11-13-2001 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 11. #01 -2726 Erotas Building Corporation, 450 Orono Orchard Road After -the- • Fact Variances Resolution No. 4722 — Continued along Orono Orchard Road and Dickenson Street. The fences were installed with several dozen arborvitae along the fence to provide a vegetative buffer. The trees range in height from 13' to 16' and provide a nearly complete screening for the fence. The Planning Commission recommended approval based on the finding that the property was unique, being a corner lot with two 50' setbacks, and the total size of the lot is 14.7 acres. Sansevere asked if staff were comfortable with the hardship of having two 50' setbacks. Weinberger replied they were as long as the fences remain fully screened. Nygard stated he was uncomfortable with the application requesting an after - the -fact variance. He felt Kevin Garnett had been informed of fencing requirements when he previously came before the Council regarding his dogs. He stated that Council might set a precedent that allows the construction of over -sized fences as long as one plants trees along it. Mabusth stated that the Planning Commission had found the property unique because it was bordered by two roads and has a pond on it. The fence was nicely colored and • screened, and did not pose a safety issue to drivers or maintenance vehicles on the roads. Gaffron stated that Mr. Garnett stated if he had to fence his property 50' back from the roads, he would not be able to use about 10% of his property, which built in a hardship. He suggested a way to avoid having to demonstrate a hardship would be to require a conditional use permit for fences and have performance standards. White stated Garnett was being taxed on that 10% of his property that he would not be able to use. Barrett stated that the decision of whether a hardship exists was based on Council fact - finding and was not a legal decision, so it would not be irrational to decide the lot size or configuration is a hardship. Mayor Peterson moved, and White seconded, to adopt Resolution No. 4722 granting after - the -fact variances to Municipal Zoning Code Section 10.03, Subdivision 15 to permit a 6' fence to be constructed within the 50' front and 50' side yard adjacent to the street setback where a fence height of 3 '/Z' is allowed. Vote: Ayes 3, Nays 1 (Nygard). •