09-12-2016 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST (continued) At that time the Council requested he make a formal request to that effect, which Mr. Lanpher has done. At this point Staff has been unable to locate any history where the application fee has been waived for a project that has been reviewed by the Planning Commission or City Council. Peter Lanpher, 1380 Rest Point Road, stated he is asking for the fee waiver because in his view it is excessive in this situation. Lanpher noted they have two nonconforming fences that were installed in the year 2000 and then a street side fence that was converted into a picket fence later on. Lanpher indicated he purchased the property in 2004 and that the fences were in existence at that time. Lanpher stated he is attempting to work with the City on this matter and that he is not planning on doing anything with the street side fence. Lanpher stated since purchase of the property, he has been told that it is an illegal fence. Lanpher noted the State of Minnesota considers it a nonconforming fence. Lanpher noted he had nothing to do with the installation and that they were there when he purchased the property. Lanpher stated the variance being requested is to correct and make the fences legal. Lanpher stated as far as the additional variance for the extension of the fence into the lakeshore setback is concerned, everyone here knows that they have had a difficult time in the neighborhood and that he is asking for as much leniency to get additional height and length to help bring stability into the neighborhood. McMillan asked if he is looking to replace the side fence and keeping the front fence the same. Lanpher indicated the front fence has not changed except for painting it twice. Lanpher noted he has a court order to fix and repair the side fence following the damage and that he would like to take that fence and extend it down the property line into the 0-75 foot zone as well as increase the height to six feet. Lanpher indicated he is requesting that for more security and privacy. Walsh asked how high the existing fence is. Lanpher stated the fence in the 0-30 foot setback starts at 46 inches, decreases to 42 inches, and then goes back up to 46 inches for the remainder. Lanpher indicated he has submitted an application for what he would like to do with the fence and that he is here tonight to request the variance fee be waived. Walsh stated in the past the City has brought up the fact that state statute says that nonconforming fences can be redone and does not state whether they are legal or nonconforming. Walsh noted Mr. Lanpher did not construct the fence and that he does not need a variance to replace it. Walsh stated he is hearing that Mr. Lanpher would like to make the fence conforming and then also raise the height up and extend it down to the 30 -foot mark from the lake. Lanpher stated it is a 75 -foot lakeshore setback and that he would like to take the fence all the way down to the lake. Lanpher indicated his property is constantly being trespassed on and that he is trying to remedy that situation. Extension of the fence would provide protection of seven or eight feet into the 75 - foot setback. Lanpher noted there are other neighbors in the area that have that and that his neighbor across the street received a fence variance in 1969 and he only paid $72. Page 9 of 15