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Resolution 2002- 36 <br />Page 2 <br />The property is planned and zoned for residential use. The applicant is proposing <br />to construct a six-foot high solid wood fence for privacy and safety. <br />e. The variance, if granted, would not alter the essential character of the <br />locality in which it would be located. <br />The proposed fence would be consistent with the character of this residential area. <br />f. The variance, if granted shall not have the eject of allowing, in any <br />district, any use prohibited in the district. <br />Privacy fences are permitted in this residential zoning district. <br />g. The variance, if granted, shall not permit a lower degree of flood <br />protection than required by the ordinance. <br />The proposed fence would not be within a designated floodplain. However, a <br />portion of the fence would be within a drainage and utility easement designed to <br />convey water. Because the drainage swale is located on the property to the north, <br />and not the subject property, staff finds that the fence would not obstruct drainage. <br />Further, the fence would only encroach 15 feet into the 50 -foot wide easement. <br />This easement was in place prior to the development of this subdivision and <br />appears to be wider than necessary to accommodate drainage. <br />In the event there is high water in the swale, staff is recommending that the <br />applicant provide a 3 to 4 inch gap between the bottom of the fence and the <br />ground. <br />h. The sewage treatment system and water system of the subject property is <br />in compliance with city and state codes. <br />The proposed fence would not require any improvements to the municipal water <br />and sewer systems that serve this property. <br />ADOPTED by the City Council on August 5, 2002. <br />1 <br />F , Mayor <br />ATTEST: <br />Mary Creager, City Clerko <br />