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~~4~ . REQUEST FOR COUNCIL ACTION DATE: 10-14-91 ITEM NO.: í3-1 Department Approval: ~ Item De~;iP ion: Manager Reviewed: Agenda section: ~ Consent Susan Cormican request for a ~inor variance at 3115 Evelyn Street. Background: 1. City ordinances require that 6 foot high fences be set back at least 30 feet from the property line adjacent to streets. 2 . Susan Cormican is requesting a variance to allow her to construct a 6 foot fence which would have a 10 foot setback from the property line adjacent to County Road D. 3. The Minor Variance Committee unanimously recommends approval of Susan Cormican's request for a variance. The Minqr Variance Committee felt this was a reasonable request because the slope of the lot to the west into the adj acent storm water retention pond prevents the applicant from providing a fenced in area on the west side of the property. The Minor Variance Còmmittee further recommended that because of the storm water line easement alonq County Road D, the applicant provide a gate on the east side of the fence centered over the storm water pipe to allow access in case there was a problem with the storm sewer line in the future. No trees should be planted in the area of this gate also. 4. Adjacent neighbors support the variance request. Alternatives: 1. Deny the variance based on the finding that no hardship is present and require that the fence be setback the required 30 feet or the height of the fence be reduced to 4 feet to comply with the ordinance. 2. Approve the variance based on the finding of a hardship. Policy Obiectives: 1. To insure that development occurs in accordance with the City's zoning ordinance. 2. To grant variances where hardships exist. staff Recommendation: