12-09-1985 Council Packet - Laserfiche WebLink

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City of OR(O: RESOLUTION OF THE CITY COUNC, NO. 10. In that same memorandum, the City Attorney notes that Section 10.22, Subdivision 2 complement: Subdivision 1 by stating that no excavating, filling hard cover, temporary or permanent structures shall be permitted within 75 feet of the shoreline. Section 10.22, Subdivision 2 Lakeshore Hard Cover Regulations. Within 75 feet of' shoreline there shall be no excavating, f lling, hard co,ver, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there steal' be no greater than 30% hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35% hard cover. If one argues that Section 10.22, Subdivision 1 was always interpreted to allow fences 42 incnes or less within 75 feet of the lakeshore, the specific and more restrictive directive of Subdivision 2 w-)uld have precedence per Section 10.03, Subdivision 2 as fallows: More Restrictive :'_rovisions To_AU. y_ Where the cor,,Ji.tions imposed by any provision of the Zoning Chapter are either mcre restrictive or less restrictive than comparable con- it..ons imposed by any other law, City Code provision, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or re- quirements shall pr(vail. When the code appears to ^ontain different lards of restrictiveness, the regulations which are more rc:�_ri.ctive or impose higher standards shall prevail. 11. To approve variances for a terse at the present loca- tion and at the proposed height would establish a r+egative precedent in t) -eview of sim r applications. 1.2. The applicant maintains the fence provides protection for his lakeshore property from vandalism. The five foot high privacy fence may, in fact, serve to hide vandals from the view of adjacent neighbors and the police. Pr_igc 4 of `