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3.2 Section 1013.02 requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance. 3.3 Parking for the National Guard facility occurs in the on-site parking lot as well as on the street. The street was widened and accommodates parking that assists with overflow parking needs. 3.4 National Guard assembly and exercise activities, including people and equipment (mobilization of vehicles), take place during the week and on weekends. 3.5 The National Guard facility is also used for third party events and gatherings including gun shows and youth group activities that generate traffic and noise during the evening hours and weekends. 3.6 The fence of choice by the Peterson's is a wood fence with a 12-inch lattice top to visually screen the National Guard facility and reduce some on the noise. The fence height of four feet, given the parcels topography, would not provide the screening the Petersons desire. 3.7 The proposed fence would be placed on the property line along North McCarrons Boulevard and jog inward (south) to both of the garages. This is not a corner lot so there is no issue of blocking the clear view triangle. However, staff recommends that the corners of the fence as it makes its way to each of the garages, be angled to provide better view of the street. 3.8 The proposed variance is in harmony with the general purpose and intent of the City's Comprehensive plan and Title 10 (zoning) of the City Code. 3.9 Variances may be granted where the strict enforcement of the literal provisions of the ordinance would cause "undue hardship". The granting of a variance shall only occur when it can be dcmonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 3.10 "Undue hardship" as used in connection with the granting a variance means the property in question cannot be put to a reasonable use ifused under conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to the property not created by the land owner, and the variance, if granted, will not alter the essential charactcr of the locality. Specifically to this request: A. The property in question cannot be put to a reasonable use ifused under conditions a/lowed by the official controls: The City staffhas determined that the property cannot be put to a reasonable use under the official controls. The Petersons are unable to have adequate privacy from the National Guard property and North McCarrons Boulevard without construction a taller fence. PF3321 - RCA (072301) Page 2 of 4 \