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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> APRIL 16,2001 <br /> (#01-2669 Richard Wett, Continued) <br /> Miller inquired whether the Applicants' fee could be refunded. <br /> Lindquist stated the Planning Commission does not have the authority to grant a refund of the <br /> application fee and a request would need to be made to the City Council. <br /> (#5) #01-2670 CHERYL AND PETER KRAMER, 2140 NORTH SHORE DRIVE,VARIANCE, <br /> 7:10 p.m.—7:37 p.m. <br /> Peter Kramer, Applicant, was present. <br /> The Certificate of Mailing and Affidavit of Publication were noted. <br /> Weinberger stated the Applicant is requesting a variance to permit a six foot fence along the south <br /> property line, which is located along North Shore Drive/County Road 51. In this location fences are <br /> only permitted to be 3.5 feet in height within a required street yard setback. The Orono Zoning <br /> Ordinance does not allow a fence greater than 3.5 feet in height within a required setback to a property <br /> line adjacent to a street. The RR-1B zoning district as a required 50 feet setback to the south property <br /> line. <br /> Weinberger stated the property is located in the Crystal Bay neighborhood, with streets bordering the <br /> property on three sides. Three portions of the property require the 50 foot setback for the construction <br /> of a fence in excess of 3.5 feet in height. Access to the property has been relocated to Arbor Street. <br /> Weinberger stated the zoning ordinance does permit fence six feet in height along the street lot line of <br /> lake frontage lots which front on a major thoroughfare, as North Shore Drive is designated. A higher <br /> fence is permitted along the street on the lake frontage lots because the rear of the house is usually <br /> where outside storage is located and that portion of the property generally functions as a rear yard. <br /> Weinberger stated also located along the property line is a row of shrubs that are between four to six <br /> feet in height. The fence would be located between the shrubs and the house to minimize the visual <br /> impact of the fence from the road. Weinberger stated a small portion at the end of the shrubs is <br /> actually located within the county right-of-way. Weinberger stated at the present time the County has <br /> no plans to upgrade or widen North Shore Drive. <br /> The lot line along North Shore Drive is defined as a "side lot line adjacent to the street". The property <br /> lines along Arbor Street and Briar Street are both considered front lot lines due to the fact they both <br /> equally front on roads and are narrower in width than the frontage along North Shore Drive. <br /> Weinberger stated the Applicant has indicated he would like to construct the fence due to the increase <br /> in traffic and noise being experienced in this area as well as safety concerns he has for his children. <br /> Weinberger stated to protect sight lines at each intersection, a 30 foot"sight triangle" is required. The <br /> sight triangle is measured as a 30 foot setback from the property corner adjacent to an intersection that <br /> is to be protected from any structures and/or fences from heights to exceeding three feet. No part of the <br /> land area within the entire sight triangle shall have fences that exceed the three feet height. Weinberger <br /> indicated the fence would be located behind the shrubs. <br /> PAGE 6 <br />