09/27/1999 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES SEPTEMBER 27,1999 3. Park Dedication is assumed collected on the existing homestead. Park Dedication on the remaining Tract A shall be deferred until future development occurs. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Sue Walseth's Variance Request, 6408 Cassiopeia - Mary Kay Wyland (3/5 Vote Required) - Sue Walseth is constructing a new home on the northeast corner of Holly Drive and Cassiopeia Court. She has an above ground pool and a large, out -door dog, and would like to install a 6' privacy fence in her rear & side yard. The Ordinance prohibits the construction of a 6' fence from the setback line of the adjoining home on Holly Drive (40') and also along Holly Drive to the front of her home. The Ordinance would allow a 4' fence. Staff reviewed the Findings of Fact required for a variance and concluded that the criteria outlined by State Statutes and the City's Zoning Ordinance could not be met in this case. That criteria includes the following: 1. That the property in question cannot be put to a reasonable conditions allowed by the official controls. The applica fence, rather than the requested 6' fence. 2. That the plight of the landowners is due to p property not created by the landowner. typical restrictions as to fence height. 3. That the hardship is not dui use for the property ex economic. 4. That grant privilege th buildings in may set a pr d under 11 a 4' high ances unique to his a typical corner lot with considerations alone and when a reasonable s of the ordinance. The hardship is not ance requested will not confer on the applicant any special denied by this ordinance to other lands, structures, or e district. Staff has recommended denial, granting the variance dent for other fences on other corner lots. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Denial of the variance is in keeping with the spirit and intent of the ordinance which is to restrict fence height on corner lots when a rear yard abutts a front yard. The Planning and Zoning Board reviewed this variance at their September 8, 1999, meeting. Kirk Corson made a motion to deny the variance request. Motion failed with two (2) ayes, two (2) nays, and two (2) abstained. Chair Schaps was unable to attend the meeting but did send the Board a memo supporting the staff recommendation of denial. 10