06-18-2008 - Laserfiche WebLink

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June 18, 2008 Page 2 The property at 2551 Ridge Lane is a corner lot, which is not in itself unique, however the applicants seek permission to have a 6 foot tall fence for the purpose of privacy and screening. Along the Long Lake Road side of the Malaske’s property, the grade drops a couple feet from the sidewalk to their property line where the fence is located. Many people and pets walk along this sidewalk and anything shorter than a 6 foot fence would be very easy to jump over. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. No fence greater than four (4) feet in height can be located in any front yard area within the City. The applicants, owning a corner lot, are at a disadvantage to improve the property as other homeowners might because the property has two front yards. This property is on a busy roadway with a sidewalk right next to their property line, and sits about two feet below the improved grade of Long Lake Road and the sidewalk, which is another unique factor to consider. c. That the special conditions or circumstances do not result from the actions of the applicant. The applicants cannot control the fact that their property is a corner lot with two front setbacks and a sidewalk. d. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. 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. In addition, every property owner has the right to apply for a variance to improve the function and livability of their property. Finally, similar variances have been approved for taller fences in front yard areas of corner lots. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The applicants have a nicely landscaped backyard protected by the privacy fence. To locate the fence any closer to the home would result in lost backyard area to which the applicants have been accustomed to using. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Approval of the variance in this case would not be materially detrimental to the Code or to other property in the area. Sight lines at the intersection have not been impacted by this fence.