04-28-11 Zoning Board of Adjustment

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Board of Adjustment April 28, 2011 Page 3 of 4 • Allow construction of fence at 5 ft. off the property line with a reduced setback in the front yard. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the fence at the property may not create a problem with adjoining properties. A survey of surrounding properties shows this non-compliance (pre-existing & non- conforming) with the ordinance in the area. Issues to consider are impact on neighboring property and the best public interest. In this case, it appears that the fence will serve to provide a uniform setback of adjacent properties and should not be injurious to the public. The applicant wishes to construct the fence as requested by obtaining a City building permit; however, staff is unable to approve a site plan based on the conflict with the zoning regulations. In this case, it appears that the fence will serve to provide safety and security to the businesses intended to move or relocate to this area. In addition, it may prohibit any vandalism and loitering in the area. The intent is to provide a conducive environment for the safe operation of the businesses in the area. In reviewing the specific grounds for granting a variance, however, staff points out that the condition, as it exists, "...is the result of the applicant or property owner's own actions..." contrary to the provisions of Section 106- 192. Staff finds no grounds to justify "...unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." Security and safety of the property may be considered in this regard. The Zoning Board of Adjustment's final consideration is whether granting this request observes the spirit of the ordinance. Based on the facts noted in this report, the applicant's request may not be contrary with the spirit of the ordinance. Conclusion : The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: ➢ Granting the variance and allow the fence to be constructed at 5 ft. off the property line in the front yard setback. ➢ Denying the variance thereby disapproving the construction of the front yard fence.