SR0080793 SSNL - Laserfiche WebLink

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Applicant's Statement: "The Applicant's property is on a dead end road and is part of the existing agricultural community which currently has many other residences with fences similar in both height and placement as compared to the fence on the applicant's property. • This finding cannot be made because the property has no special circumstances. The applicant's proposed finding is not related to the size, shape, topography, location, or surroundings of the parcel. The property has not been denied a privilege enjoyed by other property in the vicinity and under identical zoning classifications; surrounding property owners within the same vicinity and with the same zoning classification are not able to construct fences of this nature under the standards and regulations of the Development Title. A fence exceeding seven (7) feet in height has been determined to be a structure, requiring structure setbacks and a building permit. As a result, the proposed fence is subject to Development Title Section 9-610.5, which requires structures to be setback a minimum of 30 feet from the street right-of-way. Finding 2: No Special Privileges The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Applicant's Statement: "The Applicant's fence is not different in size or placement from many of the other fences that are currently existing in the adjacent agricultural community.As such, the granting of the variance will not constitute a grant of special privilege as the use is consistent with many of the other residential fences in the area." • This finding cannot be made because granting this Variance will constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated.There are no limitations upon this property that are not also on neighboring properties. Finding 3: Use Authorized The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. Applicant's Statement: "The Variance Application is for the approval of the existing fence only and would not authorize a use or activity which is not otherwise expressly authorized by the regulation(s) governing this parcel of property. • This finding can be supported because the Variance application does not authorize a use that is not otherwise expressly authorized by the General Plan or Development Title. The construction of a solid fence is a permitted use in the Development Title in the AG-40 (General Agriculture, 40-acre minimum) zone, subject to a required minimum front setback pursuant to Development Title Section 9-610.5. 2