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land in the same zoning district, and which cause unusual and practical difficulty or <br />unnecessary hardship to the use of a compliant fence material allowed by the ordinance with <br />the provisions sought here to be varied. <br />4. The hardship sought to be avoided is the result of (a) the applicant's own actions (self- <br />imposed or self-created), and (b) the applicant has not stated that there is an economic or <br />financial hardship for the use of an approved material which alone, should not be justification <br />for approval of the variance. <br />5. The provisions of Fence Ordinance No. 2021-044 and its amendments, that are sought to be <br />varied with an unimproved fence material, do not deprive the applicant of reasonable rights <br />to use the property that are commonly enjoyed by other properties in residential areas which <br />are required to comply with these ordinance provisions. <br />4. Public hearing to consider and take action on the petition of Doreen Ruthart of Ron Doe <br />Homes, on behalf of Charlotte Edwards, regarding a variance to the City of Paris Zoning <br />Ordinance Area Regulations, Section 9-601 on Lot 2' of 2 & WI/2 of 3, Block 2, of Tudor <br />Addition, being located at 724 NE 10th Street. <br />The applicant is constructing a single-family home as part of the HOME Program at 724 NE 10th <br />Street. When the Form Board Survey was done, it was discovered that the forms had been set with <br />a 47" side yard on the northern side of the property instead of the minimum required of 5'. The <br />applicant is requesting a 5" variance to the minimum 5' side yard setback to allow the 47" side <br />yard to remain. <br />Andrew Mack, Director of Planning & Community Development, presents case to the board. Mr. <br />Mack states that this variance is a product of miss -communication between the general contractor, <br />subcontractors, and City and was clearly unintentional. Lastly, Mr. Mack states that it would be <br />unnecessary and costly to correct the setback since it is only a few inches and therefore the City <br />staff recommends approval. <br />Mr. Walker declared the public hearing open. <br />Doreen Ruthart of 420 PR 43375, and applicant states that Mr. Mack presented the case accurately <br />and that is was merely a miss -communication of all parties. Ms. Ruthart also states that before <br />pouring, they did attempt to measure the setback and came up with 5' 2", but when the survey <br />came back it showed only 4' 7". <br />There was further discussion between the board, applicant and City staff on the proper procedures <br />and chain of events leading up to the concrete being poured. <br />Andrew Mack makes note of the input form submitted: <br />Charlotte Edwards of 724 NE l Oth St, in favor. <br />Mr. Walker declared the public hearing closed. <br />