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5.6 The property in question cannot be put to a reasonable use ifused under conditions allowed by the official controls: Although the could install a foot that meets the City Code requirement, the fence, given the elevation change between properties, would do little to create a private setting in the proposed Japanese garden. The proposal is to only fence the deck and a small (24 foot by 32 foot) portion of the rear yard, which design is mostly located directly behind home and viewed by only a few adjacent residents and not the general public. The Staff has determined that the property can be put to a reasonable use under the official controls if a VARIANCE is granted. 5.7 The plight of the landowner is due to circumstances unique to the property not created by the landowner: The elevation change or slope is unique, which situation creates a limited sense of privacy when installing a 6-1/2 foot tall fence. Installing a fence to a height of 8 feet would give the appearance (illusion) of a shorter fence when viewed from the properties along Roma and the fence would be partially screened by existing shrubbery. 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: The slight increase in fence height (1-1/2 feet) in this specific situation (counteract the elevation change) will generally be noticed from adjacent property owners and not the general public. The Staff has determined that the allowance of a 1-1/2 foot VARIANCE to Section 1012.02 (Required Yards & Open Space) ofthe Rosevine City Code win not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. 6.0 STAFF RECOMMENDATION: 6.1 The Staff recommends approval ofa 1-1/2 foot VARIANCE to Section 1012.02B3 of the Roseville City Code for Michael Thienes, 284 South McCarrons Boulevard, based on the findings in Section 5 and the following conditions: a. The fence not exceeding a height of 8 feet when measured from the existing grade to the top of fence. b. The fence being placed directly adjacent the rear of the home in (generally) the southwest comer of the parcel and in a 24 foot - 32 foot - 24 foot (w/gate) configuration, which surrounds a deck and Japanese garden. c. The fence being a board-on-board design as per the submitted plans of July 13, 2004. PF3593_RVBA_090104,doc - Page 3 of 4