05-23-2016 Council Packet - Laserfiche WebLink

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REQUEST FOR COUNCIL ACTION DATE: May 23, 2016 ITEM NO: 6 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: 16-3832, City of Orono, Variance, Public Hearing _____________________________________________________________________________________ Purpose. The variance would permit the placement of a 47’’ high, woven wire metal field fence in various locations throughout the park. The following variances are necessary: Variance from the lake yard setback (150 feet required, 30-35 feet proposed) Variance from the wetland separation. (35 feet required, 0 -35 feet proposed) The fence serves as the boundary for the proposed off leash dog park, proposed for the Susan E. Lurton Park. Background. The City is proposing development of a dog park within Susan E. Lurton Park on County Road 112. Improvements to the dog park include 47’’ high field fencing, an expanded parking area, and benches throughout the park. The planned fencing is to be field located to avoid impacts with existing vegetation, incorporate existing trails, and avoid impacts to the wetlands. Fencing is designed to blend into the environment. The expansion of the parking area was approved by the Council on May 9, 2016. Fencing at 47” high in the front yard along County RD 112 is permissible; (Section 78-1405 b 1) allows fences up to 6 feet for lots abutting a lake and a major thoroughfare. The average lakeshore setback for fences (Section 78-1405 b 2) does not apply as the subject property does not have a principal residence. The proposed fence will not impact the view of the lake from any private property. The park has not been surveyed, therefore the exact boundaries of the wetland and the lake have not been determined. The setbacks proposed are estimated based on field inspection, aerial photography, and LIDAR elevation data and assumes the eastern park boundary is the wetland boundary and the OHW of the lake. While not determinant of the lake boundary, the open water of Lake Classen is 190 to 840 feet from the property line. A survey of the park would definitively identify the boundary. The park property is bounded on the west by a wetland, on the south by County Road 112 Right of Way, on the east by Lake Classen, and the north by residential property. The fence on the east side is proposed between 30-45 feet from the property line, based on field inspection, which would put the fence 30-45 feet from the wetland where 35 feet is required, and 30-45 feet from the Lake, where 150 feet is required. A portion of the fence on the east side will replace existing fence within the lake and wetland yard.