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�, <br /> FILE 06-3248 <br /> . November20,2006 �,l <br /> Page 1 of 3 r� <br /> ..o.. <br /> Date Application Received: 10/18/06 . <br /> Date Application Considered as Complete: 10/20/06 <br /> 60-Day Review Perio�Expii•es: 12/19/06 ' <br /> To: Chair Bremer arid Plaiuliilg Conuziission Members ' <br /> Ron Moorse, City Administrator � <br /> From: Evelyn Turizer, City Plaimer <br /> Date: Noveniber 20, 2006 <br /> Subject: #06-3248 7olui Hollander, 200 Hollander Road <br /> -Fence Height Variance <br /> -Public Heariiig � <br /> ---------------------------------------------=------------------------------------- <br /> Zoning District: RR-1B (2 acre) <br /> Lot Area: 2 acres <br /> Lot Width: 260 feet <br /> Application Summary: Tlie owner requests a fence heiglit variance to allow the existing <br /> fence to be increased to 56 inches lugh when tl�e nlaximum is 42 inches. <br /> Sta Recommendation: Plaiuluig De artment Staff recorrunends deniaL <br /> Pertinent Zoning Ordinance Sections <br /> 78-1405 Nonencroachments. <br /> (7) Fences erected in all zoizing dist�icts axe considered as a nonencroachment [in a building <br /> setback] when they conform to the following standards: <br /> a. Nonlakesliore lots. <br /> � 1. Fences and walls within a requued front yard or side sireet yard [50 feet] shall not <br /> exceed a height of 42 inches above original grade. <br /> 2. Fences and walls witlun a required rear or side yard shall not exceed a height of <br /> six feet above original grade. <br /> 78-123. Tssuances. <br /> (a) In considering applications for variance,the council shall consider the advice and <br /> reconunendation of the board of appeals a�id adjustiuents and the effect of the , <br /> proposed variaiice upoii the health, safety and welfare of the conimimity, existing and <br /> � auticipated traffic coiiditions, light and air, danger of fire,risk to the public safety, <br /> and the effect on values of propex-ty in the slurounding aiea. Before graiiting a <br /> variance,the council shall hear requests for varia�ices fiom the literal provisions of <br /> tlus chapter ui instauces where their strict enforceinent would cause undue hardship <br /> because of cucluiistaszces uiiique to the iiidividual property under coiisideration, and <br /> fo grant such variances only when it is demonstrated that such actious will be in <br /> keeping with the spirit and intent of tlus cliapter. The paraineters wiflluZ which a <br /> variance may be granted are as follows: • <br /> (1) The property in question cannot be put to a reasonaUle use if used uiider <br /> conditions allowed by the official controls. <br /> (2) The plight of the landowner is due to circutnstaiices unique to his <br /> properry not created by the laudowner. <br />