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1 Planning Commission . 2 May 17, 1994 3 Page 3 4 5 than a 4 foot fence, Mr. Johnson replied that this would provide more privacy and would make the 6 fence uniform. Mr. Johnson stated his request is for the side yard to be designated as his back yard 7 so he can erect a 6 foot fence. 8 9 The public hearing was closed at 8:20 P.M. 10 11 Commissioner Thompson stated he drove by the property and that the posts were in. The property 12 is beautifully maintained and he thinks Mr. Johnson will maintain the fence the same way. 13 14 Commissioner Faust noted that the three conditions required to grant a variance have not been met. 15 He pointed out that this same issue came up in a concept review for the property on 37th and Silver 16 Lake Road. and the Commission did not recommend approval of that request. Faust indicated he 17 is in favor of recommending the Council decline this request. 18 19 Commissioner Makowske wondered if a hardship would be shown if, under the code, the rear yard 20 must have a depth equal to the greater of 20% of the depth line of the entire lot or 25 feet. Chair 21 Gondorchin stated that according to the strict letter of the law he would have to agree with 22 Commissioner Faust than justification of this variance is difficult. He doesn't believe that strict G3 enforcement in this case would create an undue hardship to the owner. Gondorchin added that 24 Faust's example of the house on 37th is a good one. On that case,these conditions are unique to the 25 individual lot. 26 27 Commissioner Horst said that if the house was oriented to the other houses on 36th Avenue N.E., 28 the area of the proposed fencing would be the back yard and the fence would then be in compliance. 29 Horst stated that currently it does not appear to be a reasonable back yard. and that there are peculiar 30 physical surroundings. 31 32 Commissioner Franzese said there is precedence in the City. The interpretation as to the front of the 33 house determines the yard. Commissioner Horst asked if there is a precedent for changing the 34 designation of the yard and Hamer stated there is. Franzese stated that if this is not in the ordinance, 35 it was intended to be in there for that interpretation and that this request is about interpretation. 36 37 Commissioner Horst felt that if there is precedence where the yard can be redesignated, there 38 shouldn't be a problem. Horst asked if the ordinance designates 6 feet for all but the front yard fence, 39 could the side yard fence be 6 feet. Chair Gondorchin stated that the fence from the front setback 40 to the front of the house could only be four feet. 41 42 Mr. Johnson said he applied for a variance for a 6 foot fence to the side yard setback. Chair 43 Gondorchin stated the issue is the side yard designation. Commissioner Makowske and 045 4 Commissioner Faust again discussed changing the designation, and the two-part nature of the