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Section 10.03, Subdivision 15 (E) prohibits fences to exceed a height of 6'. <br />Surrounding Properties: <br />The property is located in the RR-IB two acre zoning district requiring the following setbacks for <br />tennis courts: <br />Front - 30' minimum and not within the required 50' front yard nor between the front lot line <br />and the principal structure on the property <br />Side - 30' minimum and not within the required 30' side yard area <br />Rear - 30' minimum and not within the required 50' rear yard area <br />The two adjacent properties to the north (2575 and 2605 Thoroughbred Lane) would be those most <br />impacted by the encroachment into the rear yard setback. The tennis court is proposed to be located <br />approximately 235' to the residence located at 2605 Thoroughbred Land and would be approximately <br />270' to the residence located at 2575 Thoroughbred Lane. Surveys for both properties are attached <br />to the report. <br />According to the City’s most recent topographic maps the tennis court would be located about 20' <br />lower than the two residences on Thoroughbred Lane. The elevation of the tennis court would be <br />at 1009' and the average floor elevation of the residences is approximately 1029'. <br />Court Location: <br />Because the sun is generally located in either the east or west sky it has been an industry standard <br />that tennis courts are constructed to direct play north and To accommodate a court on this <br />property and properly align the court it has beconic ' s** <o encroach 20' into the rear yard <br />setback. There is a large portion of the property that is not developed to the rear of the house that <br />couid not be used for a tennis court due to the primary mound septic system being located in that <br />area. <br />Accessory structures cannot be located closer to the street than the house. Based on the discussion <br />in the previous paragraph it is not possible to locate a tennis court on the property without requiring <br />a setback variance to the rear yard. <br />Statement of Hardship: <br />The applicant has addressed the hardship associated with the fence height exceeding 6' to avoid <br />tennis balls from going over the fence, thus requiring a 10' fence. Locating the tennis court 20' into <br />the rear yard setback is the only location available to accommodate a standard size court due to the <br />ft2570 George Stickney <br />3590 Countryside Drive <br />Variances <br />AprtUT, 2000 <br />page-2