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Date Application Received: 12-21-06 Date Application Complete: 12-21-06 60-Day Review Period Expiration: 02-21-07 Department Approval: A I 1 Name: Melanie Curtis 'tv\ V Title: City Planner ' Item Description: REQUEST FOR COUNCIL ACTION Administrator Approval: Date: February 7, 2007 Item No. Agenda Section: #07-3260, Roger O'Shaughnessy, 1265 Bracketts Point Road After-the-Fact Variance Zoning District: Lot Area: List of Exhibits: LR-lA, Single Family Lakeshore Residential, 2-acre minimum 3.3 acres (144,491 s.f.) Exhibit A -PC Action Notice dated 01-19-07 Exhibit B -PC Memo & Exhibits of O 1-10-07 Exhibit C -Draft PC Minutes of 01-16-07 Application Summary: The property is located on the western side ofBracketts Point Road and has over 600' oflakeshore. In 2004 the property owner received approvals from the City of Orono in order to redevelop the property. During a site inspection for a Certificate of Occupancy the Building Inspector, Bruce Vang and Planning Director, Mike Gaffron noted that a new fence had been constructed which exceeded the City's height standards. The property owner would like the City to consider letting the fence remain as constructed, and has applied for an after-the-fact variance in order to do so. The applicant is requesting an after-the-fact variance to allow the existing 5' high wrought iron fence to remain where a maximum of3.5' is allowed. Planning Commission Recommendation On January 16, 2007, Planning Commission voted 6 -1 to recommend approval of the variance to allow the fence to remain 5' in height. Planning Staff Recommendation Staff finds that due to the uniqueness of the applicant's property, the unique character of the neighborhood and the ambiguous language within the code the applicant's request for a height variance for this type of fence is reasonable. Staff does not feel that there is an overwhelming need to re-write the fence standards as a whole; however if the Council finds the existing code language ambiguous with regards to lakeshore comer lots abutting both a local street and a County roadway, then perhaps an amendment to the fence regulations should be investigated.