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April 12, 2022 <br />Page 4 <br />The site is considered a “double frontage lot,” having street frontage along both 27th <br />Avenue NE to the north and Kenzie Terrace to the south. Recognizing that direct lot access <br />is not available from the north, the area south of the building is considered the “front yard.” <br />According to Section 150.07(C)(2) of the City Code, no fence serving a commercial use may <br />be over 6 feet in height within a required front yard setback. The Code further states that <br />fences may extend to a total height of 8 with a security arm for barbed wire if a conditional <br />use permit is obtained. Within General Commercial zoning districts, the required front yard <br />setback is 35 feet or a distance equal to the average of the front yard depths on the two <br />adjacent lots. <br />The City Code sets out a series of criteria necessary to qualify for conditional use permit <br />consideration. Those criteria are found in §152.24s, (C) of the Zoning Chapter, and are <br />included in a latter section this report. It is the opinion of Staff that the proposed increase <br />in fence height satisfies the referenced conditional use permit evaluation criteria and will <br />serve to improve compatibility between the automotive business and adjacent single-family <br />home. <br />Some concern with both the existing and proposed fence relates to traffic visibility as the <br />existing fence extends to abutting alley’s right-of-way line. According to Section 150.072 (D) <br />of the City Code… <br />No fence shall be placed in such a manner as to materially impede vision between a <br />height of two and one-half (2 ½ ) feet and ten (10) feet above the centerline grades of <br />the intersection of a street and alley or driveway such that a clear line of vision is <br />possible of the intersecting street from a distance of fifteen (15) feet along the edge of <br />the street and along the alley or driveway, and a third line connecting the other sides, <br />unless otherwise required or approved by the Zoning Administrator or other Authorized <br />Agent. <br />It is acknowledged, however, that the proposed increase in fence height will have no impact <br />on existing traffic visibility conditions. <br />As a condition of conditional use permit approval, it is recommended that the new fence <br />meet all applicable fence construction requirements as outlined in Section 150.073 of the <br />Code and reiterated below: <br />(A) Fences and walls shall be constructed in a manner and of such materials that do <br />not adversely affect the appearance of the neighborhood or adjacent property <br />values. Fences shall not be constructed from poultry netting (chicken wire), <br />welded wire, snow fence, branches, or materials originally intended for other <br />purposes, unless upon the showing of a high degree of architectural quality <br />achieved through the use of such materials, and prior approval is granted by the <br />Zoning Administrator or other Authorized Agent. <br />(B) Fences and walls hereafter erected shall be durable, weather resistant, rust <br />proof, and easily maintained.