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<br /> <br />SP-9l <br />Page #2 <br /> <br />e <br /> <br />C. Section 10-010 e. states that a side yard on each <br />side of any building shall not be less than five (5) <br />feet in width. Staff contends based on past <br />interpretations Of the code that the tennis court <br />cannot be considered a building but that the adjacent <br />neighbor to the west sho~ld give written permission. <br /> <br />The applicant is proposing to locate the tennis court! in the <br />side and front yards of the proper~y because of the uni~ue <br />characteristics of the rear yard. The property has a $i~able <br />rear yards most of which consists of a moderate to severe slope <br />that declines into Rice Creek. This area~because of the <br />existing grades~ would not support such a construction and it <br />should be noted that most of the rear Yard area isin the Rice <br />Creek FloodPlain. <br /> <br />The tennis court as proposed is of a high quality design and <br />would not obstruct site line distances nor have an adverse affect <br />on Persons traveling on Rice Creek Terrace. The court should not <br />have any detrimental affect on adjacent properties. In order to <br />avoid any dfainage concernss the City Engineer should approve a <br />fin~l grading plan to be submitted by the applicant. <br /> <br />~ In summarys the application meets the requirements of a special <br />use permit and the requirements of a special purpOse fence and is <br />consistent with the intentions of the zoning code and fence <br />ordinance. <br /> <br />PLANNING COMMISSION CONSIDERATION AND RECOMMENDATION <br /> <br />EXTRACT FROM MINUTES <br />BOARD Of REVIEW <br />REGULAR MEETING <br />MAY 20. 1980 <br /> <br />Dr. & Mrs. Christensons the applicantss were present to answer any <br />questions. Dr. Christenson presented two letterss one from the <br />current property owner to the west and the second from the <br />purchaser of the property to the west. <br /> <br />e <br /> <br />Commissioner Livingston inquired if the area property owners were <br />notified and requested that staff notify property owners along <br />Rice Creek Terrace beyond the 200 feet required by code. <br /> <br />Dr. Christenson noted that he has talked to most of the neighbors <br />and none that he contacted have any objection to the proPosal. <br /> <br />Staff stated that persons beyond 200 feet would be notified of <br />the public hearing to be held by the City Council! <br />