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HARI?SHIP STATEMENT <br /> 1265 Bracke�ts Point Road <br /> Decembe��2Q,2006 <br /> The Applicant has const�ucted a five-foot wrought iron fence along thxee sides of'hds Lake <br /> ' Minnetonka propezty at the coi�er of' Bracketts Point Road and County Road 15. The puxpose <br /> of'the fence is to pY�ovide the Applicant with security for his property,privacy, and sa#'ety. The <br /> fence is illust�•ated in the photographs that accompany this Application. The height of the fence <br /> is five feet on all three sides. The fence does not enci�oach into the 75-foot shor•eline setback area <br /> or the average lakeshore setback line. • <br /> I'he Ox•ono City Code states that at lakeshore lots, fences shall not exceed 42-inches,but allows <br /> for certain exceptions. Ihe Code allows"a fence not exceeding six£eet in height ma;y be located <br /> along the stx�eet lot line of'a lake fr•ontage lot which abuts a majoi thorough£are" Orono City <br /> Code at § '78-1405(7)(b)(1). � Iz� addition, the Code peimits fences not exceeding six feet in <br /> height within the zequired side yards of' a lakeshore lo�. See Orono City Code at § 78- <br /> 14U5{�(b)(2). A summaty of City fence regulations available on�the City's web site states that a <br /> six-£oof fence is perznissible at lakesb,ore"Corner Lots" along"County& MSA�unded Roads" <br /> The Code together with the summaty suggest that a six-foot fence is pexmissible along all streets , <br /> . and side yards of'corner lakeshore lots that abut oount,y roads or state highways, such as is the <br /> case with the Applicant's propezty. Based on that inteipretation, the Applicant const�ucted his <br /> new fence at five-feet. Once it had been consnucted,the City t�equestetl that the Applican.t apply <br /> foi this "after constzucted"variance ielating only to the stretck� of'fence that pazallels Bracketts <br /> Point Road. <br /> • Ihe Applicant's propezty is a corner lot at Bracketts Point Road and County Road 1S and is <br /> situated in such a way that makes it difficult to const�uct a uni£oim and atbcactive fence while <br /> meeting a st�ict inteipYeta,tion of'the Cif,y's fencing zegulations. At five feet, the Applicant's <br /> fence is less than the maximum six-foot height allowable ir� side yards at�d sfreet yat�ds for <br /> lakeshoz•e lots that abut a count,y road. In this case,the Applicant seeks the City's appi•oval of a <br /> fi�ve-foot fence section along fil�.e remaining leg of the Applicant's corner lakeshore lot, that is, <br /> that poztion of'the fence that pai�allels Bracketts Point Road. <br /> The fence is an open v`n�ought iion design and meets the City's opacity level of'25%foi.gates,as <br /> set forth at the Section 78-1405(8)(i): Lake views fc�orn zzeighbocing properties and m�otoYists <br /> have been pxeseived �'he fence is consistent with the:first class calibez�of'the neighborhood and <br /> does no�present a tca#'fic or safety hazard. <br /> 295G541 3 DOC • � <br /> t;� �j .:,'::. '�,;•, . . r�, ;ti �. <br /> �' tr `�� ,' ' <br /> ..' ( <br /> ,�+s;;r;:�}:ti;., ._.' .. ... ' . . • , <br /> . . '� ��`-..ya' .. � y � • , . <br /> ���, � .....'"'r u ._,. -._.. .._.��. � <br />