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street lights. Mr. Severson is proposing to replace the current fence with an eight -foot fence if a variance is 47 <br />granted: <br />The variance if granted will not alter the essential characteristics of the locality. Rebuilding the fence to eight <br />feet high will not be a detriment to the neighborhood and will more in keeping with the essential characteristics <br />of the area. Mr. Severson stated that their neighbor to the northeast has an eight (8) foot fence, for which the <br />City granted a variance. <br />Economic considerations alone 'are not the basis of the hardship. While the variance if approved, would <br />maintain the value of this property, it is not the only consideration for the property owners. They have <br />expressed a need to have a privacy fence that would reduce the amount of noise and light impacting the <br />enjoyment of their property. <br />The circumstances causinZ the hardship are unique to the individual lot. The lot is an interior, residential lot <br />built adjacent to Silver Lake Road in 1965. The Severson propose to replace the fence because it is in need of <br />repair and they would like to replace it with a higher fence, similar to the fences of their neighbor, who are also <br />adjacent to Silver Lake Road. While the situation does also affect several neighbors, it is unique to those <br />residential properties along Silver Lake Road. <br />The Rranting of the variance is in kee in with the sl2irit and intent of the Zonin Code. The Zoning Code was <br />adopted to protect the health, safety and general welfare of the City and its people. By granting this variance, the <br />Seversons will be able to install an eight foot fence that will provide some level of protection from the noise <br />from the traffic on Silver Lake Road and light shed from the street lights. <br />Action: Pass a recommend to Council to approve or deny the two -foot variance request to the City's Fence <br />Height Ordinance based on the findings of fact as derived from information presented by the applicants and <br />Staff. <br />Communications: Staff received no calls of concerns about the installation of the higher fence. <br />Attachments: <br />• Application and supporting documents <br />• Site Map <br />• Photograph of Site <br />07212009 2912 Silver Lake Court Council Fence Variane.doc <br />