PC-95-36 - Laserfiche WebLink

Resolution No. PC-95-36 Page 3 The conditions of approval, the applicant's site and building design, and the proposed operation of the use will ensure that the establishment remains within the standards of all applicable City codes. C. The proposed conditional use will comply with each of the applicable provisions of this chapter. The site's residential zoning permits the establishment of nursery schools and, as interpreted by staff, childcare centers. The proposed childcare center complies with all relevant sections of the zoning ordinance, except for the height of the fence in the front yard. Granting a conditional use permit to the applicants for the childcare center is consistent with the City's ability to regulate zoning as listed in Municipal Code Section 18.124 "Conditional Uses". WHEREAS, the Planning Commission made the following variance findings: A. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. The rationale for limiting the height of fences in the front yard setback are both practical and aesthetic. Practically, many residential lots are accessed via a driveway along the front property line. The installation of fences over 30 inches in height along the front property line would obstruct the views of drivers entering or exiting their driveways, putting pedestrians and other vehicles at risk. Aesthetically, the City's desire is to maintain curbside appeal in its residential neighborhoods by restricting fencing to allow homes to be "displayed", to avoid the appearance of a walled community, and to allow for landscaping in the front yards to be visible to add to the streetscape appearance. Special circumstances which would apply to this lot are its location, surroundings, and use. There are no adjacent driveways or other properties which would be affected by the installation of a 48-inch high open fence.