />Review of hpplication <br />In a recent torrens action tha- judica1ly determined the shared lot line <br />between the Rezabek and Fisher properties, approximately 60' of the <br />existing stockade fence was found to encroach into the Fisher side of the <br />lot line. Review Exhibit H. The most recent survey of that lot line, the <br />fence location can be seen to be approximately 1' to 1/2' into the Fisher <br />property, for approximately 50' to 601. <br />'.he total fence measures approximately 130' along the south lot line of the <br />Rezabeks property. The section of fence involved in the controversy is <br />located at the east side of the fencing, Review the staff sketch, Exhibit <br />I. Approximately 70' moving eastward from the west shoreline of Lake <br />Minnetonka appears to be located within the Rezabeks side of the property. <br />As you move eastward, approximately 60' is shown to encroach into the <br />Fisher property. Mr. Rezabek attempted to relocate 13' of the east side of <br />the fencing, but was stopped by the Orono staff and advised that a variance <br />to lakeshore setback was required to relocate the fence. Mr. Fisher has <br />