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FILE #07-3260 <br />10 January 2007 <br />Page 1 of 1 <br />Subject: 07-3260, Roger O'Shaughnessy, 1265 Brackett's Point Road <br />✓ After-the-Fact Variance <br />✓ Public Hearing <br />Zoning District: LR-1A, Single Family Lakeshore Residential, 2-acre <br />minimum <br />Lot Area: 3.3 acres (144,491 s.f.) <br />The property is located on the western side of Brackett's Point Road and has <br />over 600' of lakeshore. In 2004, the property owner received approvals from the <br />City in order to redevelop the property with a new home. During a site inspection <br />for a Certificate of Occupancy Orono's Building Inspector, Bruce Vang and <br />Planning Director, Mike Gaffron noted that a new fence had been constructed <br />which exceeded the City's height standards. As the property owner would like <br />the City to consider letting the fence remain as constructed he has applied for an <br />after-the-fact variance in order to do so. The applicant is requesting an after-the- <br />fact variance to allow the existing 5' high wrought iron fence to remain where a <br />maximum of 3.5' is allowed <br />Planning Staff recommends that the Planning Commission consider whether the <br />hardship statement presented by the applicant supports the granting of the <br />variance. If the Commission finds that there is a hardship or reasonable <br />justification to grant the variance then a recommendation to approve would be <br />appropriate ... <br />If the Commission determines that the fence as constructed is not reasonable, <br />and is inappropriate in the location and height then a denial recommendation <br />would be in order. ... <br />If the Planning Commission feels the fence is appropriate but not justified under <br />the variance standards perhaps a code revision is an option to consider. If so <br />this application should be denied and sent to Council to determine whether a <br />code change should be pursued. _ 617-.'1