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1 Planning Commission <br /> 2 May 17, 1994 • <br /> 3 Page 2 <br /> 4 <br /> 5 Staff Report <br /> 6 <br /> 7 Interim City Manager Lary Hamer told the Commissioners that this is a request for a six foot fence <br /> 8 forward to the front yard setback. The lot is an "odd" lot with a 20 foot back yard, which makes it <br /> 9 difficult to put a fenced in area there. The 6 foot fence would come to the front yard setback holding <br /> 10 it back from the road's right-of-way line. Mr. Johnson stated that they were also asking to have their <br /> 11 side yard designated as a back yard. This would let them have the normal function of a back yard. <br /> 12 <br /> 13 <br /> 14 Interim City Manager Hamer stated that the normal corner lot size is 90 feet; the Johnson's house <br /> 15 is facing 36th Avenue N.E., so the configuration is odd. <br /> 16 <br /> 17 Commissioner Makowske asked Interim City Manager Hamer if the Commission can define front <br /> 18 versus side yards. Hamer replied that the Commission could recommend to the City Council to do <br /> 19 so and that this type of action has precedence. <br /> 20 <br /> 21 Commissioner Horst asked if this was a unique situation. Interim City Manager Hamer stated that <br /> 22 the Johnsons have a 90 foot frontage, and an average back yard is 130 feet by 90 feet. The Johnson <br /> 23 lot has 130 feet at the front of the house and 75 feet at the side of the house,which is usually the long <br /> 24 end of the lot so the house is sitting in an unusual way. Horst stated that he had seen the site, and <br /> 25 it seems to be the only one with the house facing 36th Avenue N.E.. Hamer stated that the house <br /> 26 across the street is set facing that street, and other houses are also facing it. The Johnson's house <br /> 27 should have faced Harding. <br /> 28 <br /> 29 Commissioner Faust stated the house should have faced the 90 foot side of the lot. Further, he felt <br /> 30 that there are two variance requests,one for designation of having the fence in the side yard setback <br /> 31 and one for the height of the fence. Interim City Manager Hamer stated that the fence height is <br /> 32 related to the setback. The fence cannot be placed forward to the setback and be more than four feet <br /> 33 high, and the Johnsons are asking for a six foot fence. Faust asked if the back yard fence can be 6 <br /> 34 feet high. Hamer stated that a fence from the front setback to the rear of the property can be six feet <br /> 35 in height. <br /> 36 <br /> 37 Commissioner Faust asked if the fence would go from lot line to lot line on 36th Avenue N.E.. Mr. <br /> 38 Johnson responded that what is allowed is fifteen feet from the curb or thirty.feet from the center of <br /> 39 the road. Hamer stated that the drawing shows the lot but not the city right-of-way. Commissioner <br /> 40 Faust asked how many feet beyond the house the fence extended. Mr. Johnson indicated it was 30 <br /> 41 feet. Faust asked if that was 30 feet from the front of the house and Commissioner Bergstrom asked <br /> 42 if that was from the street. The fence will be 15 feet from the street. Hamer stated that owners are <br /> 43 allowed to put a fence up to the right-of-way,the only difference is the height. They are allowed to <br /> 44 put a 4 foot fence up without a variance. Chair Gondorchin verified that the issue is the height of • <br /> 45 the fence, not the placement. When Faust asked Mr. Johnson why he wanted a 6 foot fence rather <br />