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05-05-2004
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05-05-2004
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MV City Council
City Council Document Type
City Council Packets
Date
5/5/2004
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Read Variance <br />May 5, 2004 <br />Page 3 <br /> <br />The applicant is requesting a two-foot variance to have a six-foot tall fence where a <br />four-foot fence is permitted. The applicant indicates that six feet is the minimum to <br />alleviate his hardship. <br /> <br />f. The variance would not be materially detrimental to the purpose of this Title or to other <br />property in the same zone. <br /> <br />Granting a variance to allow the six-foot tall fence all the way to the front of the <br />property could, in any other area, pose a problem in terms of vehicle visibility. One of <br />the reasons tall fences are not allowed in front yards is to ensure motorists have <br />ample opportunity to be aware of their surroundings to improve safety. Another <br />reason is to foster neighborhood aesthetics—tall fences surrounding properties do <br />not project an open and inviting environment. That said, given the limited number of <br />properties in this area that could be affected, a taller fence would not necessarily be <br />detrimental to the purpose and intent of the Zoning Code. <br /> <br />g. The proposed variance will not impair an adequate supply of light and air to adjacent <br />property or substantially increase the congestion of the public streets or increase the danger <br />of fire or endanger the public safety or substantially diminish or impair property values within <br />the neighborhood. <br /> <br />The proposed fence would block the view of the property to the east, however no <br />other properties would be affected. Property values however would not be impacted <br />by the proposed fence. <br /> <br />Recommendation: <br /> <br />After holding the public hearing and taking testimony from staff, the property owner and <br />affected neighbors, the Commission will need to direct staff in one of three ways <br />regarding this request: <br /> <br />1. Draft a resolution to approve the variance as requested or as mutually amended. <br /> <br />2. Draft a resolution to deny the request based on the lack of demonstrated hardship or <br />practical difficulty. <br /> <br />3. Seek out additional information to clarify the request. <br /> <br />Respectfully submitted, <br /> <br /> <br /> <br />_____________________________________ <br />James Ericson <br />Community Development Director <br />
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