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i~ 7~~~ ---~--. Report #79-4.69 August 24, 1979 • APPLICATION FOR VARIANCE VN-210, CHARLES BERGMAN PURPOSE To re-examine a request for a variance for a fence: l0 feet in height in a front and side-yard. : BACKGROUND APPLICANT: Charles Bergman LOCATION: 299 Oakwood Drive (generally the northeast corner of 3rd Street S.W. and Oakwood Drive) ORDINANCE REQUIREMENT: -The-zoning node 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 height pursuant to S:ectioh 13-050 d. 1 and 2. The fence_in question is 10 feet high on: the west side whinh would be co'n- sidered the front yard and it is also 10 feet high on the east side which 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 fence around the existing concrete pad subject to the fol]owing conditions: 1. That the fence be a chain link fence with no screening material that-could obstruct sight distances. 2. T-hat the owner keep the boulevard and land neatly trimmed and landscaped. 3. Permit be granted for a 5-year period of time.. The applicant was notified that the time period-`.established by the Council in approving UN-121 has expired. -Since the applicant desires that the fence remain in place, another variance will have to be consitiered 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 and other play activities in a safe manner.: Another hardship mentioned by the ;applicant is -that the installation of°the fence was a substantial investment and it would`be a.hardship after only.5 years of "usage to have to remove. -the fence.