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4. REVISIONS AND OMISSIONS TO THE AGENDA (' There were none. 5. MATTERS CONTINUED FOR DECISION There were none. 6. PUBLIC HEARINGS AND OTHER MATTERS a. PV-54, Glenn and Susan Groshans Application for a variance from the Municipal Code to allow the construction of a six- foot high solid board fence to be set back four feet from the front property line where 23 feet is the required minimum setback to be located at 668 Abbie Street. Zoning for the property is PUD-MDR (Planned Unit Development - Medium Density Residential) District. Commissioner Roberts excused herself from the dais, noting that she could not participate due to professional reasons. r- Greg Plucker presented the staff report describing the requested variance and the location of the existing fence. He provided information regarding the three findings that must be considered in granting a variance. He advised that staff is recommending that the variance as proposed by the applicant be denied, but that a variance to allow the existing fence to be retained in its present location be approved. In response to an inquiry from Commissioner Kameny, Mr. Plucker clarified that the reference in the staff report regarding the potential installation of a sport court is conceptual in nature and the intent is to point out that a variance would be required to include any equipment that would be over 30 inches in height within the 23-foot front yard setback. In response to an inquiry from Commissioner Harvey, Mr. Plucker advised that if the Planning Commission approves staff's recommendation it would be approving the fence in its present location and would not allow for the extension of the existing fence at a 14-foot setback. THE PUBLIC HEARING WAS OPENED COMMENTS FROM THE APPLICANT ,,- Glenn Groshans, 668 Abbie Street, advised that the existing fence has not been relocated and that according to the neighbors, the fence has always been in the location where it is now. He reported that there are fences in the neighborhood that are as close as three feet to Abbie Street. He stated that they are not asking for a setback that is closer than existing fences. He advised that they feel their lot is unique in that it is the widest lot in the entire development and it is the only lot that has a hill that protrudes to the front, with the exception of the adjoining lot. He noted that four of their neighbors have variances for setbacks which were granted because the PLANNING COMMISSION MINUTES December 12, 2001 Page 2