08-22-1988 Council Minutes - Laserfiche WebLink

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MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22,`1988 • #1303 ALLAN REZABER 1989 FAGERNESS POINT ROAD VARIANCE The applicants were present for this matter, as was applicants'. neighbor, Mr. Fisher. Prior to any discussion on this matter, Mayor Grabek removed himself from the Council, due to his personal association with the parties involved. City Administrator Bernhardson explained that the applicants were seeking a lakeshore setback variance for the purpose of relocating a fence due to a judicial determination of a shared lot line. It was determined that the' Rezabek's fence encroached upon the Fisher property approximately 6" to 11. Mr. Rezabek attempted to move the fence within the boundary line of his property and was informed that to do so would require a variance due to the proposed fence location being within the 0' -75' zone of Lake Minnetonka. Acting Mayor Callahan asked Mr. Rezabek for his comments. Mr. Rezabek reiterated the facts, as stated by Bernhardson. He added that reinstallation of this fence would not include the addition of any new structure. He pointed out that the Planning • Commission had failed to cite a specific reason for recommending denial of this matter. The hardship in this case was the, legal action that -redefined'the shared lot line. He thanked the Councilmembers for their atttention to this matter. Mr. Fisher stated that the legal action 'did not ascertain who actually owned the fence in question. Affidavits dating as far back as 1962 -1972 indicated that the fence was not present on the property at that time. Mr. Fisher believed that the people from whom he purchased his house built the fence.' There has been an ongoing dispute as to who owned the fence. He sent a letter to the City setting forth his position on restoring the fence on Rezabek's property. In summarizing his opinion, he stated that the fence is aesthetically displeasing and creates a safety hazard. Callahan asked Mr. Fisher if the fence was present at the time his driveway was installed. Mr. Fisher stated that at the 'time the driveway was being installed, the fence was removed: After the judicial markers had been placed in April, the driveway was designed on the premise that there would be no fence. Callahan stated that he did not recall Mr. Fisher's request to have the fence torn down at the time he applied for variances for his driveway. Goetten added that there was no such indication on the survey. Zoning Administrator Mabusth recalled that • subsequent to Mr. Fisher filing all paperwork for his variance, she stopped two men from reinstalling the fence on Mr. Rezabek's behalf. Later that day, she was called back because Mr. Fisher was taking down the fence. At that time, Mr. Fisher's driveway - 4