2000 Planning Commission Packets

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. _ ___________ �i _ ,�__ — - � . - � — - ----- Brunes Variance Apri15, 2000 Page 3 of 5 e. f. !.: --- - --- �: -- . �_ _ --- - - �. No other property owners are allowed to build fences in their front yard in excess of eight feet. That the variance requested is the nzinimum variance which �vould alleviate the hardship. Economic conditions alone shall not be considered a hardship. The variance requested is the minimum necessary to screen the subject property from the adjacent property and its occupants. The applicant indicated a willingness to "step down" the height of the fence as it approaches the front of the property. The variance would not be materzally detrimental to the purpose of this Title or to other property in the same zone. Given the circumstances, staff does not feel the variance request would be materially detrimental to the purpose of this Title or to other property in the same zone. g. The p�•oposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public stt�eets or increase the danger of ftf•e or endanger the public safety or substantrally diminish or impazr property values within the neighborhood. The proposed fence would not impair a supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. As stated at the last meeting, it is clear that the property is not a factor in this request, in that the property is not oddly configured, nor is it topographically challenged or situated in such a way as to necessitate the tall fence. The strict interpretation of the Code does not deprive the applicant use of the property. In this situation, it is the neighbors who are allegedly depriving the applicants of their right to peaceably enjoy the use of their yard. While staff can appreciate the applicants' frustration, tall fences in a front yard do not promote community spirit or neighborhood cohesion. Recommendation: Based upon the above assessment, public testimony and previous discussions, staff recommends that the Planning Commission approve Resolution 615-00, a resolution DENYING the variance request of Gregory and Elizabeth Brunes for an eight-foot tall fence in the front yard of their property located at 8438 Groveland Road. James Ericson, Planner G:�DATA\GROUPS\COMDfiV�DEVCASES\VR00-002�Brunes RepoR - April 19, 2000.doc