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Section 1665.06 of the City Ordinance outlines the requirements that must be addressed to qualify for a variance 15 and the process by which a variance is granted. Subd. 3 states that no variance will be granted unless evidence presented supports the following facts: Strict enforcement would cause undue hardship because: The property cannot be put to a reasonable use without the variance. The Johnsons propose to replace the fence with a fence that will continue to act as a barrier to vehicular noise and street lights, maintaining their property values and to continue the City's goal of keeping housing stock that is safe and livable. The circumstances causing the hardship were not created by the owner. The current house was built in 1965, at a time when there were less traffic on Silver Lake Road. The seven -foot fence was in existence at the time the Johnsons purchased the property. 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. The Johnsons have reported that their neighbor to the northeast has an eight (8) foot fence and again, their seven -foot fence has been in place for several years. Economic considerations alone ate 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 1965 with the current owners purchasing the property in 2004. The Johnsons propose to replace the fence because it is in need of repair and they would like to replace it with a similar fence to their neighbor. 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 Johnsons 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. By granting this variance, the Johnsons feel they will have their general welfare secured. 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 one phone call asking about this variance application process. The caller stated he had no concerns about the installation of the fence. Attachments: • Resolution staff 2916 silver lake court