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3.2 Section 1013.02 requires the applicant to demonstrate a physical hardship and to <br />demonstrate that no practical alternatives e�st that would reduce the need for a variance. <br />3.3 Parking for the National Guard facility occurs in the on-site parking lot as well as on the <br />street. The street was widened and accommodates parking that assists with overflow <br />parking needs. <br />3.4 National Guard assembly and exercise activities, including people and equipment <br />(mobilization of vehicles), take place during the week and on weekends. <br />3.5 The National Guard facility is also used for third party events and gatherings including <br />gun shows and youth group activities that generate traffic and noise during the evening <br />hours and weekends. <br />3.6 The fence of choice by the Peterson's is a wood fence with a 12-inch lattice top to <br />visually screen the National Guard facility and reduce some v� the noise. The fence <br />height of four fect, given the parcels topography, would not provide the screening the <br />Petersons desire. <br />3.7 The proposed fencc would be placed on the properiy line along North McCarrons <br />Boulevard and jog inward (south) to both of the garages. This is not a comer lot so there <br />is no issue of blocking the clear view triangle. However, staff recommends that the <br />corners of the fence as it makes its way to each of the garages, be angled to provide better <br />view of the street. <br />3.8 The proposed variance is in harmony with the general purpose and intent of the City's <br />Comprehensive plan and Title 10 (zoning) of the City Code. <br />3.9 Variances may be granted where the strict enforcement of the literal provisions of the <br />ordinance would cause "undue hardship". The granting of a variance sha11 only occur <br />when it can be demonstrated that such an action will be in keeping with the spirit and <br />intent of the ordinance. <br />3.10 "Undue hardship" as used in connection with the granting a variance means the properiy <br />in question cannot be put to a reasonable use if used under conditions allowed by the <br />official controls, the plight of the land owner is due to circumstances unique to the <br />properiy not created by the land owner, and the variance, if granted, will not alter the <br />essential character of the locality. Specifically to this request: <br />A. The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls: The City staff has determined that the <br />property cannot be put to a reasonable use under the official controls. The <br />Petersons are unable to have adequate privacy from the National Guard property <br />and North McCarrons Boulevard without constructio� a taller fence. <br />D <br />PF332 1 RCA (07230 1) Page 2 of 4 <br />