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4.1 Jean and have a to their front yard adjacent to Highway 36, for privacy 8 tall 4.2 Section 1012.02B2 (Required Yards & Open Space front yard) requires fences not to exceed 4 feet in height. 4.3 The proposal by Jean and Ayub seeks to add a second fence adjacent to the chain link highway right of way fence, which lies along with north property line, then possibly along the east and west property lines from the house rear (south) wall to the north property line, to provide the family with privacy and reduce the noise generated from Highway 36. (Staff has no expectations that noise reduction can be made in an area where Highway 36 has traffic counts of 50- 70,000 vehicles per day. The fence, however, can have immediate impact by creating a visual, privacy banier.) 5.0 STAFF COMMENTS/FINDINGS: 5.1 Jean and Nasim Ayub own the lot located at 936 Highway 36. The frontage is unique. While the house front and front yard (nOlih side) faces Highway 36, there is no direct access to Highway 36. Access to the south edge of the lot is gained through a private easement from Shenen Street. There is an adjacent house at 926 Highway 36 which has a similar condition where, by Code definition, the north pOliion of the yard, adjacent to Highway 36 is defined as the "front" yard, and is very close to the right of way estimated between 35 and 50 feet. Houses to the east of 926 ShelTon have a different access point (off of Victoria), but a similar dimensional setback for their rear yards. There are no other fences along the south border of Highway 36 between Lexington and Victoria. 5.2 The Ayub parcel is slightly lower than Highway 36, especially as seen from taller vehicles on the road. This situation creates a privacy issue. Vegetation is slow growing and susceptible/damaged by high doses of highway salt spray. 5.3 5.4 No immediate (5 years or less) upgrades are planned for this portion of Highway 36, except potentially a rebuild of the Lexington A venue Bridge and ramps. No sound walls or barriers are cunently proposed. 5.5 The City Planner has reviewed this situation and determined there is justification for granting a VARIANCE to Section 1012.02B2 of the Roseville City Code. 5.6 In Section 1013 the Code states..... Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. PF3643_RVBA_(060 I 05).doc- Page 2 of 4