Every yard that abuts a street is considered a front yard per our code. And so that’s why part of what is functionally their backyard would only be allowed a four foot fence without a variance.

But the I think the, the big one for planning Commission was the unique circumstance question. Does this property have a unique circumstance or a combination of circumstances that are truly unique, that make it practically difficult to comply with the code while still meeting the spirit of the code? I still getting kind of a a typical use of their property

The staff report acknowledges this fact and it says, quote, this. The proposed fence is consistent with the existing conditions of the neighborhood, unquote, the character of the neighborhood with respect to fences was already established before we moved in to conclude that adding one more fence, just like others that already exist, would impact the character of the locality, is a logical fallacy.

However, it’s the totality of the conditions that we experience rather than an individual or small group of claims that create a unique of circumstance, which the staff report does not contemplate.

A five foot fence would similarly be ineffective. A six foot fence is the lowest standard fence site that would allow us to use our yard in a way that the city has already agreed is reasonable.

city staff also addressed that being like it was really fine line between yes or no. And the leaning was seemed a bit more towards the side on on the fact of finding, um, reviewing all this and working through it, it seems like there are a very unique circumstances to the property being that you have. Yes, there’s two roads, but unlike this corner, there is a third. Um, uh, non, it’s a right of way, but it’s not a road right of way.