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Conditional Use Permit No. 2007-22 Variance Nos. 2007-10 and 2007-12 November 26, 2007 Page 3 Setback Variance The applicant is requesting a variance to allow a reduction in the landscaped setbacks for the project. The subject site is a legal nonconforming site as the site does not comply with the setback provisions of the zoning code and has been vacant for over one year. As a result, a variance from Section 41-234 of the SAMC to vary from the minimum setback standard of 20 feet is required for this project. The building currently meets the setback standards; however, the setback adjacent to the parking lot on Baker Street is five to six feet in width. The applicant is proposing various improvements, such as adding a loading zone and trash enclosure, installing landscaped setbacks adjacent to residential uses, and striping, that will bring the parking lot into conformance with code. The requirement of a 20-foot setback on Baker Street would result in the loss of four parking stalls and would result in a site that does not comply with the parking standards. Staff is supportive of this variance as a reduction in parking could have an adverse impact on the adjacent properties as the loss of the parking stalls could result in parking on City streets that currently are impacted by a high demand for street parking. Fence Variance The applicant is also requesting approval of a variance to maintain the existing six-foot high chain link fencing along the property lines. Section 41-610 of the SAMC requires fences on street frontages to be a maximum height of three feet on non-arterial streets (Sixth and Baker Streets) and prohibits chain link as a fencing material. The applicant is proposing to maintain the existing fence as the fence, in conjunction with the existing landscaping, serves as an amenity to the site. The chain link fence is currently screened by a mature hedge that is six feet in height. The removal of the fence would result in damage to the existing landscaping and most likely lead to its removal. Although the six-foot high fence in the front yard setback could be a barrier to the Police and Fire Departments, both departments have determined that the fence would not impact their ability to respond to calls for service. Further, the applicant is proposing to remove the visible (two pedestrian entry gates and vehicular entry gate) chain link fencing material that is no longer permitted in the residential zoning district and replace it with decorative wrought iron. 31 B-4