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Date Application Received: 12-21-06 <br />Date Application Complete: 12-21-06 <br />60-Day Review Period Expiration: 02-21-07 <br />REQUEST FOR COUNCIL ACTION <br />Date: February 7, 2007 <br />Item No.??' <br />Department Approval: h r , <br />Name: Melanie Curtis N' V <br />Title: City Planner <br />Item Description: <br />Administrator Approval: Agenda Section: <br />#07-3260, Roger O'Shaughnessy, 1265 Bracketts Point Road After-the-Fact Variance <br />Zoning District: <br />Lot Area: <br />LR-lA, Single Family Lakeshore Residential, 2-acre minimum <br />3.3 acres (144,491 s.f.) I <br />AS/ftJS , <br />r;i;;~ A 1~..:/.')~~6 (bl~ <br />List of Exhibits: \}e · vt.fP;Jfl/)f ''J'f <br />Exhibit A-PC Action Notice dated 01-19-07 <,t;') ~p(2,c ' 5 ,.rb ~ <br />Exhibit B -PC Memo & Exhibits of 0 1-10-07 . I f'r" tw~ ..r-{:, 11 <br />Exhibit C -Draft PC Minutes of O 1-16-07 ti) W,,,ct6 ~~ . :::;_' z _{ A} ""t .. <br />, i:C(.~i..,,1, ~•-'"~ <br />Application Summary: ' ~Z:O:W tf.; ~ · <br />The property is located on the western side ofBracketts Point Road and has over 600' of lakeshore .. In <br />2004 the property owner received approvals from the City of Orono in order to redevelop the prope1iy. <br />During a site inspection for a Certificate of Occupancy the Building Inspector, Bruce Vang and <br />Planning Director, Mike Gaffron noted that a new fence had been constructed which exceeded the <br />City's height standards. The property owner would like the City to consider ~1g the fence remain as <br />constructed, and has applied for an after-the-fact variance in order to do so. (V /~ $C~1AJ, <br />l)lr:U---Ht/6 D 8U <br />The applicant is requesting an after-the-fact variance to allow the existing 5' high wrought iron fence <br />to remain where a maximum of 3.5' is allowed. <br />. ~·Pf.~ -~ --0 <br />Planning Commission Recommendation <br />On January 16, 2007, Planning Commission voted 6 -1 to recommend approval of the variance to <br />allow the fence to remain 5' in height. <br />Planning Staff Recommendation <br />Staff finds that due to the uniqueness of the applicant's property, the unique character of the <br />neighborhood and the ambiguous language within the code the applicant's request for a height <br />variance for this type of fence is reasonable. Staff does not feel that there is an overwhelming need to <br />re-write the fence .standards as a whole; however if the Council finds the existing code language <br />ambiguous with regards to lakeshore corner lots abutting both a local street and a County roadway, <br />then perhaps an amendment to the fence regulations should be investigated.