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MINUTES PLANNING COMMISSION JUNE 11, 2009 Everson indicated that this would be a documentable issue that would warrant the variance. Knudsen asked why a 6 foot fence rather than 4 feet. Afroz Khan stated that she did not want to be visible to people while in her yard. Hall asked if neighbors have had similar vandalism. Khan replied that they had. Shaz Khan reported that people in the area are not leaving things out carelessly, however, anything that is left out seems to attract attention and is a cause for vandalism, etc. Hall asked if the Khan's have asked the police to patrol the area. Afroz Khan replied that they have, and the police do patrol. She reported that she does not live in a very safe neighborhood. Now with the trees gone and the security system not working, problems have escalated. Pechmann stated that he sympathized with the situation, but suggested that a lower fence may give Khan more protection as her neighbors would be able to see her. Khan noted that the fence does not extend back very far between houses, and the yard is visible to her neighbors. Hall felt it was ironic that the City would allow a wall of 30 foot high trees in a front yard, but would not allow a 6 foot high fence. Duray asked how far the fence is from the road right-of--way. The Planner noted that a fence can be 4 feet in height up to 30 feet back from the right- of-way, and 6 feet in height after that point. Duray suggested that the fence could be stepped up from 4 feet to 6 feet at the 30 foot line. Afroz Khan felt that would defeat the purpose because it would open the line of site in the front yard, but close it off to her neighbor. Duray did not feel the fence was attractive in its location. Afroz Khan noted that the fence will be lower, and indicated that she was willing to plant trees or shrubbery along the fence. Knudsen acknowledged that this was a unique situation and he was inclined to recommend approval. Knudsen indicated that the challenge is to craft a hardship that will not open up an unwanted precedent. Duray stated that he did not support the variance and felt the fence could be 4 feet in the front yard and stepped up to 6 feet. Duray did not feel there was a hardship to support the variance request. Everson felt that the safety of the City's residents, whether actual or inferred, was very important. Everson stated that if a resident does not feel safe and there is something that ca~i be done, then he was open to -10-