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131 <br /> <br /> Ms. Mohr asked what the effective distance of the fence from <br />the sidewalk. <br /> <br /> Mr. Schibler stated that it varied because the sidewalk <br />curves. He described the distances from certain points of the <br />sidewalk. <br /> <br /> Ms. Mohr stated Mr. Schibler's rear property line extended to <br />the street. She asked if this was part of the PUD by the builder <br />or was there a variance for the rear neighbor. <br /> <br /> Mr. Swift stated that it was the sideyards of his and his <br />neighbors yards. There had not been a variance for the six foot <br />fence for the sideyard. The old variance allowed ten feet which is <br />what most of the neighborhood had. Mr. Swift explained that no <br />variance is required for the wall the Mr. Schibler had built. The <br />fence that he has proposed to build is measured by the high side. <br />This would be within code. Mr. Swift stated that Mr. Schibler <br />would be in conformance with the variance if he moved his fence <br />poles. <br /> <br /> Mayor Mercer supported Mr. Schibler's request. He believed <br />that this corner was unique because the bedrooms and garage are on <br />the opposite sides as they should be. He felt that Mr. Schibler <br />basically built a safety barrier for that corner as well. He <br />understood the reasoning behind the need for the fence and wall <br />(buffer the noise, create more privacy etc.) Mayor Mercer did not <br />find it necessary for the applicant to have to move the poles for <br />such a small amount of space. <br /> <br /> Ms. Butler stated that had Mr. Schibler gone to the Planning <br />Department and got a permit he could have accomplished what he <br />wanted within the Code. He did not agree that this lot was unique <br />in respect to other corner lots in that area. He did not support <br />the request for a variance. <br /> <br /> Ms. Scribner agreed with Mr. Butler's comments. <br /> <br /> It was moved by Ms. Scribner, and seconded by Mr. Butler, <br />denying AP-92-10/V-92-7, Michael D. Schibler, the appeal of the <br />decision of the Planning Commissioner denying an application for a <br />variance from the Municipal code to reduce the required fence <br />setback for a street side yard of the residence located at 4298 <br />Fairlands Drive. <br /> <br />The roll call vote was as follows: <br />AYES: Councilmembers Butler and Scribner <br />NOES: Councilmember Mohr and Mayor Mercer <br />ABSENT: Councilmember Tarver <br />ABSTAIN: None <br /> <br />7/7/92 13 <br /> <br /> <br />