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VN-240 December 6, 1984 Page 2 PLANNING COMMISSION CONSIDERATION: See Attached Minutes APPLICANT`S RESPONSE Attached is a letter from the applicant listing the reasons for constructing an eight-foot fence in the front yard of the building. Those items mentioned are-the large front yard setback, the berm in-the front yard, .the need for a roll back gate instead of a swinging gate, and the overall security of the property. PERMIT REQUIREMENTS: Of major discussion :air the public hearing was the .appropriateness of a special use permit ,v=~~a variance for the eight-foot fence in the front yard. Staff had ,processed an application for a special use permit based on Section 4-540 (c) (6) which states, "fences for special purposes and fences differing in construction, height, length or location from the requirements of this section may be .permitted.... by the issuance of a special use permit...."y (provided certain re- quirements are met). The Planning Commission felt a variance was a more appropriate procedure and recommended approval of a variance, not a special use permit. To clarify which approval (or both), variance or special use permit, should be used in considering fence requests I referred the matter to Charles LeFevere, City Attorney. Attached is a response from Mr. LeFevere. It is Mr.,LeFevere's opinion that both a variance or a special use permit process are applicable and can be used. However, the variance and special use permit processes should not be used inter- changeably since each type of application is different. The applicant must follow the procedural requirements of the ordinance for whichever permit is applied for. In the case of Roseville Diesel's application the location and height of the fence is made necessary by circumstances unique to the property. In addition, the applicant's initial application was for a variance. For these reasons I could support a variance application and concur with the recommendation of the Planning Commission. STAFF ANALYSIS Both myself and Ron Nienaber, Building Official met with the applicant shortly after construction of the fence began. We talked over every fence configuration we could think of that would be consistent-with the ordinance and still address the applicant's needs. The applicant felt strongly that the fence across the front of the building addressed the situation the best.