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Last modified
7/17/2007 1:51:23 PM
Creation date
4/12/2005 10:55:05 AM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3347
Planning Files - Type
Variance
Address
1897 SHADY BEACH AVE N
Applicant
BRADLEY HOFF
Status
Approved
PIN
132923410018
Date Final City Council Action
8/19/2002
Date Final Planning Commission Action
11/14/2001
Planning Files - Resolution #
10029
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<br />3.8 The Community Development Department has determined that the fence section in <br />violation of the City Code height requirement is approximately 64 feet in length. <br /> <br />4.0 STAFF VARIANCE FINDINGS <br /> <br />4.1 Section 1013.02 requires the applicant to demonstrate a physical hardship and to <br />demonstrate that no practical alternatives exist that would reduce the need for a variance <br /> <br />4.2 Variance may be granted where the strict enforcement of the literal provisions of the <br />ordinance would cause "undue hardship". The granting of a variance shall only occur <br />when it can be demonstrated that such an action will be in keeping with the spirit and <br />intent of the ordinance. <br /> <br />4.3 "Undue hardship" as used in connection with the granting a variance means the property <br />in question cannot be put to a reasonable use if used under conditions allowed by the <br />official controls, the plight of the land owner is due to circumstances unique to the <br />property not created by the land owner, and the variance, if granted, will not alter the <br />essential character of the locality. Specific to this request: <br /> <br />A. The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls: The Community Development <br />Department has determined that the property can be put to a reasonable use under <br />the official controls if the fence were to be reduced to the required height of four <br />feet. However, the front yard area that lies between Mr. Hoffs and Mr Shie1y's <br />property (north fence location) is too narrow to plant a landscape buffer for <br />screening and privacy. Plants typically used to create a solid buffer would be <br />coniferous species and the distance from the existing retaining wall is too narrow <br />to accommodate these plants without the agreement ofMr. Shiely. The existing <br />5-1/2 foot opaque fence (6-1/2 total height with 1 foot oflattice) can provide the <br />necessary privacy desired in the narrow strip between the two properties and <br />eliminate headlight glare from the street and the adjacent driveway. <br /> <br />B. The plight of the landowner is due to circumstances unique to the property not <br />created by the landowner: The need for the variance is due to the desire of the <br />property owner to have a fence 6-1/2 feet tall to provide additional privacy and <br />block headlight glare into the home from vehicles traveling southbound on Shady <br />Beach Avenue and using the neighboring driveway. The Community <br />Development Department has determined that there is a topographical change that <br />occurs on Shady Beach Avenue and the Shie1y driveway that can direct vehicle <br />headlights into the Hoffhome. <br /> <br />C. The variance, if granted, will not alter the essential character of the locality: <br />The Community Development Department has determined that constructing a <br />fence 6-1/2 feet in Mr. Hoffs front yard would not alter the essential character of <br />the locality, nor adversely affect the public health, safety, or general welfare, of <br /> <br />PF3347 RPCA 111401 Page 3 of 4 <br />
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