2001_1126_packet - Laserfiche WebLink

Home

3.8 The Community Development Department has determined that the fence section in violation of the City Code height requirement is approximately 64 feet in length. 4.0 STAFF VARIANCE FINDINGS 4.1 Section 1013.02 requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance 4.2 Variance may be granted where the strict enforcement of the literal provisions of the ordinance would cause "undue hardship". The granting of a variance shall only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent of the orclinance. 4.3 "Undue hardship" as used in connection with the granting a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to the ,...a.. «,.a ,. ..�,..] L_. 4L_ 1_�J _ _� �t_ �c _ _ � �� _t. _ .t - �,r��,��y ��u� �i�a�cu uy «�c �auu uwiici, aiiu �ne variance, ii grani;ea, wiii noi aiter ine essential character of the locality. Specific to this request: A. The property in question cannot be put to a reasonable use if used u�der conditions allowed by the official controls: The Community Development Dei)aPtment has deterntinec� that the nrnnertv can hP nnt tn a rPasnnahle ncP nnrler a - - -- — — ----------- ------ ---- r--r---� ---- -- r-- -_ � ___....------ _..- ..--�-_- the official controls if the fence were to be reduced to the required height of four feet. However, the front yard area that lies between Mr. Hoff's and Mr Shiely's property (north fence location) is too narrow to plant a landscape buffer for screening and privacy. Plants typically used to create a solid buffer would be coniferous species and the distance from the existing retaining wall is too narrow to accommodate these plants without the agreement of Mr. Shiely. The existing 5-1/2 foot opaque fence (6-1/2 total height with 1 foot of lattice) can provide the necessary privacy desired in the narrow strip between the two properties and ,.1:...,.:.,...a._ L,,..,]1:.`La. ._1--- G----- `�-- - � .t _ t• � . v111111114tc 11GZtLLtt�lll �lil1G liVlll lRC SIIeCI AI1Q Tile aQ�aCeI1T QrIVeWB}/. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner: The need for the variance is due to the desire of the properly owner to have a fence 6-1/2 feet tall to provide additional privacy and hl[ick hear�lioht olarP intn the hnma frnm vPhirlPC travP�inrt ��.,,thh.,,,,,�1 n» Qh��v ------ ---^---a--- a-"-- ---••• •--" --•.•••••• �•••••• •••••••••w ...aw.vaaaa�j ovuauvvuuu vu uaauu� Beach Avenue and using the neighboring driveway. The Community Development Department has determined that there is a topographical change that occurs on Shady Beach Avenue and the Shiely driveway that can direct vehicle headlights into the tiort home. C. The variance, if granted, will not alter the essential character of the locality: The Community Development Department has determined that constructing a fence 6-1 /2 feet in Mr. Hoff's front yard would not alter the essential character of 41,n ln�.ol;1t, .,.i..o.-�.el., ..1� ..s al..,. _.L1:.. L....taL _C_� _1 _tr___ _r �ia�. iv�,aii�y� iivi auv�.i�ciy a11c�.t 111G YUUllI; 11Gi11111� J2L1GLy� Ut �CI1CI[Ll WG11ClIC� Ul the city or the adjacent properties. PF3347 RCA 112601 Page 3 of 5