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A) An existing fence not permitted by`this Ordinance, except when required to <br />do so bylaw or ordinance, shall not be enlarged, extended, reconstructed. or <br />structurally altered unless such fence is changed. to one permitted. <br />Maintenance of a non -conforming fence. will be allowed, however, when this. <br />includes necessary repairs and incidental alterations which .do not expand <br />or intensify the non -conforming use. <br />Based on the request to construct an 8' High fence, a Conditional Use Permit must be <br />approved per Section 16.13.3A3. Section 16,131 H must also be considered when <br />reviewing a Cond.itiional Use Permit. This section requires a .25' setback from a property <br />line; Portions of Mr. Meysembourg's fencing is planned to be less than 25' from a lot line. <br />Per Section 17,5,2A of the Consolidated Land Use` Ordinance, the impact on the following <br />criteria shall be review and measured by the Plan ling Commission and City Council: <br />1. Adjacent uses; and <br />2. Air and water quality; and <br />3. Traffic generations; and <br />4. Public health and .safety; and. <br />5. Area aesthetics; and <br />6. Economic impact on the entire area; and <br />7. Consistency with the Camp Plan; and <br />8. Anticipated duration of the Conditional Use. <br />i The City of. Gem Lake has incorporated a Garden Overlay District into the Zoning <br />Ordinance. This section of the ordinance. recognizes larger acreage lots in the City which <br />per the Comp Plan may develop into smaller lots in the future. The intent of the Garden <br />Overlay District is to allow agricultural uses on large properties until. such time as the <br />property develops. <br />The Planning .Commission and City Council should discuss the use of the. property as <br />requested by the applicant. Commercial crop farming is not listed as a permitted or <br />conditional use in the IRS `Zoning District. Ag related buildings are permitted on properties <br />larger than one acre, The applirants lot is .44 acres in. size.. <br />In order to permit the use and fences requested the following must be approved by the <br />City.; <br />• The use - commercial farming <br />• A conditional use permit for an 8' high fence <br />• A variance from the 25' setback requirement for an 8' high fence <br />TRlpsw <br />cG:adn*Mdd:file <br />b:meysembourg <br />4 <br />