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MINUTES OF THE ORONO PLANNING COMMISSION MEETING APRIL 16, 2001 (#01-2669 Richard Wett, Continued) Miller inquired whether the Applicants' fee could be refunded. Lindquist stated the Planning Commission does not have the authority to grant a refund of the application fee and a request would need to be made to the City Council. (#5) #O1-2670 CHERYL AND PETER KRAMER, 2140 NORTH SHORE DRIVE, VARIANCE, 7*10 p.m. — 7:37 p.m. Peter Kramer, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant is requesting a variance to permit a six foot fence along the south property line, which is located along North Shore Drive/County Road 51. In this location fences are only permitted to be 3.5 feet in height within a required street yard setback. The Orono Zoning Ordinance does not allow a fence greater than 3.5 feet in height within a required setback to a property line adjacent to a street. The RR4B zoning district as a required 50 feet setback to the south property line. Weinberger stated the property is located in the Crystal Bay neighborhood, with streets bordering the property on three sides. Three portions of the property require the 50 foot setback for the construction of a fence in excess of 3.5 feet in height. Access to the property has been relocated to Arbor Street. Weinberger stated the zoning ordinance does permit fence six feet in height along the street lot line of lake frontage lots which front on a major thoroughfare, as North Shore Drive is designated. A higher fence is permitted along the street on the lake frontage lots because the rear of the house is usually where outside storage is located and that portion of the property generally functions as a rear yard. Weinberger stated also located along the property line is a row of shrubs that are between four to six feet in height. The fence would be located between the shrubs and the house to minimize the visual impact of the fence from the road. Weinberger stated a small portion at the end of the shrubs is actually located within the county right-of-way. Weinberger stated at the present time the County has no plans to upgrade or widen North Shore Drive. The lot line along North Shore Drive is defined as a "side lot line adjacent to the street". The property lines along Arbor Street and Briar Street are both considered front lot lines due to the fact they both equally front on roads and are narrower in width than the frontage along North Shore Drive. Weinberger stated the Applicant has indicated he would like to construct the fence due to the increase in traffic and noise being experienced in this area as well as safety concerns he has for his children. Weinberger stated to protect sight lines at each intersection, a 30 foot "sight triangle" is required. The sight triangle is measured as a 30 foot setback from the property corner adjacent to an intersection that is to be protected from any structures and/or fences from heights to exceeding three feet. No part of the land area within the entire sight triangle shall have fences that exceed the three feet height. Weinberger indicated the fence would be located behind the shrubs. f PAGE 6