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5048 Greenwood Variance Report September 18, 2013 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. 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. When the applicant’s house was built, the builder placed it close to the north end of the property in order to give more separation from County Road H. The house has a 15 foot side setback on the north side and approximately a 65 foot setback from the south property line. A big portion of this home’s backyard is considered the front yard according to the City Code. e. The variance does not alter the essential character of the neighborhood. The proposed fence will be setback about 16 feet from the edge of the County Road H pavement so it should not impact sight lines, include the view for vehicles going south from Greenwood Drive and turning onto County Road H. There are other homes along County Road H that have been granted variances for 6-foot tall fences in their front yards due to how busy this road is. 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.