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for a variance finding and noted that the Lukes believed their fence was <br /> included in their original building permit. Casey further stated that it was <br /> an open fence and urged consistency and fairness when considering these <br /> applications. <br /> Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, noted <br /> that there was a path along Bryne Park Lane, in front of the fence and also <br /> commented that the Lukes need to roughen their driveway. <br /> Theresa McDaniel, Chairman - Environmental, Design and Protection <br /> Committee, stated that no one seemed to be addressing the issue that the <br /> Lukes built a fence without a permit and regarding the deer, she did not <br /> think they created extraordinary circumstances as practically everyone in <br /> Town had them. <br /> Bob Stutz, 25310 Elena, noted that Mr. Packard had removed one or two rows of <br /> apricots to put in his fence. <br /> Siegel commented that it seemed like the Lukes were trying to enclose their <br /> property. Johnson understood the difficulties the applicant was going <br /> through. There were inconsistencies in the Town regarding granting <br /> permission to build oversize fences. Just recently the Council had <br /> `r approved a fence for Paulnock which he had voted against. It seemed <br /> unfair to him to grant one fence and not the other. Johnson also asked if <br /> it was practical for the Lukes to move their fence and the response was no <br /> it was not. It was pointed out that the Paulnock property was surrounded <br /> by streets on three sides which made for extraordinary circumstances. <br /> Tryon agreed that there were a lot of inconsistencies regarding the fence <br /> ordinance but she was finding it very difficult to make the variance <br /> findings. <br /> MOTION SECONDED AND WITHDRAWN: Moved by Siegel, seconded by <br /> Casey motion withdrawn to continue this public hearing to the next <br /> meeting. <br /> MOTION FAILED DUE TO LACK OF A SECOND: Moved by Casey to approve <br /> the request for a variance to the height/setback requirements for a fence <br /> for Lands of Luke based on the following findings: shape of lot, location of <br /> house, right to privacy which other residents enjoy, sense of fairness, and <br /> comon sense. <br /> December 5, 1990 <br /> 10 <br />