Laserfiche WebLink
VN-243 <br />Page 2 <br />PREVIOUS PLANNING <br />COMMISSION ACTION: <br />PREVIOUS COUNCIL ACTION: <br />PLANNING COMMISSION <br />CONSIDERATION: <br />See attached minutes) <br />In December of 1984 the Planning <br />Commission recommended denial of <br />Thermo King's request for a variance <br />(VN-241) to allow a seven-foot fence <br />in a front yard (see attached minutes <br />and resolution). <br />In December of 1984 the City Council <br />denied Thermo Kings's request for a <br />variance to allow a seven-foot fence <br />in a front yard (see attached mintues <br />and resolution). <br />STANDARDS FOR A VARIANCE <br />Section 8-230 of the zoning code states that variances may be granted <br />where the applicant is able to prove that the following conditions exist: <br />1. Undue Hardship. <br />2. Unique Circumstances <br />3. Applying to the Property <br />4. Conformance With the Comprehensive Plan <br />5. Not Detrimental to Adjacent Property or Public As A Whole <br />APPLICANT'S RESPONSE <br />In the attached letter the applicant states that since they moved <br />into their building one year ago they have discovered additional hard- <br />ships which they feel would warrant reconsideration of their variance <br />request. The applicant states the area enclosed by the fence is badly <br />needed for snow storage in the winter, which they had not realized <br />previously. The applicant also stresses the large right-of-way along <br />Old Highway 8 which has the fence setback over 50 feet from the curb, <br />the adjacent residential land uses and PCA's request to use the well <br />(located in the northwest.corner of the site) as a monitoring well. <br />STAFF ANALYSIS <br />As bac ground information the applicant's building was approved for <br />construction on April 10, 1984 under LP-156. The approved site plans <br />had the fence located in the correct location, in line with the front <br />of the building. The applicant changed the location of the fence upon <br />completion of the building. When informed by staff the fence would <br />have to be moved the applicant decided on the alternative and applied <br />for a variance. The variance request was for the fence both north of <br />the building and south of the southern most driveway.