Variance-Not to Construct a FenceI
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September 19, 1984
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Case No: 84 -34
Applicant: Ryan Construction /Walser Properties
Location: 314 West Excelsior Avenue
Request: Variance not to construct a fence abutting an R- District
STAFF FINDINGS AND COMMENTS: Anderson
1. Applicant is requesting a variance not to construct a fence along a sales lot
abutting an "R" District. The subject property is zoned B -3. The subject
property is to be used for storage of new cars, this is in conjunction with
the Conditional Use Permit request to construct a car dealership to the South.
2. Ordinance 427.36(A) requires that should an auto sales lot abutt an "R" District,
an acceptable design of screening fence 5 feet in height shall be constructed
along the abutting lot line.
3. Ordinance 427.23 states that variances shall be approved only by circumstances
unique to the property under consideration would cause undue hardship to owner.
Applicant has stated that this is the request of the adjacent homeowners not to
construct ,a fence. This was the result of a Neighborhood Committee meeting.
• 4. Approval of the variance should be contingent upon the adjacent homeowners de-
termination at a future date that a fence is needed, then a suitable screening
fence will be built.
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