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, . . C�ty o� 0�3,01�0 . d .� RESOWTION OF THE CITY COUNCIL � . NO. 1839 �. . •;� � , � , ;;�,: A RESOLDTION DENYING AN AFTER-THE-FACT VARIANCE TO MIINICIPAL ZONING CODE SECTION 10.03, SIIBDIVISION 15 (C) AS AN�NDED JANOARY 28, 1985 FILE #944 WHEREAS, James H. Lear (hereinafter "the appl.icant") is the owner of the property located at 3127 Casco Circle within the City of Orono (hereinafter "City" ) and legal ly described as follows : Lot 2, Block l, Colorado Springs (hereinafter "property") ; and WHEREAS, the applicant has applied to the City for an • after-the-fact variance to Municipal Zoning Code Section 10.03, Subdivision 15 (C) as amended January 28, 1985 to permit a six foot high privacy fence that runs paral lel with the rear/street lot Iine for a distance of forty feet located approximately two feet off the right of way of Casco Circle where only a three and a hal.f foot high fence is allowed; and WHEREAS , the City Council of Orono (hereinafter "Council") has reviewed the findings of the Planning Commission and the City •staff and the written and oral comments of the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the after-the-fact variance appli- cation of James H. Lear based on one or more of the following findings : FINDINGS . 1. This application was reviewed as Zoning File #944. 2. The property is I.ocated in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The applicant claims that the 6 foot high privacy fence • is needed to deter children from running into the street "after a pet, a ba3.1 or while playing a game". In con- sideration of the sloping topography within the rear yard of the property, a 3 1/2 foot high fence would serve as a deterrent. Page 1 of 3