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<br />December 8, 1977 <br />TO: The Honorable Mayor and Members of the Council <br />FROM: Barry P. Johnson, Director of Community Development {tom` <br />f? <br />SUBJECT: MacGillis and Gibbs Plan Modification <br />At its October 25 meeting the Council received a request from the <br />MacGillis and Gibbs Company to revise an approved site plan by <br />substituting a wooden fence for a row of evergreens along 5th Ave. <br />N.W. and lst St. N.W. This plan was a condition of approval, of <br />VN-167. The Council referred the request to the Planning <br />Commission with the direction to report back by this meeting. The <br />Planning Commission consideration and recommendation are attached. <br />Two additional considerations exist with regard to the request. <br />First, under present Code a 6' solid fence is not normally allowed <br />in the yards abutting a street, however, Section 13-070 f.l allows <br />higher or more solid fences where required by other sections of <br />the Code. Section 10-140 j. requires a six foot screen for out- <br />side storage. Thus, the Council can interpret the Code to allow <br />the six foot fence in the front and side street yards. <br />Second, the site plan was a condition of a variance approved by <br />the Council after a public hearing. There is a question as to <br />whether the Council can change the site plan, and therefore change <br />a condition of the variance without a public hearing. On the other <br />hand, the change might be considered to be so minor as to not <br />constitute a material change. The City Attorney's opinion on this <br />question should, perhaps, be requested.