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August 17, 1979 <br />APPLICATION .FOR VARIANCE <br />VN-210, CHARLES BERGMAN <br />PURPOSE <br />To re-examine a request for a variance for a fence 10 feet. in <br />height_in a front yard. <br />BACKGROUN'D_ <br />APPLICANT:` Charles Bergman <br />LOCATION: 299 Oakwood Drive <br />(generally the northeast corner of 3rd Street <br />S.W. and Oakwood Drive) <br />ORDINANCE REQUIREMENT: The zoning code restricts the height <br />of a fence in a residential district to 32 feet <br />high in thefront yard-and in all other ..yards the <br />fence cannot exceed 6 feet in height pursuant to <br />Suction 13-050 d. land 2. The fence_in question <br />is 1.0 .feet high on the west-side which. would be <br />considered the front yard and it is also 10 feet <br />high on the east side which is considered the <br />.side yard. <br />PREVIOUS COUNCIL ACTION: At its regular meeting of Jul-y 9, <br />1974 City Council granted a conditional .use <br />permit for a 10 foot high fence around -thee <br />existing concrete pad subject to the following <br />conditions: <br />1. That the fence be a chain link fence with no <br />screening. material.-that could obstruct sight <br />distances. <br />2. That the owner keep the boulevard and land <br />neatly trimmed and landscaped. <br />3. Permit be granted for a 5-year period of time. <br />The appli-cant was notified that the time period established by the <br />Council in approving VN-121 has expired,. Since the applicant desires <br />that the fence remain in place; another variance will have to be <br />considered by the Council. <br />To .the best knowledge of City-Staff the applicant's fence has not <br />caused or affected any traffic.-problems on the corner of Oakwood <br />Drive and 3rd Street S.W. In:addition, the applicant has not used <br />any screening material to obstruct vision and has maintained the <br />boulevard area. <br />The applicant's reasons for the fence- is to provide a safe play <br />area for his children and their friends. :.The hardship that would <br />result from not having the fence is that the applicant and h.i-s <br />family could not fully use the concrete pad for tennis and other- <br />play activities in a safe. manner. Another hardship mentioned by <br />the applicant is that the instalration of the fence was a sub- <br />