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� • • . <br /> � <br /> J �. C�t o� ORONO <br /> � <br /> • RESOLUTION OF THE CITY COUNCIL <br /> • - ` NO. 189 3 <br /> • • • • <br /> 10. In that same memorandum, the City Attorney notes that <br /> Section 10.22, Subdivision 2 complements Subdivision 1 by <br /> stating that no excavating, filling hard cover, temporary or <br /> permanent structures shall be permitted within 75 feet of <br /> the shoreline. <br /> Section 10. 22, Subdivision 2 - � <br /> Lakeshore -.Hard �.Cov_.er -.Reyulati.ons. Within 75 feet of" `� <br /> shorel.ine there shall be no excavating, filling, hard <br /> , cover, temporary or permanent structures. Within 75 to <br /> 250 feet of the shoreline there shall be no greater <br /> than 25� hard cover. Within 250 to 500 feet of the <br /> shoreline there shal.I be no greater than 30� hard <br /> cover. Within 500 to 1,000 feet of the shoreline there <br /> shall be no greater than 35� hard cover. <br /> If one argues that Section 10.22, Subdivision 1 was always <br /> • interpreted to al Iow fences 42 inches or less within 75 feet <br /> of the lakeshore, the specific and more restrictive <br /> directive of Subdivision 2 would have precedence per Section <br /> � 10.03, Subdivision 2 as follows: <br /> Mor•e � Restrictive Provisions�To;Appl� Where the <br /> conditions imposed b'y '-any provision of the Zoning <br /> Chapter are either more restrictive or less restrictive . <br /> than comparable conditions imposed by any other 1aw, <br /> City Code provision, statute, resolution, or regulation <br /> of any kind , the regulations which are more <br /> restrictive, or which impose higher standards or re- <br /> quirements sha3.1 prevail. <br /> � ' When the code appears to contain different standards of <br /> restrictiveness, the regul.ations which are more restrictive <br /> or impose higher standards shall prevail. <br /> 11. To approve variances for a fence at the preser�It Ioca- <br /> tion and at the proposed height would establish a negative <br /> precedent in the review of similar applications. <br /> 12. The applicant maintains the fence provides protection <br /> for his lakeshore property from vandalism. The five foot <br /> high privacy fence may, in fact, serve to hide vandals from <br /> the view of adjacent neighbors and the police. <br /> • Page 4 of 5 <br /> � <br />