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• • 5.5 The plight of the landowner is due to circumstances unique to the propertv not created bv the landowner: The situation giving rise to the variance request was created by the installation of the basketball court on the neighboring property. Under normal circumstances (i.e., without the basketball court directly adjacent to and facing the applicants' yard), the existing fence would provide adequate privacy. The Planning Division has determined that the plight of the landowner is due to unique circumstances not created by the landowner. 5.6 The variance, if granted, will not alter the essential character of the locality: The situation giving rise to the variance request is unfortunate and while an 8-foot fence between neighbors may not be an ideal solution, it would not have an adverse effect on the surrounding properties or the broader surrounding area. The Planning Division has determined that the allowance of the requested VARIANCES will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare of the city or adjacent properties. 6.0 STAFF RECOMMENDATION 6.1 Based on the comments and findings outlined in Section 5 of this report, the Planning Division recommends APPROVAL of the Hornbakers' request for a 1.5-foot VARIANCE to the maximum height of a fence in a side yard, established in � 1012.02B(3) (Side Yard Encroachments), and a 4-foot VARIANCE to the maximum height of a fence in a front yard set forth in § 1012.02B(2) (Front Yard Encroachments) of the City Code, to allow the installation of the proposed fence on the residential property at 2994 Aldine Street, subject to the following conditions. a. The western end of the fence must not extend further toward the western property line than indicated on the site plan reviewed as part of the application. b. The "finished" or "good" side of the fence must face the neighboring property, consistent with § 1012.02C (Fences) of the City Code, in anticipation of the potential removal of the existing fence in the future. c. The variance shall expire 6 months of the approval date if a building permit is not issued, pursuant to § 1013.03 of the City Code. 7.0 SUGGESTED ACTION 7.1 ADOPT VARIANCE BOARD RESOLUTION 60 APPROVING THE REQUESTED VARIANCES to Section 1012 of the City Code to allow the proposed residential improvements at 2994 Aldine Street, based on the comments and findings of Section 5 and the conditions of Section 6 of the project report dated June 6, 2007. PF07-025 RVBA 060607 Page 3 of 4