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March 15, 2022 <br />Page 5 <br />(J) Retaining walls shall not be placed within any drainage, utility or ponding <br />easements unless also reviewed and approved by the City Engineer. <br />2.Representative Codes Referenced. <br />Title XV Land Usage, Chapter 150 Zoning Code, Section 150.072, Fence Regulations. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243, Conditional Use Permits. <br />3.Criteria for and Consistency with Criteria for Conditional U se Permit Approval. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.24 3, (C), lists the criteria the <br />City Council must consider in consideration of applications for a conditional use permit. <br />Therefore, the request for conditional use permit to allow a fence measuring 8 feet in <br />height in the front yard of a commercial property is subject to the following review criteria: <br />(1) The use is one of the conditional uses specifically listed for the district in which the <br />property is located. <br />(2) The City Council has specified all conditions which the City Council deems necessary to <br />make the use compatible with other uses in the area <br />(3) The use will not be detrimental to the health, safety, or general welfare of persons <br />residing or working in the vicinity or to the values of property in the vicinity. <br />(4) The use will provide a service or a facility which is in the interest of public convenience <br />and will contribute to the general welfare. <br />SUMMARY AND STAFF RECOMMENDATION <br />Staff recommends approval of the requested conditional use permit to allow a fence measuring <br />8 feet in height in the front yard of a commercial property located at 2812 27th Avenue NE <br />based on the following findings: <br />A.The proposed fence height will not negatively impact properties in the vicinity of the <br />subject site. <br />B.The owner of the adjacent single-family home to the west is supportive of the proposed <br />fence height change as it will serve to improve screening of the abutting and higher <br />intensity automotive use. <br />C.In consideration of existing maintenance issues, the new fence will visually improve the <br />area.