The City Manager's office then forwards the request to the City Commission. He explained that the Board is empowered to swear in the applicants. Tonight, however, he did not feel it was necessary. He explained the applicant was cited by the Code Enforcement Officer for the fence height and for not properly obtaining the required permit. He said that staff has reviewed the application and concur the applicant does have a hardship.
Staff recommends approval.
Carolyn Jones questioned the fines involved in order to deter other fences erected without permits. Jack Kirschenbaum, attorney representing Brian and Nora Lawrence explained this is a replacement fence and the applicant was not aware a permit was necessary. He explained that if the variance were granted, Mr. Lawrence will obtain a permit tomorrow and then they will appear before the Code Enforcement Board and the case would be closed. Carolyn Jones ignorance of the law is no excuse. Mr. Kruger stated that Mr. Lawrence indicated he had done many repairs and he should have been aware of obtaining a permit.