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the case 5.6 The property in question cannot be put to a reasonable use ifused under conditions allowed by the official controls: Mr. Konstantinides has options available to him that do not require a variance. First, Mr. Konstantinides could just replace the existing fence with a 6-1/2 foot tall regulation fence. However, this option does not provide privacy and does little to screen vehicles and reduce noise along Roselawn Avenue. Second, Mr. Konstantinides could install a 3 to 4 foot tall dirt berm and a 6-1/2 foot tall fence. This option, while legal, circumvents the intent of the City Code and is not supported by staff. The berm could also impact drainage on the Konstantinides parcel. The Staff has determined that the property can be put to a reasonable use under the official controls if a fence height VARIANCE is granted. 5.7 The plight of the landowner is due to circumstances unique to the property not created by the landowner: The property is unique because the yard slopes down from the interior to the street right-of-way, then up to the center of Roselawn Avenue. A standard street would has lots or parcels that slope or "blend" into a curb edge, then drop down 6 inches to the street surface. Roselawn is a nlral road design that incorporates a drainage ditch and raised roadway, which design makes it difficult to create privacy and reduce noise, even if installing a regulation fence. Because of the change in elevation (grade) the installation of an 8-1/2 foot fence would give the appearance of a 6-1/2 foot tall (or less) fence when viewed from the center of Roselawn Avenue. The Staff has determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner. 5.8 The variance, ifgranted, will not alter the essential character of the locality: Although City staff was unable to find a fence taller than 6-1/2 feet in this neighborhood, a slight fence height increase to counteract the elevation (grade) change from the Konstantinides yard to the roadway surface would have little impact on the general public. However, the Staff concludes that a fence in a residential area should not exceed 8 feet in height. Therefore, Staff has determined that a 1-112 foot VARIANCE to Section 1012.02B3 ofthe Roseville City Code will not alter the essential character ofthe locality, nor adversely affect the public health~ safety~ or general welfare, of the city or adjacent properties. 6.0 STAFF RECOMMENDATION: 6.1 The Community Development Department recommends approval of a 1-1/2 foot VARIANCE to Section 1012.02B3 of the Roseville City Code for Frank Konstantinides, 1911 Dellwood Avenue, based on the findings in Section 5 and the following conditions: a. The fence not exceeding a height of 8 feet measured from the existing grade to top of fence. PF3597 _ R VBA _0901 04.doc- Page 3 of 4