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� �.- screening as would be required for a new building. The Planning Division has determined that the plight of the landowner is due to unique circumstances not created by the landowner. 59 The variance, if granted, will not alter the essential character of the locality: The proposed fence will not affect other residential properties and will establish the level of screening that is anticipated by the City Code. The Planning Division has determined that the allowance of the requested vAwANCE 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 7.0 8.0 STAFF RECOMMENDATION Based on the comments and findings outlined in Section 5 of this report, the Planning Division recommends APPROVAL of Mrs. Lasser's request for a 2.5-foot VARIANCE to the maximum height of a fence in a front yard, established in §1012.02B(2) (Legal Encroachments) of the City Code, to allow the installation of a privacy fence on the residential property at 3012 Old Highway 8, subject to the following conditions. a. b. c. d. The fence screening the adjacent apartment shall not exceed 6.5 feet in height; Fences in all other locations on the property shall conform to the standard zoning requirements; Driveway area that is less than 5 feet from the southern property line shall be removed and the area shall be planted with grass or otherwise landscaped; and The variance shall expire 6 months from the approval date if a fence permit is not issued, pursuant to § 1013.03 of the City Code. SUGGESTED ACTION ADOPT VARIANCE BOARD RESOLUTION 83 approving the requested VARIANCE to Section 1012 of the City Code to allow the proposed residential improvements at 3012 Old Highway 8, based on the comments and findings of Section 5 and the conditions of Section 6 of the project report dated October 1, 2008. NEXT STEPS 8.1 The decision of the Variance Board is final unless an appeal is filed. The appeal period remains open for 10 days from the date of the decision, and an appeal may be made either by the applicant or by another Roseville property owner. 8.2 An appeal must be submitted in writing to the City Manager by NOON on October 13`�', 2008 for a hearing before the City Council. 8.3 If no appeal is filed, a building permit may then be issued, and Community Development staff will mail the resolution approving the variance to Ramsey County for recording against the subject property. Prepared by: Associate Planner Bryan Lloyd Attachments: A: Area map B: Aerial photograph C: Site photos D: Narrative E: Site plan F: Draft of Variance Board Resolution #83 PF08-040 RVBA 090507 Page 3 of 3