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I PLANNING REPORT DATE: 4 November 1987 CASE NUMBER: 1799 APPLICANT: Outcomes, Inc. LOCATION• Southwest Corner of Oakcrest • and Western Avenue (see sketch) ACTION REQUESTED: Approval of Variance to Fence Height PLANNING CONSIDERATIONS: 1. As you are all aware, variances to single-family zoning code dimension requirements are normally handled as a "minor variance". This procedure, allows for consideration_ of variance issues regarding setback requirements and fence heights by the City Council if the "affected property owners" sign a statement favoring their proposal and if the Minor Variance Board unanimously approves the proposal. The Minor Variance Board consists of three appointed staff persons who conduct an administrative hearing preliminary to their decision. 2. The applicant requests approval of a 6 foot high fence within the 30 foot side yard contiguous to Western Avenue where a 4 foot fence is the maximum allowed. A 6 foot fence can be built anywhere on the lot except within 30 feet of a public right-of-way. 3. In this case, the minor variance procedure was not used because the applicants were not able to obtain the signatures of the property owners to the north of their site at the northwest corner of Oakcrest and Western Avenues. Under these circumstances, the applicant has the option of proceeding with a variance by processing the procedure through the Planning Commission and Council as is done with other types of variances in the City. Attached is a sketch showing the location of the property and a po, tion of the section map indicating the three property owners that were deemed to be affected as determined by the staff. You will note that the owners at 2543 Western Avenue (northwest corner of Oakcrest and Western) are, in fact, the least impacted since the yard in which the variance is sought is on the east side of the property and not in the 30 foot setback along Oakcrest. In this case, the fence was actually constructed prior to the processing of the variance request. Having discussed the procedures and problems with the applicant, we are confident that the erection of the fence was an honest mistake.