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Zoning File #986 October 24, 1985 Page 2 It is the applicant's position that newly amended Section 10.03, Sub- division 15 (C) applies to hi.s lakeshore property. Specifically, a lake - shore lot that is divided by a major thoroughfare would be allowed a 6 foot high fence along the street lot lines (lakeshore or homestead portion of property). Staff contends this non -encroachment section only applies to a yard requirement. The fence is located within 75 feet of the lakeshore. A fence over 3 1/2 feet in height must be located 75+ feet from the lake - shore. The applicant's lot, as with many lots in our City that are divided by public roads or easements, are subject to the standards that protect the viewing rights of lakeshore lot owners (Section 10.22, Subdivision 1). In this case the applicant's lakeshore yard is intersected by a road, the rear yard does not abutt a major thoroughfare but a residential lot line. The neighboring lots are also lakeshore lots divided by a public road and subject to the same standards that protect each owner's viewing rights of the lake. In the case of the Fehl application, her lake view rights were not protected under the existing and now amended ordinances because her property lines did not abutt or run to the lakeshore and she was on the non -riparian side of the major thoroughfare. Section 10.03, Subdivision 15 (C) was intended for lakeshore lots that were adjacent to County Roads along the rear yard or street lot line. Adjacent lot owners' viewF of the lake would not be affected by the placement of a fence 6 feet in height along the rear/street lot line. On August 19, 1985 the Planning Commission denied the applicant's appeals application (Review Exhibit. J). The applicant was given an opportunity to amend his original appeals application to a variance application. On October 21, 1985 the Planning Commission reviewed the applicant's variance application (variance to height of fence - Section 10.22, Subdivision 1) : Allowed = 42 inches or 3 1/2 feet Proposed 60+ inches or 5+ feet Variance 18 inches or 1 1/2 feet Per Council's interpretation of Section 10.22, Subdivision 1 (Review Exhibit K), the applicant may place a 3-1/2 foot fence at existing grade within the lakeshore portion of his yard. Per Section 10.03, Subdivision. 16, at the intersection of the access and the public road, a 3 foot high fence or shrub would only be permitted 30 feet along the lot line adjacent to Shoreline Drive and 30 feet along the north lot line or south side of access if that improvement does not create a sight problem in they use of the public access. Section 1.0.03 (B) Subdivision 6 Combination of Separated Parcels Prohibited.