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2296 Terrace Drive Variance Report June 4, 2014 Page 2 b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan supports improvements to properties. The applicant, owning a corner lot, is at a disadvantage to improve the property as other homeowners might because the property has two front yards. Every property owner has the right to apply for a variance to improve the function and livability of their property. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicant cannot control the fact that his property is a corner lot with two front setbacks. The corner lots are much more restricted by the City Code and many times the resident’s use and privacy of the property is limited because of these restrictions. The applicant needs the taller fence to meet his insurance requirements for the swimming pool. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. Granting the variance would not confer upon the property owner a special privilege in that most property owners do not have to work with these setback constraints. The City has approved similar variances for taller fences in front yard areas of corner lots that are along busier streets. The applicant’s lot is smaller than the current minimum lot size, and has limited backyard space available. e. The variance does not alter the essential character of the neighborhood. The 6-foot fence has been in place since 1992 so the character of the neighborhood will not change. There is less right-of-way on the east side of Jackson Drive than most streets at 8.5 feet rather than around 15 feet, but the fence does not appear to impact any sight lines, including the view for vehicles going west from Terrace Drive and turning onto Jackson Drive. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The two foot variance is the minimum variance needed since the Zoning Code limits front yard fence heights to four feet. g. The Planning Commission may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Staff does not have any suggested conditions. The applicant has already applied for the required zoning permit for the fence replacement.