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Lot Area/Width: LR-lA Required Actual Zoning Code Requirements Lot Area 2 acres (87,120 s.f.) 3.3 acres (144,491 s.f.) Lot Width 200' FILE #07-3260 10 January 2007 Page 2 of 3 650'+ (measured at a line parallel to the shore) City Code states that fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards within Zoning Code Section 78- 1405, for a lakeshore lot those standards are as follows: ✓ Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. The subject property has frontage along County Road 15 to the north. ✓ Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the average lakeshore setback line shall not exceed 42 inches in height. The term "average lakeshore setback line" means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the adjacent affected principal residence structure. The subject property is unique in that it does not have a defined break in the "side yard" on the south and the rear yard. ✓ Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. The fence in question does not extend into the 75' setback. In 2005, the City Council amended the nonencroachment section of the Zoning Ordinance to allow for a gate to exceed the 42" maximum height limitation when constructed with entrance monuments. This code amendment gave lakeshore lots such as this one the flexibility to meet the fence height requirements, have decorative, property defining entrance monuments and have a decorative, functional gate for security purposes. The code amendment allowed the gate height to be up to the height of the entrance monuments, which are limited to eight feet in height. Additionally gates must be less than 25% opaque. The code does not distinguish between fences of high or low opaqueness. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application.