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August 17, 2020 Page 4 d. Economic considerations alone are not the basis of the practical difficulties. 3. The variance, if granted, would be consistent with the City’s comprehensive land use plan. 4. The granting of the variance is in harmony with the general purposes and intent of the zoning code. SUMMARY AND STAFF RECOMMENDATION Side Yard Setback Variance. Staff recommends denial of the requested front yard fence height encroachment variance at 3501 Maplewood Drive based on the following findings: A. The applicant is able to construct a swimming pool, pool deck, and privacy fencing within the allowable setback. B. A pool of the size that would encroach into the front yard would exceed impervious surface standards on the lot. C. The applicant can not show unique conditions on the property that interfere with putting the property to a reasonable residential use. D. Circumstances that would lead to variance approval are the result of the actions of the owner, in violation of the requirements for variance consideration. ALTERNATIVE ACTIONS Decision 1. Variance to Side Yard Setback 1. Motion to recommend approval of the request for a variance to the front yard setback for construction of a fence of up to 6 feet in height, based on findings to be identified by the Planning Commission following the public hearing, and direct staff to prepare resolution declaring terms of the same. 2. Motion to recommend denial of the variance as requested. In the event of a recommendation for denial, the Planning Commission should adopt the findings in the staff report and/or identify other factors leading to the recommendation. 3. Request Additional Information and Table Action, subject to the submission of additional information from staff and/or applicant. ATTACHMENTS Exhibit A: Application and Supporting Material