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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />The property is divided <br />by a Hennepin County road easement. <br />The lakeshore portion of <br />the property cannot satisfy the LR- <br />lA zoning district stai.dards and could not sustain a <br />principal structure. <br />4. The fence is consir <br />-.!red an accessory structure and <br />requires a principal st <br />=ucture on the parcel for fence <br />structure to be legal. <br />5. '",ie five foot high f <br />nc:e has been placed at the inter= <br />section of a public la <br />? access and a County road. The <br />access is used during ' <br />e winter months from December 1st <br />through March lst. <br />6. The five foot high : <br />nce placed 20 feet from the center- <br />line of the County road <br />unning approximately 200 feet along <br />the edge of the 40 fo <br />road easement creates a serious <br />sighting problem and en( <br />igers the public who use the access <br />and the County road. <br />7. The applicant clai <br />he is limiter: Ln the use of his <br />residential lakeshore <br />operty because of the location of <br />the public access and t <br />- adjacent commercial properties. <br />These uses exist toda <br />as they did when the applicant <br />purchased the property. <br />8. The City has agreed <br />construct a fence consisting of <br />posts with a guard rail <br />long the south side of the public <br />access i.n order to d^`.e <br />the trespassers from the public <br />access. <br />9. In a memorandum fro <br />the City Attorney dated November <br />22, 1985, Kathleen Blatz <br />stated the following: <br />in order to build <br />a fence within 75 feet of the <br />lakeshore a •.•ariance is <br />required. Subdivision 1 states that <br />the setoack must be at least <br />75 feet from tre shoreline." <br />Section 10.22, Subdivision 1 as amended January 28, 1985 <br />states as follows: <br />Lakeshore Set Back Regulations. The set back from the <br />shoreline for lakeshore lots shall be at least 75 feet <br />and no building, fence or wall over forty-two inches <br />but not in excess of st:venty-two inches in height above <br />original grade may be located closer to the shoreline <br />than the average distance from the shoreline of <br />existing residence buildings on adjacent lots. <br />Page 3 of 5 <br />