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4 <br />STAFF REPORT <br />To: City Council Report No.: <br />From: Kim Moore -Sykes, Assistant City Manager <br />Date: March 25, 2008 <br />Subject: 2916 Silver Lake Court — Fence Height Variance <br />Requested Action: Variance to Fence 1 -Leight of two (2) feet <br />Date Application Received: January 8, 2008 <br />Property Address: 2916 Silver Lake Court <br />Zoning District: R1 -A <br />60 -Day Expires: March 7, 2008 <br />Waiver Letter Required: Yes X Date Sent: January 16, 2008 No <br />Planning Commission: Approval of Variance Request <br />Council Action: Approval or Denial of Variance Request <br />Background: The owners of 2916 Silver Lake Court, I.'orrie and Dave Johnson, contacted Staff requesting a <br />two (2) -foot variance to the City's ordinance Chapter 13, Section 1320.03, Subd. 3. Fence Size, that restricts the <br />height of fences at the building setback or behind to six (6) feet. They indicated to Staff that the current fencing <br />along the rear property line is seven (7) feet in height and is in need of repair. They would like to replace it with <br />an eight (8) foot fence so that it is similar height to their northeast neighbor's fence, which abuts this portion of <br />their fence. The Johnsons report that their property backs up to and is in close proximity to Silver Lake Road. <br />They feel that without a taller fence, the traffic and street lights from Silver Lake Road will be disruptive to the <br />enjoyment of their property. They also report that their neighbor has an eight (8) foot fence for the same <br />reg sons. <br />Application Review: Staff received a completed application, appropriate fees and a written statement from the <br />Johnson stating the situation and the hardship associated with their request for a variance to the City's Code of <br />Ordinances. Also submitted as part of the application packet is a copy of a street map of the area and an aerial <br />photo, both showing the subject property's proximity to Silver Lake Road. The Johnsons included bids from <br />two companies for the sixty-two (62) foot length of back fence <br />Analysis. A variance is required because the property owner is planning to remove the seven (7) -foot fence and <br />replace it with a solid wood, eight (8) -foot privacy fence. The current fence is higher than what is allowed by the <br />City Ordinance and apparently existed as a non -conforming fence as there is no permit for its construction in the <br />property file. <br />staff 2916 silver lake court <br />