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STAFF REPORT To: Planning Commission Report No.: VII L From Kim Moore-Sykes,Assistant City Manager Date: March 18,2008 Subject: 2916 Silver Lake Court Fence Height Variance Requested Action: Variance to Fence Height of two (2) feet Date Application Received: January 8,2008 Property Address: 2916 Silver Lake Court Zoning District: Rl-A 60-Day Expires: March 7,2008 Waiver Letter Required: Yes X Date Sent: January 16,2008 No Future Action: Council Action: Approval or Denial of Variance Request Background: The owners of 2916 Silver Lake Court,Korrie and Dave Johnson,contacted Staff requesting a two (2)-foot variance to the City's ordinance Chapter 13,Section 1320.03,Subd. 3.Fence Size,that restricts the height of fences at the building setback or behind to six(6) feet. They indicated to Staff that the current fencing along the rear property line is seven (7) feet in height and is in need of repair. They would like to replace it with an eight(8) foot fence so that it is similar height to their northeast neighbor's fence,which abuts this portion of their fence. The Johnsons report that their property backs up to and is in close proximity to Silver Lake Road. They feel that without a taller fence,the traffic and street lights from Silver Lake Road will be disruptive to the enjoyment of their property. They also report that their neighbor has an eight(8) foot fence for the same reasons. Application Review: Staff received a completed application,appropriate fees and a written statement from the Johnson stating the situation and the hardship associated with their request for a variance to the City's Code of Ordinances. Also submitted as part of the application packet is a copy of a street map of the area and an aerial photo,both showing the subject property's proximity to Silver Lake Road. The Johnsons included bids from two companies for the sixty two (62) foot length of back fence Analysis. A variance is required because the property owner is planning to remove the seven(7)-foot fence and replace it with a solid wood,eight(8)-foot privacy fence. The current fence is higher than what is allowed by the City Ordinance and apparently existed as a non-conforming fence as there is no permit for its construction in the property file. Section 1665.06 of the City Ordinance outlines the requirements that must be addressed to qualify for a variance and the process by which a variance is granted. Subd. 3 states that no variance will be granted unless evidence presented supports the following facts: 2916 Silver Lake Court Fence Variance Staf Report.doc