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FILE # 16-3832 June 20, 2016 Page 3 of 4 improvements proposed are consistent with a park, which is a permitted use (publically owned parks and playgrounds). b. There are circumstances unique to the property not created by the landowner; The fence location is preferred to avoid invasive work within the wooded area. The trees were not planted by the property owner. c. The variance will not alter the essential character of the locality. The fence design is intended to blend into the park character which is rural. The fences are designed to blend into the landscape and will be minimally visible from the street and off the property. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property is used as a public park. This classification is peculiar to the subject parcel and not applicable to other lots in the zoning district. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The unique conditions do not generally apply to other land or structures in the district. The majority of land developed within the wetland and shoreline districts are single family residential. Approving a variance for public park improvements would not apply directly to other land uses. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The ordinance provisions were drafted primarily to apply to the predominant land use in the city, single family residential. Applied to a park use, the enjoyment of the property is threatened because the ideal park and open space incorporates vegetation, slopes, wetlands, and water features. The fencing proposed is the minimal amount necessary to grant relief from the ordinance while preserving a substantial right of the property owners. 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The fence as proposed will not block views from neighboring properties, and due to its design and distance from the lake, will not be visually impactful from the lake. The fence is not located along the northern property line, further negating any impact to these property owners and maintain wildlife passage. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Location of the fence at the setback and at the necessary height is not merely a convenience, it is the planned efficient use of city resources to create a desirable experience for park users. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The improvements do not include plumbing. Temporary restrooms are provided on site.