#4694-variances-2001 - Laserfiche WebLink

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, � �/ O� � � O O �. CITY of ORONO ti �� G�/ RESOLUTION OF THE CITY COUNCIL ��kEs_K� No. 469 � _ . A. A 6' fence was constructed in 2000 to replace a 6' fence that had existed on the property line. The City had notified the property owners the fence could not be replaced in the existing location because the fence was non- conforming due to the 6 foot height in a street yazd. B. Fences are not permitted to encroach into the public right-of-way. The variance application does not include a request to locate the fence off the property. C. The Municipal Code permits fences as a non-encroachment within required yazd areas, however the height of a fence cannot exceed 3 '/z feet if located in a street yard. D. The applicants' property is defined as a corner lot with two street yards. Properties in the RR-1B zoning district have a required setback of 50 feet to the property lines. A 6 foot fence could be constructed but only if constructed 50 feet from the property line. E. The fence is located adjacent to a street that is partially undeveloped. The Minnetonka Avenue right-of-�vay separates the applicants' lot from an adjacent lot to the south. F. There are no plans by the City of Orono to extend or further develop Minnetonka Avenue. 4. The City Council has made the following findings to support a hardship to permit replacement of a 6' fence along the south property line: A. The fence is replacing a fence that had been located along the property line for many years. The fence received damage when a tree had fallen and destroyed several panels of the preexisting fence. B. The fence is located adjacent to a street that is partially undeveloped and not open to vehicle traffic. The Minnetonl:a Avenue right-of-way separates the applicants' lot from an adjacent lot to the south and the right-of-way functions the same as an interior lot line. � Page 2 of 5 '