CC RES 09-065 RESOLUTION FOR A VARIANCE FOR FENCE HEIGHT FOR AN ADDITIONAL TWO (2) FEET FOR 2912 SILVER LAKE COURT

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• Findings: 1. The variance, if granted, will not alter the essential characteristics of the locality. Rebuilding the fence to eight (8) feet will not be a detriment to the neighborhood and will be more in keeping with the essential characteristics of the area. The Seversons have reported that their neighbors to the northeast each have an eight (8) foot fence. 2. The property cannot be put to a reasonable use without the variance. The Seversons propose to replace the back fence with a fence that will act as a barrier to vehicular noise and lights from the commercial properties on the east side of Silver Lake Road,which are outside the corporate boundaries of the City of St. Anthony,and are therefore not subject to the City's ordinances. Allowing the variance to the back fence height will maintain their property values and continue the City's goal of keeping housing stock that is safe and livable. 3. The circumstances causing the hardship were not created by the owner. The current house was built in 1968, at a time when there were less traffic on Silver Lake Road. Additionally,due to the slope of the backyard, the six-foot fence currently in existence is located on the lowest • elevation of the property and is not sufficient to buffer traffic noise or street lights. Mr. Severson is proposing to replace the current fence with an eight- foot fence if a variance is granted. 4. Economic considerations alone are not the basis of the hardship. While the variance if approved would maintain the value of this property, it is not the only consideration for the property owners. They have expressed a need to have a privacy fence that would reduce the amount of noise and lighting impacting the enjoyment of their property. 5. The circumstances causing the hardship are unique to the individual lot. The lot is an interior, residential lot built adjacent to Silver Lake Road in 1968. The Severson propose to replace the fence because it is in need of repair and they would like to replace it with an eight-foot fence, similar to their neighbors' fences. 6. The granting of the variance is in keeping with the spirit and intent of the Zoning Code. The Zoning Code was adopted to protect the health, safety and general welfare of the City and its residents. By granting this variance, the Severson will be able to install an eight(8) foot back fence that will provide some level of protection from the noise created by the traffic on Silver Lake Road and from light shed by the commercial properties on the •