Because the applicant would be late for his public hearing, the Board began its meeting with the approval of the minutes and Old Business. MINUTES Mr. Schwartzman moved, seconded by Mr. Sternstein to approve the minutes of Meeting Nos. 8-04 and 9-04 as amended. The motion passed on a vote of 3-0. OLD BUSINESS The Board discussed a letter asking that SPX2004-00348, Parcel 25 located at East Gude Drive at Southlawn Lane for a Class I Automobile Filling Station be dismissed because it was prematurely filed because the zoning for the site is not appropriate for the special exception. Mr. Sternstein stated that the Board needs additional information from staff regarding this application. The Board discussed the upcoming 2005 meeting calendar and the election of the new chair at the December 4, 2004 meeting. PUBLIC HEARING Variance Application APP2004-00833, Stephen Kent The applicant seeks a two and one-half foot variance from the forty-two inch height limitation in order to maintain the fence currently located in the front yard of 1 Scottview Court. An Affidavit of Posting was submitted into the record as Exhibit 1. Mr. Kent presented his request. He stated that their house is located on a corner lot with hilly terrain, which has resulted in an unfavorable situation in which they have a large front yard and an unusually small and impractical rear yard. Mr. Kent stated that they have had the existing six-foot fence for approximately seven years. He said he feels that the variance meets all of the legal requirements to allow such a variance. Specifically, the variance is not contrary to the public interest; that the variance owes to conditions peculiar to his property and is not the result of any action that he or his family might have taken, and literal enforcement of the Ordinance would result in a serious practical difficulty. Mr. Kent stated that their fence has been in place since April 9, 1997. During that period of time, it has never been the subject of complaints by his neighbors. He noted that the fence does not impair visibility of the street for motorists coming from any direction. In response to Mr. Deitchman, Mr. Kent stated that he or his wife did not apply for a fence permit in 1997. He said that their previous fence fell down and they were not aware of the necessity of having to apply for a permit. They were of the impression that the company putting up their fence was meeting the legal requirements of the City of Rockville. Mr. Kent explained that the main reason they want to retain the fence is because they do not have a back yard and this fence provides a degree of privacy. He said he noticed that there are similar fences on corner lots in the subdivision and that is why they had no idea that their fence would not meet the City code. Mr. Kent went on to explain the reasons why they need a fence. The present high fence is necessary to protect their property from wild animals that could easily jump over a forty-two inch high fence and that deer could cause damage to their property as well as inflict injury to their Tibetan terrier dogs. Without the variance, they would not have a reasonably sized useful rear yard offering a decent degree of privacy. This would not only deprive them of full enjoyment of the yard, but also decrease the relative market value of their property. Without the variance, the useful size of the rear yard would be only 1,410 square feet because of the hilly terrain. The following citizen testified: Surinder Deol, 1525 West Kersey Lane, testified in support of the variance. He said he has a similar situation with a corner lot. He said he has also replaced his fence. He said that he also received a notice from the City. Mr. Deitchman stated that the Board could not comment on his case unless it is brought before the Board for review. There being no one else to speak for or against the variance application, the Chair declared the public hearing closed. DECISIONS Variance Application APP2004-00833, Stephen Kent Mr. Schwartzman moved, seconded by Mr. Sternstein to approve Variance Application APP2004-00833, Stephen Kent per staff recommendations. The motion passed on a vote of 3-0. The Board and staff agreed that if this fence were to be replaced in the future, the Board would want to review it. ADJOURN There being no further business to come before the Board, the Chair adjourned the meeting at 10:10 a.m. NOTE: Should further details of this hearing be required, a tape recording of the meeting is available. The Planning Division maintains a tape of the meeting for a period not less than one year from the date of each meeting. | 
