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.-_ . APPLICATION FOR VARIANCE VN-210, CHARLES BERGMAN Report #79-469 August 24, 1979 PURPOSE To re-examine a request for a variance for a fence'10 feet in height in a front and side yard. BACKGROUND APPLICANT: Char]es Bergman LOCATION: 299 Oakwood Drive (generally the northeast corner of 3rd Street S.W. and Oakwood Drive) ORDINANCE REQUIREMENT: The zoning code restricts the height of a•fence in a residential district to 32 feet high in the front yard and in all other yards the fence cannot exceed 6-feet in h-eight pursuant to Section 13-050 d. 1 and 2. The fence in question is 10 feet high on the west side which: would be con`- sidered the front yard__and it is also 10 feet high on the east side -•~hich is considered the side yard.` PREVIOUS COUNCIL ACTION: At its regular meeting of July 9,_1974 City Council granted a conditional use permit for a 10 foot high~fenee around the existing concrete pad subject to-the following conditions: 1. That the fence be a chain link fence with no screening material that could obstruct sight distances. 2. That the owner keep the boulevard and land neatly trimmed and landscaped. 3. Permit be granted for a 5-yeas period of time. The applicant was notified that the time periodestablished by the ` Council in approving VN-.121 has expired. Since the applicant desires that the fence remain in place, another variance wi]l have to be considered by the Council. To the best knowledge of City Staff the applicant's fence has not caused or affected any traffic problems on the corner of Oakwood Drive and 3rd `Street S.W. In addition, the applicant has not used any screening material to obstruct vision and-has maintained the boulevard area. - The applicant's reasons for the fence is to provide a safe-.play area.- for his children-and their friends. The hardship that would result from not having the fence is that the applicant and his family could not fully use the Concrete pad for tennis .anal other. play activities in a safe manner.. Another hardship mentioned by the applicant is that the installation of the fence was a substantial investment anal- it would be a'hard_ship after only..5 years of usage to have to remove -the fence.