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Zoning File #1303 <br />Page 3 of 3 <br />B. To approve the lakeshore setback ariance application of the <br />applicants based on the following findings and hardships: <br />1. The problem or hardship was not created by the applicant through <br />poor maintenance or an act of nature, but resulted from a legal action <br />that redefines the shared lot line. <br />2. The fence installation involves thc, reinstalling of an existing <br />fence and does not involve new structure. The fence section will not <br />encroach any closer to Lake Minnetonka then the fence did in its <br />original location. <br />3. The location of the fence in the street yard does not present a <br />hazard to the public health, safety or welfare. This body can not <br />deal in aesthetic issues. <br />4. The circumstances surrounding this fence structure are unique to <br />this property and are not common throughout the City. It is not a <br />common occurance to have a lot line rearranged after properties have <br />been developed with existing improvements. <br />Approval should be conditioned on the following: <br />The applicant is placed on notice that all fencing located within the <br />lakeshore protected area is considered non -conforming structure and cannot <br />be replaced with new fence sections without appropriate City approval. The <br />applicant is encouraged to replace deteriorating fencing with natural <br />screening in the future. <br />