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docun1entation showing the unusual circumstances justifying the proposed deviation and plans for the proposed fencc, wall, or landscape screening. This provision is intended to allow flexibility in meeting the purpose and intent of this paragraph 4 without the necessity . of providing a hardship as is required in the variance procedure. The objective of this provision is to improve the livability, appearance and security of properlies and thcir relationships to one another. Reeommendation The Planning Commission rcviewed Planning Case 06-017 and unanimously recommends approval of the Site Plan Review to construct a six foot high fence within the front yard setback based on the plans submitted and the eight findings off act. Findings of Fact: I. The proposed use will not affect parking conditions aJ1d is unlikely to affect traffic flow in the surrounding area. 2. The proposed use will not produce any additional noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, or any other nuisance characteristics. However, the fence is likely to reduce noise, glare, dust, and other nuisances for the subject property. 3. Thc proposed use will not affect drainage, 4, The proposed use will not af1ect the population density ofthe neighborhood. 5. Thc proposed use is compatible with adjacent properlies and other propelties along Lexington A venue. Many propCrlies along Lexington A vcnuc between Highway 96 aJ1d Amble Drive already have a privacy fence. The fence on the subject properly would be similar in style and height to the other fences along Lexington A venue. The other fences along Lexington A venue are also 100 percent opaque. It is unlikely the fence would have any negative impact on neighboring properlies or the City, 6. The park dedication fee does not apply. 7, rfthe City finds that there m'e unusual circumstances in this parlicular application, then the proposed use is in conformance with the requirements of the Zoning OrdinaJ1ce. The Comprehcnsive Development Plan does not comment on fences, 8. The fence will likely increasc the livability and security of the applicant's propcrty without disrupting the adjacent properties or travelers on Lexington Avenue. Based on the facts of this case, it is determined that unusual circumstances do exist that may warrant the proposed deviations from the fence regulations based on the following: a. High traffic levels on Lexington Avenue create unusually high noise and reduce privacy compared to most other rcsidential properties in the neighborhood and City. The proposcd fence would increase privacy and help to reduce some noise; b. The front yard requirements apply to two sides ofthe lot, which significantly reduces the ability to reduce noise and increase privacy with a fence; and, c, The fences on the other residential properlies along Lexington A venue are located in the rear yard where a six foot high fence is permitted. Only one other properly, which is located across the street at 1105 Amble Drive, is in comparable situation to the applicant's property. Ili14r?tro-inCI.US'lardenhillsIPlanllingIPlanninf!, Cases',2()()6i06-0f7 - Gal/us Site Plan Review (PcNDINGjl.060706 - CC Report -Gallus Site Plan Review.doc Page 2 00 e ,