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TO: Mayor and City Council <br />FROM: Mark Bernhardson, City Administrator <br />DATE: June 5, 1985 <br />SUBJrCT: Height of Pence Within 75 Feet Lakeshore Lot <br />In reviewing rules regarding the height of fences as they relate <br />specifically to the current fence or: the Rovegno property, the <br />Zoning Ordinance indicates the following: <br />SE\CTION 10.22. Regulations for one Family Lakeshore <br />Residential Districts. <br />subdivision 1. Lakeshore Set Back Regulations. The set <br />back from the shoreline for lakeshore lots shall be at least 75 <br />feet and no building, fence or wall over forty-two inches but not <br />in excess of seventy-two inches in height above original tirade <br />may be located closer to the shoreline than the average distance <br />from the shoreline of existing residence buildings on adjacent <br />lots. <br />The Zoning Ordinance can be interpreted z-' .',Pr as: <br />A. Prohibiting everything within 75 feet and nothing <br />higher than 3 1/2 feet betw?en the 75 feet and the <br />average setback or, <br />B. That anything up to 3 1/2 feet is permitted within <br />the 75 feet but that nothing higher than that within <br />75 feet or the average setback which ever is <br />greater. <br />Based on review of our p-actice we have apparently permitted <br />without variance (we were unable to locate any such variance back. <br />to 1975) fe,ices up to 3 1/2 feet within the 75 feet. Given the <br />question raised as to interpretation regarding the Ordinance <br />coupled with our past practice in relationship to :iis issue, <br />staff is requesting the clarification on that matter. "using the <br />interpretation on past practice would suggest that we permit up <br />to 3 1/2 feet within the 75 feet or average setback. <br />(Additional ly Section 19.03 subdivision 15 regarding <br />nonencroachments has been understoot. to apply although it states <br />it applied to yard requirements which appear to he items separate <br />from setbacks in Orono's code.) <br />It's been indicated that if 3 1/2 feet is the standard within 75 <br />feat, the owner of the property in question will reduce the. :size <br />of his fence to that coupled with taking care of any public, <br />safety problems as it relates to location of that 3 1.12 feet. <br />