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171 / PUBLIC HEARINGS Appeal of Lonnte Chase of a decision of the BOard .of Adjustment..denyt~g a request. for a variance for the retention of ~n' over-helMht fence in the required exterior side setback of pro.perty..lo~ated at 4205 Echo Court Mr. Harris presented his report (SR 81:295) dated August 31, 1981, regarding this matter. Councilmember Kephart abstained from participation in this item due to Conflict of Interest. Mayor Mercer declared the public hearing open. Mr. Lonnie Chase, 4205 Echo Court, stated he felt he was Justified in building the fence because of teenage vandalism problems, and that he should be allowed to keep the fence because of this unusual circumstance. He cited other variances that had been granted and stated he felt he was being singled out. He requested Council to approve his appeal for the protection and health, safety, and welfare of his family and property. Mr. Kellar, 4277 Echo Court, stated he had known Mr. Chase for six years. He stated the fence did not create any problem and in fact did Justice to the neighbor- hood. He stated he felt Council should be more concerned with people who litter the City rather than with those who make improvements. Mr. Kellar added there were more hazardous situations on their Court than Mr. Chase's fence. Mrs. Trudy Lehn, 4125 Holland Drive, stated she walks around the block everyday and she feels the fence in question is beautiful, and that people who try to keep up there property should be encouraged. She cited a hazardous situation at 4061 Holland Drive. Mrs. Elaine Chase, 4205 Echo Court, showed Council a large rock which had been thrown through the window of their house, narrowly missing her, and her child. She stated she felt this was an assault on her life, and is sufficient reason to allow the fence. Mayor Mercer read a communication from Dorene Fanene Carroll in opposition to the fence. No one in the audience spoke in opposition to this item. There being no further testimony, Mayor Mercer declared the public hearing closed. After discussion, it was moved by Councilmember Wood, and seconded by Mayor Mercer, that Resolution No. 81-299 be adopted, reciting findings that unusual cir- cumstances exist and that the health, safety, and welfare will be improved, and approving the appeal of Lonnie Chase of a decision of the Board of Adjustment deny- ing a request for a variance for the retention of an over-height fence in the re- quired exterior side setback of property located at 4205 Echo Court. The roll call vote was as follows: AYES: Councilmembers Mohr, Wood, and Mayor Mercer NOES: None ABSENT: Councilmember Butler ABSTAINED:Counctlmember Kephart 3. 9/8/81