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Session 1708, Minutes 8 October 13, 1997 include Sunday sales. The all-aye motion carried unanimously. AGENDA NO. 3 - SITE PLAN AT 7568 AHERN: Mr. Ollendorff said that Dr. Raphael William's request was tabled at the August 18th Council meeting for further study. The request was for a six foot high fence at the front property line. Mr. Ollendorff said that he had recommended Council not to act on this item, because the Council did not have the authority to waive the front yard requirement. Dr. Williams has asked that this item be put back on the agenda. Mr. Williams will be proposing a different setback from the original plan. Mr. Schoomer moved that this item be removed from the table. Mr. Munkel seconded the motion, which carried unanimously. Dr. Raphael Williams, 7568 & 7577 Ahern, said that he had received a letter from the Assistant City Manager after last meeting and promptly started to research the zoning code laws. Dr. Williams feels that, beyond the first twenty-five feet, he should be able to put up the fence, yet he has received a rejection letter from the zoning administrator again. He is having a problem with this. They are following the zoning code, yet they can not get approval for the fence and he does not understand why, especially since there are similar homes with fences in the area. Mr. Ollendorff said that the zoning ordinance indicates that the required front yard setback shall be consistent with the prevailing pattern of development on the block frontage. The setback prevailing pattern on this side of Ahern is well in excess of thirty feet. The ordinance goes on to state that in no case should the frontyard setback be less than twenty-five feet. This does not apply in this case, since the prevailing pattern is in excess of thirty feet. Dr. Williams responded that the home on 7577 Ahern sets back approximately forty feet. He asked why this home was allowed to have a fence set at twenty-five feet. Looking at homes in that area, as far as prevailing patterns, there are two fences located in the front yard on Ahern in that block. Mayor Adams said that this is what Mr. Ollendorff was trying to explain, that Dr. Williams' current residence is constructed behind the prevailing pattern of the building lines. The other fences that Dr. Williams' mentioned were constructed well before the zoning codes were created and are not germane to the argument, because they were grandfathered in.