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STAFF REPORT 6 To: Mayor and Council City Manager From: Kim Moote-Sykes, Assistant City Manager Date: July 28, 2009 Subject: Fence Height Variance — 2912 Silver Lake Court Requested-Action- Date e uestedAction: Date Application Received: Property Address: Zoning District: 60 -Day Expires: Waiver Letter Required: Public Hearing May 26, 2009 2912 Silver Lake Court R1 -A July 24, 2009 Yes X Date Sent: June 29, 2009 No Future Action: Council Action on the Fence Height Variance Request for 2912 Silver Lake Court Background: The owner of 2912 Silver Lake Court, Mr. Ronald Severson, contacted Staff about the process for obtaining a two (2) -foot variance to the City's fence ordinance at Subsection 150.072, (C) Fence Size. The City's ordinance restricts the height of fences at the building setback or behind to six (6) feet. Mr. Severson reported that he is requesting to be able to replace his 6 -foot back fence with an 8 -foot back fence. He explained that his property is adjacent to 2916 Silver Labe Court, the owners of which were granted a 2 -foot variance in 2008 to install an 8 -foot back fence to block out traffic noise and street lights from Silver Lake Road. Mr. Severson indicated that he too, has to deal with the same traffic noise and street light -issues from Silver Lake Road. Application Review As part of the application process, the applicant is required to provide evidence that discloses facts that are unique to the subject property. Section 152.245 of the City Ordinance outlines the requirements that must be addressed to qualify for a variance and the process by which a variance is granted. Specifically Section 152.245 (C) states that no variance will be granted unless evidence presented supports the following facts: Strict enforcement would cause undue hardship because: Theproperty cannot be tut to a reasonable use without the variance. Mr. Severson proposes to replace kis back fence with a fence that will be two feet higher than the current fence 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 1968, at a time when there were less traffic on Silver Lake Road. Due to the slope of the backyard, the six-foot fence currently in existence is located on the lowest site of the property and is not sufficient to buffer traffic noise or 07212009 2912 Silver Lake Court Council Fence Variarice.doc