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HARDSHIP STATEMENT 1265 Bl'aeketts Point Road December 20, 2006 The Applicant has constructed a five-foot wrought iron fence along three sides of his Lake Minnetonka propexty at the comer of Bracketts Point Road and County Road 15 The pwpose of the fence is to provide the Applicant with secwity for his p1ope1ty, pxivacy, and safety. The fence is illustrated in the photographs that accompany this Application.. The height of the fence is five feet on all three sides .. The fence does not encroach into the 75-foot shoreline setback area or the average lakeshore setback line .. The Orono City Code states that at lakeshoze lots, fences shall not exceed 42-inches, but allows fo1 ce1tain exceptions. The Code allows "a fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a ma.jot tho1oughfare." Orono City Code at § 78-1405(7)(b){l). In addition, the Code permits fences not exceeding six feet in height within the required side yards of a lakeshore lot. See O10no City Code at § 78- 1405(7)(b )(2) .. A summary of City fence 1egulations available on the City's web site states that a six-foot fence is permissible at lakeshore "Comet Lots" along "County & MSA Funded Roads" The Code together with the summary suggest that a six-foot fence is permissible along all streets and side yards of corner lakeshore lots that abut county toads or state highways, such as is the case with the Applicant's propexty .. Based on that inte1p1etation, the Applicant constructed his new fence at five-feet. Once it had been consttucted, the City tequested that the Applicant apply fo1 this "after constmcted" vaxiance relating only to the stretch of fence that parallels Bracketts Point Road. The Applicant's prope1ty is a comer lot at Bracketts Point Road and County Road 15 and is situated in such a way that makes it difficult to constmct a unifotm and attractive fence while meeting a strict inte1p1etation of the City's fencing xegulations. At five feet, the Applicant's fence is less than the maximum six-foot height allowable in side yards and street yaxds for lakeshore lots that abut a county toad. In this case, the Applicant seeks the Cicy's approval of a five-foot fence section along the remaining leg of the Applicant's comer lakeshore lot, that is, that portion of the fence that parallels Bracketts Point Road. The fence is an open wrought ixon design and meets the City's opacity level of25% fo1 gates, as set forth at the Section 78-1405(8)(i).. Lake views from neighboring properties and motoxists have been pxesexved The fence is consistent with the first class caliber of the neighborhood and does not.present a ttaffic or safety hazard. 2956541_3 DOC