06-11-09 Planning Comm. Agenda - Laserfiche WebLink

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The City must make the determination as to the degree of hardship with regard to this application. The six-foot tall fence allows the motion detector security system to work at its fullest potential, which provides peace of mind to the property owners. The fence provides a certain level of security, privacy, and protection, which is not an unreasonable use of a residential property. Granting the variance and allowing the fence to be taller than four feet in height does not grant any special privileges to the property owners, but provides the applicant rights, such as safety and protection, which are commonly enjoyed by other properties in the same district. In addition, the special conditions and circumstances that exist on this property are not economic in nature, nor have they resulted from the actions of the applicant/property owners. Therefore, it appears that a genuine hardship does exist in complying with the literal terms of the Ordinance. Summary and Recommendation Planning staff believes that the applicant has demonstrated the required hardship to justify approval of a six-foot tall fence. This conclusion is based on the following findings of fact: A. The proposed action will not: impair an adequate supply of light and air to adjacent property; increase the congestion in the public street; increase the danger of fire or endanger the public safety; diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance; or violate the intent and purpose of the City Comprehensive Plan; B. The proposed variance will assist in making reasonable use of the properties; and C. A genuine hardship exists in complying with the literal terms of the Ordinance, as presented in the previous section titled, "Conclusion." And subject to the following conditions: 1) Applicant shall receive a fence permit through the City; 2) The exact distance of the fence to the front property Tine/right-of-way shall be submitted to the City through a revised site plan. (Applicant shall verify the location of the existing property lines through locating the property corners or submitting a survey); and 3) The City Building Official shall inspect the location and construction of the fence. pc. Kathy Glanzer Lee Elfering Steve Westerhaus Michael Pelzer, 2849 Centerville Rd, Little Canada, MN Afroz Khan, 2837 Centerville Rd, Little Canada, MN 4