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Zoning File #986 October 24, 1985 Page 5 4. Properties like the applicant's or applicant's neighbors or the many lakeshore properties along County Road 15 or 19 or of Crystal Bay Road are unique and would require special consideration though a variance review or zoning amendment. 5. The applicant claims he is limited in the use of his residential lakeshore property because of the location of the public access and the adjacent commercial properties. These uses exist today as they did when the applicant purchased the property. 6. The City has agreed to construct a fence consisting of posts with a guard rail along the south side of the public access in order to deter the trespassers and littering of property. 7. The applicant claims that a five foot high privacy fence is re- quired at the present location to provide much needed privacy for him and his family. The City has asked the applicant to consider the use of a cabanna within his dock area but applicant has refused this approach to solving privacy needs. 8. The City has, staked a line parallel to the shoreline out of the required visibility distance from the intersection and asked the applicant to ieloc.-_e the 200'+/- of fence at the legal 3 1/2 feet height but the applicant refused. 9. The Planning Commission asked the applicant to reduce the length of the 200'+/- fence and to specify the boundaries or limits of the lakeshore area that required privacy screening. The applicant refused to reduce the length of the fence. 10. In an agreement dated December 18, 1984 between the Hennepin County Board and the applicant a section entitled General advises the following: "Any new construction on any of the above easement areas shall conform to any applicable laws, regulations and ordinances including the obligation to submit construction plans to the Ci' of Orono for its approva:." The applicant claims that he received confirmation from the Zonint_ Administrator that he (-ould legally erect a privacy fence along the County road within the lakeshore portion of his property. It is standard procedure for the Orono staff to sight all privacy fence locations placed along r'ounty roadways even though permits may not be required because of the safety factor. 1.1. The plight of the applical�t is dice to circumstances created by the applicant.