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Zoning Board of Adjustment <br />June 27, 2013 <br />Page 2 of 3 <br />• The property at 123 South 17t' Street has a chain link fence within <br />the front yard setback. <br />Analysis: Section 106-192(b)(1), of the Code of Ordinances, defines a variance as a <br />deviation from the literal provisions of the chapter, which is granted by the <br />Board when strict conformity to the chapter would cause an unnecessary <br />hardship because of the circumstances unique to the property on which the <br />variance is granted. <br />Section 106-1 defines fence as "...a manmade structural barrier erected on or <br />around a piece of property or any portion thereof." <br />Except as otherwise prohibited, the Board is empowered to authorize a <br />variance from a requirement when the Board finds that all of the following <br />conditions have been met: <br />❖ That the granting of the variance will not be contrary to the best public <br />interest. <br />❖ That literal enforcement of the chapter will result in unnecessary <br />hardship because of exceptional narrowness, shallowness, shape, <br />topography or other extraordinary or exceptional physical situation <br />unique to the specific piece of property in question. "Unnecessary <br />hardship" shall mean physical hardship relating to the property itself as <br />distinguished from a hardship relating to convenience, financial <br />considerations or caprice, and the hardship must not result from the <br />applicant or property owner's own actions; and <br />❖ That by granting the variance, the spirit of the chapter will be observed. <br />Regarding this request, the relief being sought to: <br />• Allow a newly constructed fence at the property line within the front <br />yard setback. <br />In determining if granting the applicant's request would be contrary to the <br />public interest, Staff recognizes that development of the fence at the property <br />line may not create a problem with adjoining properties, as most of the <br />public front of this property is along North 16t' Street. <br />In viewing the specific grounds for granting a variance, however, staff points <br />out that the condition, as it exists, "...is the result of the applicant or property <br />owner's own actions..." contrary to the provisions of Section 106-192. <br />However, staff finds no grounds to justify "...unnecessary hardship because <br />of exceptional narrowness, shallowness, shape topography, or other <br />extraordinary or exceptional physical situation unique to the property in <br />