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O O <br /> a - CITY of ORONO <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> �9kESHOg� NO. 93978 <br /> 3. The Orono Planning Commission reviewed this application on September 15, <br /> 1997, and recommended conditional approval of the proposed variances based <br /> upon the following findings: <br /> A. The proposed fence within the road right-of-way is adjacent to applicant's <br /> lakeshore parcel referred to in the submitted documents as "Parcel F. <br /> Parcel F is a lakeshore strip which is very narrow, so there is relatively <br /> little useable land. Location of the fence close to the road will permit <br /> more of the parcel to be enjoyed by the property owner. <br /> B. Applicant has experienced an ongoing problem with fisherman and other <br /> people parking along West Ferndale Road in order to access the lake <br /> across the private property of others. No parking signs have not been <br /> effective. Location of the fence within the road right-of-way and near <br /> the traveled portion of the road would tend to discourage parking <br /> trespass. <br /> C. Parcel F is low lying and is extremely exposed visually to West Ferndale <br /> Road, compromising the privacy of anyone using Parcel F for whatever <br /> purpose. A 6' fence would enhance this privacy and discourage <br /> trespassing. <br /> D. Although applicant proposed such fence at a distance 6' to 9' from the <br /> paved edge of traveled West Ferndale Road, Planning Commission finds <br /> that such a fence within the right-of-way is only appropriate at a location <br /> at least 10' from the paved traveled roadway, and finds that a minimum <br /> of 10' is required in order to allow for a safe shoulder as well as snow <br /> storage and other public purposes. <br /> 4. The City Council finds that a fence located within the right-of-way is acceptable <br /> only at a setback from the paved road of at least 12', and only if such fence is <br /> no higher than the standard 3-1/2 feet for fences located in a street yard. <br /> 5. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> Page 2 of 6 <br />