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3.8 The Community Development Department has determined that the fence section in violation of the City Code height requirement is approximately 64 feet in length. 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 if used 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. Specific to this request: A. The property in question cannot be put to a reasonable use ifused under conditions allowed by the official controls: The Community Development Department has determined that the property can be put to a reasonable use under the official controls if the fence were to be reduced to the required height of four feet. However, the front yard area that lies between Mr. Hoff's and Mr Shiely's property (north fence location) is too narrow to plant a landscape buffer for screening and privacy. Plants typically used to create a solid buffer would be coniferous species and the distance from the existing retaining wall is too narrow to accommodate these plants without the agreement ofMr. Shiely. The existing 5-112 foot opaque fence (6-112 total height with 1 foot of lattice) can provide the necessary privacy desired in the narrow strip between the two properties and eliminate headlight glare from the street and the adjacent driveway. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner: The need for the variance is due to the desire of the property owner to have a fence 6-112 feet tall to provide additional privacy and block headlight glare into the home from vehicles traveling southbound on Shady Beach A venue and using the neighboring driveway. The Community Development Department has determined that there is a topographical change that occurs on Shady Beach A venue and the Shiely driveway that can direct vehicle headlights into the Hoff home. C. The variance, if granted, will not alter the essential character of the locality: The Community Development Department has determined that constructing a fence 6-112 feet in Mr. Hoff's front yard would not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or the adjacent properties. PF3347 ReA 112601 Page 3 of5