09-24-2001 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24, 2001 • ( #01 -2708 Michael and Jeanie McClelland, Continued) White stated the hardship needs to be able to be defended by the City, with other issues outside of topography being considered as a hardship. Moorse stated if a visual blight is cited, the specific hardship could be identified in the resolution. Gaffron stated all these pieces together create a hardship rather than one particular item. White moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4694, a Resolution granting variances to permit a six foot privacy fence to be constructed within the 50 foot side yard adjacent to the street setback where a 3.5 foot fence is permitted for the property located at 2170 Minnetonka Avenue, with the understanding the "finished" side of the fence will face outward. Nygard stated in his view the Council is treading on dangerous ground by considering a visual hardship. Nygard stated the biggest hardship in his view is the side street yard situation. Nygard stated while a three -foot fence is allowed in a side street yard, a six foot fence is allowed in a side yard. Mayor Peterson stated this fence has existed for the past 20 years, with the visual impact not being included in the resolution. Peterson stated people are allowed a six -foot fence within a side yard. Gaffron stated he is not entirely convinced that visual issue is not a hardship given the circumstances. . White stated in his view this is a unique situation given the location of the property. r� �I Smith stated it was a concern of the Planning Commission that considering visual blight could be setting a precedent. Flint stated he does not have a problem with the application, noting the Applicant only intended to remove the fence for a temporary period of time. Flint stated technically there is not a developed street in this area, so that the side street yard is functioning as a side yard. Nygard stated the focus of the discussion is that the fence did exist, and that the side street yard is functioning as a side yard rather than focusing on a visual blight. VOTE: Ayes 5, Nays 0. *( #7) #01 -2709 RICHARD R. SHULL, 2285 FRENCH LAKE ROAD — VARIANCES — RESOLUTION NO. 4695 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4695, a Resolution granting variances to permit the construction of a two -stall garage to the east end of the residence and a new entryway over existing steps for the property located at 2285 French Lake Road. VOTE: Ayes 5, Nays 0. PAGE 17