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r1 1983 .;� <br />SEP 2 FacE 701 <br />a required front yard setback of 20 feet on both 2nd Street and <br />16th Avenue. It was the determination of the Planning staff <br />that the fence should be located in the buildable area of the <br />lot rather than within the 20 foot front yard setback. By <br />doing so, the approval would be granted for a 6 foot fence in <br />the side yard, instead of a 6 foot fence in the front yard. <br />The permitted height of a side yard fence is 5 feet, while the <br />permitted height of a front yard fence is only 3 feet. <br />RECO14MENDATION <br />The Planning Department staff recommends that the conditional <br />approval granted by the Planning and Zoning Commission be <br />upheld and the appeal by Mr. O'Connell be denied. <br />Mrs. Pat O'Connell informed the Board that she and her <br />husband only received notice of the Planning & Zoning <br />meeting an hour prior to the meeting, and she did not feel <br />all this would have occurred if they had been given proper <br />notice. Mrs. O'Connell commented that she had talked to her <br />neighbor, who also happens to work for the Planning <br />Department, and learned that it would be necessary to get a <br />variance to put up a fence which would afford them privacy <br />in their pool. She explained that they did get a permit for <br />the first part of the fence along the rear, and then when <br />the fenceman came, they had saved more money and told him to <br />put up the rest of the fence. Mrs. O'Connell pointed out <br />that eleven others on the same street and with corner lots <br />have the same size fence, and they have been unable to <br />locate a neighbor who objects to their fence as evidenced by <br />the following signed statement: <br />TO WHOM IT MAY CONCERN <br />I am a neighbor of Jerry & Patricia O'Connell <br />and I have no objection to the height or the <br />location of the fence constructed on their property. <br />