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AGENDA ITEM F-2 ATTACHMENT 5 MEMORANDUM TO: Planning Commission FROM: Susan Hoyt Taff, City Planner RE: Planner's Report on the Request for a Variance from Section 9-2.06 (1) (b) AND (1) (f) (5) of the Zoning Code at 1697 North Hamline Avenue in an R-1 Zone INTRODUCTION Mr. Lammers is requesting a variance from Section 9-2.06 (1) (b) and (1)(f)(5) of the zoning code to allow him to construct a permanent eight foot high fence along his front property line and along his entire south side lot line. The proposed fence will replace a dying hedge on his property. The variance is necessary because fences are restricted to six feet in height in the side and rear yards, and to three feet in height in the front yard. To be granted a variance, the petitioner must prove to the Planning Commission and the City Council that the existing zoning code • creates a unique hardship to this property that is not found in other parts of the City in an R-1 zone. The Planning Commission and the City Council must FIND that all standards for granting a variance, 9-15.03 Subdivision 4, are met to grant a variance (see Attachment 6). UNIQUENESS AND HARDSHIP Mr. Lammers identifies two hardships that impinge on his enjoyment of his property (see Attachment 2). 1. Noise from the traffic along Hamline Avenue 2. Visual blight from the adjacent and directly opposite commercial land uses (see Attachment 4). The Commission is charged with determining the validity and uniqueness of these hardships to this particular property compared to other properties in the R-1 zones. In regard to the first hardship, traffic along Hamline, there are several examples of residences in the R-1 zone that experience the noise from traffic along Hamline Avenue, Larpenteur Avenue, Snelling Avenue and, to a lesser extent, Roselawn. Therefore, this does not appear to be a unique hardship to this property owner. And the variance would be inappropriately granted for this hardship. • 1