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Request by Mike Kartz for an alley fence setback exception at 2103 N. 107th Street
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Submitted by:
Andy Krause
Department:
Development
A. Issue/Background
The applicant is requesting a fence code exception for an already constructed fence not meeting the 18" minimum setback located at the alley for a length of approximately 21 feet. A permit was applied for but was not issued by the Building Division
Constructed Fence
The alley side fence has a 4" setback from the property line for a length of approximately 21 feet along the alley on the West side of the property.
Allowed by City Code
Under 15.28.030A.3, fences located adjacent to an alley shall be setback a minimum of eighteen inches from the lot line.
Attachments to this report include the applicant’s narrative addressing the exception criteria, a site plan, and photos.
The applicant has a permit on file that has not been approved.
B. Recommendation
Under the exception provisions, the applicant must demonstrate to the Board that a hardship exists created by conforming to the fence regulations. The Board should consider all of the following, making findings that each of these factors applies in favor of granting the exception:
1. Whether strict application of the code would create a hardship to the property owner;
2. Whether the hardship results from conditions which are unique to the property, or unusual in comparison to the properties to which the code is generally applicable; and
3. Whether the application of the exception will be consistent with the intent of the ordinance and not impair public safety.