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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. Due to the slope of the backyard, the six-foot fence currently in existence is located on the lowest site 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. The variance, if granted,will not alter the essential characteristics of the locality. Rebuilding the fence to eight feet high will not be a detriment to the neighborhood and will more in keeping with the essential characteristics of the area. Mr. Severson stated that their neighbor to the northeast has an eight (8) foot fence, for which the City granted a variance. 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 light impacting the enjoyment of their property. 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 a higher fence, similar to the fences of their neighbor,who are also adjacent to Silver Lake Road. While the situation does also affect several neighbors,it is unique to those residential properties along Silver Lake Road. 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 people. By granting this variance, the Seversons will be able to install an eight foot fence that will provide some level of protection from the noise from the traffic on Silver Lake Road and light shed from the street lights. Action: Pass a recommend to Council to approve or deny the two-foot variance request to the City's Fence Height Ordinance based on the findings of fact as derived from information presented by the applicants and Staff. Communications: Staff received no calls of concerns about the installation of the higher fence. Attachments: • Application and supporting documents • Site Map • Photograph of Site 07212009 2912 Silver Lake Court PH Fence Variance doc