07-11-2016 Council Packet - Laserfiche WebLink

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Planning Staff Recommendation The placement of a fence in a park must be viewed as a principal structure, and the impacts prevented by the ordinance must be viewed against this type of improvement, rather than more typical building construction. Staff’s analysis of the practical difficulty statement showed that practical difficulty could be satisfied, summarized below. The corresponding numbers from the practical difficulty form are in parenthesis. The use of the property is a reasonable use (1), unique circumstances exist because the property is operated as a public park (2), and the variance wouldn’t alter the character of the locality (3). The fence location is chosen to provide more benefit to the public, and is in fact more expensive than staying within the ordinance (4). The special conditions are perhaps the strongest argument, in that there is no principal structure on the property, the fencing system serves as the principal improvement, and its’ construction is far less obtrusive to the goals of the ordinance than a building (8). The variance granted, for an off leash public park would not apply to other properties in the zoning district (9), and the variances allow the expansion of the public benefit of the park (10). The improvements being proposed are intended to blend into the landscape, and will not impair the health, safety, morals of the public, nor circumvent the zoning ordinance (11). Lastly, the fencing is not proposed as a convenience, but as a means to maximize the benefit to the public (12). Items 5-7 do not apply. Because the practical difficulty can be met, Staff recommends approval of the variances. Action Requested: Direct staff to prepare a resolution based on Council decision. List of Exhibits: Exhibit A. Revised Park Plan dated July 1, 2016 Exhibit B. Practical Difficulties Form Exhibit C. Correspondence received Exhibit D. Planning Commission staff report Exhibit E. Draft PC Minutes