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STAFF REPORT To: Planning Commission Report No.: VII.1 From: Kim Moore-Sykes,Assistant City Manager Date: July 21, 2009 Subject: Fence Height Variance — 2912 Silver Lake Court Requested Action: Public Hearing Date Application Received: May 26, 2009 Property Address: 2916 Silver Lake Court Zoning District: R1-A 60-Day Expires: July 24, 2009 Waiver Letter Required: Yes X Date Sent: June 29, 2009 No Future Action: Background: The owner of 2912 Silver Lake Court,Mr. Ronald Severson, contacted Staff about the process for obtaining a two (2)-foot variance to the City's fence ordinance at Subsection 150.072, (C) Fence Size. The City's ordinance restricts the height of fences at the building setback or behind to six (6) feet. Mr. Severson reported that he is requesting to be able to replace his 6-foot back fence with an 8-foot back fence. He explained that his property is adjacent to 2916 Silver Lake Court, the owners of which were granted a 2-foot variance in 2008 to install an 8-foot back fence to block out traffic noise and street lights from Silver Lake Road. Mr. Severson indicated that he too, has to deal with the same traffic noise and street light issues from Silver Lake Road. Application Review: Staff provided Mr. Severson with information about the application and approval process for obtaining a variance, including a timeline. He attended a concept review before the Planning Commission to explain his request and receive input from the Commission. Staff received Mr. Severson's submitted a completed application on May 26, 2009. As part of the application process, the applicant is required to provide evidence that discloses facts that are unique to the subject property. Section 152.245 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. Specifically Section 152.245 (C) states that no variance will be granted unless evidence presented supports the following facts: Strict enforcement would cause undue hardship because: The property cannot be put to a reasonable use without the variance. Mr. Severson proposes to replace his back fence with a fence that will be two feet higher than the current fence to act as a barrier to vehicular noise and street lights, maintaining their property values and to continue the City's goal of keeping housing stock that is safe and livable. 07212009 2912 Silver Lake Court PH Fence Variance.doc