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A RESOLUTION DENYING <br />AN AFTER-THE-FACT VARIANCE TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.03, SUBDIVISION 15 (C) <br />AS AMENDED JANUARY 28, 1985 <br />FILE i944 <br />WHEREAS, James H. Lear (hereinafter "th~ applicant") is <br />the owner of the property located at 3127 Casco Circle within the <br />City of Orono (hereinafter "City") and legally described as <br />follows: <br />Lot 2, B 1 ock 1, Co 1 or ado Springs (hereinafter "property"); <br />and <br />WHEREAS, the applicant has applied to the City for an <br />after-the-fact variance to Municipal Zoning Code Section 10.03, <br />Subdivision 15 (C) as amended January 28, 1985 to permit a six <br />foot high privacy fence that runs parallel with the rear/street <br />lot line for a distance of forty feet located approximately two <br />feet off the right of way of Casco Circle where only a three and <br />a half foot high fence is allowed; and <br />WHEREAS, the City Council of Orono (hereinafter <br />"Council") has reviewed the findings of the Planning Commission <br />and the City staff and the written and oral comments of the <br />applicant. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of <br />Orono, Minnesota hereby denies the after-the-fact variance appli- <br />cation of James H. Lear based on one or more of the following <br />findings: <br />FINDINGS <br />1. This application was reviewed as Zoning File #944~ <br />2. The property is located in the LR-lC Single Family <br />Lakeshore Residential Zoning District. <br />3. The applicant claims that the 6 foot high privacy fence <br />is needed to deter children from running into the street <br />"after a pet, a ball or while playing a game". In con- <br />sideration of the sloping topography within the rear yard of <br />the property, a 3 1/2 foot high fence would serve as a <br />deterrent. <br />Page 1 of 3 •