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MOTION SECONDED AND CARRIED: Moved by Casey,seconded by Hubbard and passed by the following roll call vote to approve a site development permit for a new primary dwelling and second unit for Lands of Hau, 13901 West Edith based on the conditions of approval recommended by the Planning Commission and amended by Council. AYES: Mayor Seigel and Councilmembers Casey, Hubbard and Johnson NOES: Councilmember Tryon Commissioner Carico thanked Council for hearing the Hau application and especially thanked Tryon for her comments. She did think that the new application should have gone back to the Planning Commission. Carico also thanked Ann Jamison for her contributions to the Town and stated that she was sorrry she was leaving as Planning Director. 6.2 Request for a Variance to the Fence Height/Setback Requirements of the Zoning Code, Lands of Luke, 27177 Byrne Park Lane The staff report included the recommendation that the request for a variance be denied as the findings for a variance could not be made. The Planning Director presented a chart and an overview of the Town's requirements regarding height and placement of fences. 4110 Mr. Luke, applicant, explained to the Council that they had lived in Town for 20 years and had spent a lot of time and money on this fence. He stated that they had believed that the fence permit was part of the original building permit granted in 1982. At that time they had not built the fence due to lack of funds but at this time they were pursuing it both to keep the deer out who were destroying all of their new landscaping and also for security reasons as they traveled quite a bit. Mr. Luke further explained that the fence was an 85% see through decorative wrought iron fence which would also be mostly covered by landscaping except for the gate part. The gate was 60% completed and he had received a stop work order on the project. Mr. Luke believe it was a decorative fence which would enhance his property and his neighborhood and he believed he had a right to protect his property. He additionally commented that there were several examples of fences in the Town which were not within the Town's regulations. Casey believed that extraordinary circumstances in the Town were the large numbers of deer and she believed Council should look at this issue. Casey also commented that the shape of the lot had often been used as the basis 0 December 5, 1990 9