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variances from the literal instances where their would cause circumstances to the individual property under and to such variances when it is demonstrated that such actions win be in with the spirit and intent the ordinance. "Undue as used in with the a variance means the property in cannot be to a use if used under conditions allowed the controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, win not alter the essential character of the locality. Economic considerations alone shaH not constitute an undue if reasonable use for the property exists under the terms of the ordinance.... The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect". 5.8 The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The Ayubs have options available that do not require a variance. First, they could place coniferous vegetation along the borders. However, this option does not provide immediate privacy and does little to screen vehicles and reduce noise of Highway 36. The trees are susceptible to salt damage. Second, they could install a 3 to 4 foot tall dirt berm and a 4 foot tall fence. This option, while legal, circumvents the intent of the City Code and is not supported by staff. The benn could also impact drainage on the Ayub and adjoining neighbors parcels. The Staff has determined that the property can be put to a reasonable use under the official controls if a front yard fence height VARIANCE is granted. 5.9 The plight of the landowner is due to circumstances unique to the property not created by the landowner: The property is unique of the frontage to Highway 36, but access from Sherrell. The plat was approved in 1946, while the house was built in1953 - both before the current City Code. A standard street would have lots or parcels that slope or "blend" into a curb edge, then drop down 6 inches to the street surface. The Ayub lot does not meet those criteria for Highway 36, 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 foot fence along the north side and a 6 foot fence along the east and west sides may provide some privacy. The Staff has determined that the plight of the landowner is due to circumstances unique to the neighborhood and property, and not created by the landowner. 5.10 The variance, if granted, will not alter the essential character of the locality: Although City staff was unable to find a fence taller than 4 feet along the Highway 36 corridor in this neighborhood, but there is a significant amount of vegetation - any fence should be of earthern tones to blends as much as possible. The fence would have little impact on the general public. The Staff concluded that a fence iu a residential area should not exceed 8 feet in height and that a 2 foot to 4 foot VARIANCE to Section l012.02B2 of the Rosevine City Code win not alter the essential character of the locality, nor PF3643_RVBA_(0601 05).doc- Page 3 of 4