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HomeMy WebLinkAboutRes WA-12-07I 941MV V 1110911 a U KPI a ag MMMOMMIMIMM WHEREAS, application Case No. WA- 12-07 was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Case No. WA-12-07 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the reli( welfare and without 5 governing the City of I Y I I ri t T r, 0 A standard for a fence wi ante from the four-foot maximum height root yard resulting in a six-foot fence in the front (R-2) located at 4755 Simms Street. 1. The subject property will continue to yield a reasonable return in this case and will function as a two-family dwelling if the variance is approved, 2. Granting the variance will not alter the character of the neighborhood as a six-foot privacy fence within a residential front yard will not create a visual impact since it does not extend the full length of the front yard. 3. There are no physical conditions or other irregular conditions present on the property or in the neighborhood that would preclude a fence from being constructed in a manner that complies with the fence height regulations. Due to the confusion upon the initial inquiry to the city and by the lack of understanding on the part of the Board of adjustment Resolution No. WA-12-07 Page 2 of 2 applicant, this situation has been created. Only a portion of the "front yard" is involved with the construction of the present six-foot fence. 4. The noncompliant fence was constructed by the property owner and, therefore, the lack of understanding and confusion from communications with city staff has resulted in the need for a variance. 5. An anonymous complaint was received and a letter of support was received. 6. A six-foot fence previously existed and, although placed further back on the property, it was still visible. Further, a new fence stands out more but will eventually weather and will not be as noticeable. WITH THE FOLLOWING CONDITION: 9 0 9 9 9 9 a RM 1 111 , 011 ADOPTED and made effective this 26th day of April, 2012. r V Ann azzeri, Secretary L Thomas A% i ottha m i AZ, I Board of justment Board of Adjustment