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3. The new chain link fence shall not be constructed in the street intersection visibility triangle. 4. The existing fence constructed in the ROW until such time as the fence is removed by the land owner or the city for any reason and at any time in the future. Upon removal, it shall not be replaced or reconstructed in the street ROW. 5. There shall be no increase or intensification of the non -conforming fence conditions allowed. Staff Recommended Find in s of Fact 1. Unique circumstances do exist on the property and surrounding properties that make application of specific requirements in this article unduly burdensome on the applicant. 2. The proposed construction of this fence will be in keeping with the appearance and condition of the surrounding neighboring properties and will not adversely impact the character of the neighborhood. 3. The variance will not have any anticipated adverse impact on current or future development, provided the fence is not constructed in the city street ROW. 4. The variance is in keeping with the spirit of these regulations and will have a minimal impact, if any, on the surrounding land uses. 5. There are proposed revisions under consideration for the fence regulations which may, once approved, afford a different standard for front yard fences on residentially zoned properties outside of the historic district in the city. 6. The variance will have no adverse impact on the public health, safety, and general welfare provided the fence is not obstructing visibility at the intersection and is constructed outside of the street ROW. 7. No increase or intensification of the non -conforming fence conditions will be allowed in the street ROW and therefore no further negative impacts upon the public street will occur with approval of the variance. 8. A financial hardship is not a consideration in relationship to this request for approval of and the granting of a variance. 4. Public hearing to consider and take action on the petition of Derrick Hill, on Lot 6, Block B, of the Suburban Estates, being located at 1030 Mockingbird Lane. The applicant requests a variance of Section 9-401 Area Regulations of the Zoning Ordinance which provides as follows: 9-401 (1) Schedule maximum building coverage -Residential districts Maximum percent of lot area which may be covered by a building. A-15% The applicant is proposing to construct a 978SF shop at 1030 Mockingbird Lane exceeding the allotted 15% building coverage by 5.1%. Specific Variance of 5.1% or 758.3SF is requested. Public hearing was declared open.