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Item No. 1 (continued) In response to questions, Community Development Director Schroeter said that no neighbors objected to the tennis court at the hearing before the Zoning Administrator, that the distance between the court and the fence is less than standard, that no compelling reason for hardship appears to exist which would justify allowing a fence higher than the zoning ordinance allows, and that the court lights are not a subject of consideration. City Attorney Schricker said the matter is a question relating to regulation of fence height, and the applicant must establish how his property is denied privileges granted to other similar properties. Mr. Schricker said that tennis courts are allowed on residential property where the property is of adequate size to accommodate the court and meet the setback requirements designed to preserve consideration for neighbors and aesthetics. Mayor Britschgi declared the public hearing open at 7:50 p.m. Jim Ransonoff, 333 Twin Dolphin Drive landscape architect and designer of the court suggested that the requested 10 -foot fence would offer more consideration to the neighbors, since the permitted 6 -foot 4 -inch fence would mean that tennis balls could be expected to land in their yards. Mr. Ransonoff urged Council to grant the application for variance. Ronald Williams, 225 Topaz Street, appellant, presented letters from his neighbors on either side, Dale B. Miskelly of 229 Topaz and Joseph Gsech of 217 Topaz, stating they would prefer a 10 -foot fence to the allowed 6 -foot 4 -inch fence and urging the variance be granted. Mr. Williams urged that the variance be granted to allow him to play tennis without disturbing his neighbors. In response to question, Mr. Williams said that he would not be able to obtain more land from the adjacent neighbors in order to provide the required setback for a 10 -foot fence. Jack Murray, 568 Seahorse Lane, suggested that as long as neighbors do not object to a 10 -foot fence, that Mr. Williams be granted the variance. Mayor Britschgi invited anyone else present who wished to speak to do so. No one wished to speak. M /S: Stangel /Mosher to close the public hearing. Carried unanimously by voice vote and public hearing closed at 8:07 p.m. M /S: Claire /Rhodes to reverse the decision of the Zoning Administrator and grant the application for variance to allow a tennis court with 10 -foot perimeter fences and zero side yards where six feet are required at 225 Topaz Street. Reg.Mtg. 2/3/86 Page 2 MINUTE BOOK NO. 46 Page No. 159