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3.0 STAFF COMMENT 3.1 Using the definition of a lot line "front", the parcel has a front facing west towards Huron Street; side yards facing south towards the adjacent single family home and north towards Woodhill Drive; and a rear yard towards the east. Specifically the Code reads: t! Lot Line, Front: That boundary of a lot which abuts a street, and in the case of a corner lot, it shall be the shortest dimension on a public street.)1 3.2 The proposed fence would be set back approximately nine feet from the property line adjacent to Huron Street. The fence would run north/south for a distance of approximately 32 feet, then east 21 feet to the rear (southwest comer) of the home (see attachment). The proposed fence would not obstruct any vehicular view of Huron Street or W oodhill Drive. 3.3 The uniqueness of this property has to do with the house orientation on the property. The City Code determines a front property line, in a comer lot situation, as that which is the narrowest of the two property lines fronting a public right-of-way. In the case of the Freeman parcel the true front yard is that property line adjacent to Huron Street. However, the Freeman home and garage are oriented toward Woodhill Drive, and the property has been given a Woodhill Drive address 4.0 STAFF VARIANCE FINDINGS 4.1 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" 4.2 Variance 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 demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 4.3 "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 character of the locality. Specifically to this request: A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The City has been attempting to deal with the limited options comer lots are presented when proposing development and redevelopment. However, staff has yet to create language for consideration by the Planning Commission or City Council. The Community Development staff has determined that the property is limited in development options (specific to fencing) given the home and garage orientation and the property address. PF3341 - ReA (092401 ).doc Page 2 of 3