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CC Min 1994-08-01
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CC Min 1994-08-01
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7/5/2005 2:48:33 PM
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7/9/2004 4:37:59 PM
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CC Index
CC Index - Document Type
Minutes
Date
9/1/1994
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<br /> The Property is operated by the applicant as a care facility for the elderly, and has <br /> been so operated for approximately fourteen (14) years. The appropriateness of the use of <br /> the Property is not at issue on this appeal. <br /> 3. Appellants filed a timely appeal from the granting of a variance. Appellants have <br /> lodged with the City Clerk a petition in support of the appeal bearing the signatures of <br /> persons owning, or having some interest in, properties in the vicinity of the Property <br /> (including the signature of Appellants). <br /> 4. The ramp is proposed to facilitate access by the elderly residents of the Property <br /> to the deck area, which area extends along the Property line contiguous with Appellants' <br /> property. <br /> 5. As an elderly person care facility, visitors frequent the Property. The use of the <br /> ramp in conjunction with the decked area increases the intensity of use of the side yard <br /> adjacent to Appellants' property. <br /> 6. Appellants, and the occupants of Appellants' residence, have experienced <br /> intrusion upon their privacy by the residents and visitors of the Property. Such intrusion <br /> includes staring into the windows of Appellants' property, waving, gesturing, or otherwise <br /> acknowledging interest in, and scrutiny of, Appellants' property and the occupants thereof. <br /> 7. The proposed ramp would allow persons exiting the French doors the opportunity <br /> to linger at an elevation above the ground sufficient to intrude further upon the privacy of <br /> Appellants by engaging in the above-described conduct. Further, said ramp would <br /> encourage more extensive use of the decked area than now exists, likewise to the detriment <br /> of Appellants' tranquillity. <br /> 8. The installation of stairs, in lieu of the ramp, would lessen the aforesaid intrusion <br /> upon the privacy of Appellants. Appellants do not object to the installation of stairs. <br /> 9. The evidence is conflicting as to whether the elevation of the deck is one-foot or <br /> less throughout the entire area over which it extends. The staff report indicates that a <br /> portion of the deck area does exceed the one-foot limitation of Section 32.11d. Statements <br /> at the hearing suggest that the entire area of the deck may not exceed said limitation. <br /> 10. The existing fence between the Property and Appellants property extends to a <br /> height of six feet. The variance as granted by the Zoning Administrator requires, as a <br /> condition thereof, that said fence shall be increased to a height of seven feet. <br /> 11. Extension of the height of the fence to seven feet will, to some extent, reduce the <br /> intrusion by the residents and guests of the Property upon the privacy of Appellants. <br /> '-- <br /> MINUTE BOOK NO. 52 <br /> Page No. 342 Regular Meeting Minutes <br /> August I, 1994 <br /> Page 8 <br />
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