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HomeMy WebLinkAbout84-074 Gilligan Fence VAR CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT Meeting Date: March 18, 1985 TO: Planning Commission FROM: Planning Staff SUBJECT: Appeal of Zoning Administrator's action to deny PA 84-074 E. J. Gilligan Fence Variance GENERAL INFORMATION PROJECT: PA 84-074, E. J. Gilligan Variance application to allow a 6' high fence along a portion of a street side yard property line, 11566 Padre Way. OWNER/APPLICANT: E. J. Gilligan 11566 Padre Way Dublin, CA 94568 ASSESSOR PARCEL NUMBER: 941-2752-62 EXISTING ZONING AND LAND USE: R-l-B-E (Single Family Combining District) Site contains a single family residence SURROUNDING LAND USE AND ZONING: North: South: East: West: Single Family, R-l-B-E Single Family, R-l-B-E Single Family, R-l-B-E Single Family, R-l-B-E APPLICABLE REGULATIONS: Section 8-60.55 states, in part, that the maximum height of a fence at a corner lot along the street side yard, where said lot is adjacent to a key lot, shall be 4'. The 4' limitation applies to a 20' radius measured from the intersection of the rear and street side yard property lines. Section 8-93.0 of the zoning Ordinance states that, in order to grant a Variance, the following findings must be made in the affirmative: 1) that there are special circumstances including size, shape, topography, location, or surroundings, applicable to the property which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification; 2) that the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone; 3) that the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare. Section 65906 of the State Planning and Zoning laws states: Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Further, any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. ----------------------------------------------------------------- ITEM NO. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property. The provisions of this section shall not apply to Conditional Use Permits. ENVIRONMENTAL REVIEW: Categorically exempt NOTIFICATION: Public Notice of the February 19, 1985, hearing was published in the Tri-Valley Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: Mr. Gilligan is requesting a Variance to Section 8-60.55 of the Zoning Ordinance to allow a 6' high fence along a portion of the street side yard property line. This portion of the street side yard is more specifically described as a 20' radius measured from where the street side yard and rear property lines intersect. (See Attachment 2) .The intent of this section is to provide adequate light, air, open space and a reasonable level of visibility for motorists, pedestrians and cyclists, particularly at an intersection. Both the Police and Planning Departments have received complaints regarding the lack of visibility at this corner. The adjacent property owner has informed Staff that he witnessed a potentially serious accident when a child ran out onto the street from behind the 6' high fence. On several previous occasions, Staff has informed the applicant to correct the problem by either lowering the fence to 4', or replacing the fence with a see-through fence, (such as wrought iron) if the applicant could attest to the special requirements of the Zoning Ordinance. Staff further informed the applicant that the special conditions needed to grant a Variance, as required by local and state laws, did not appear to exist. On January 18, 1985, the Dublin Zoning Administrator held a public hearing on Mr. Gilligan's request for a variance. After hearing public comments from the owner, builder, and adjacent property owner (see Zoning Administrator minutes, Attachment 4), the Zoning Administrator denied the variance application. The basis for the denial was that: 1) The Variance request, if approved, would give the applicant a special privilege not enjoyed by others in the same Zoning District; 2) There are no unusual circumstances relating to lot size, configuration, or topography associated with Mr. Gilligan's property that would justify granting a variance; and 3) The erection of the 6' high fence along this portion of the street side yard has caused a potentially dangerous situation at this location. On January 25, 1985, Mr. Gilligan filed an appeal of the Zoning Administrator's action (See Attachment 5). In conclusion, staff has reviewed the site and finds that the applicant's parcel does not have the special conditions necessary to grant a variance and, further, a potentially dangerous situation has been created by the erection of the 6' high fence. -2- RECOMMENDATION FORMAT: 1) 2) 3 ) 4)" 5 ) Open public hearing and hear staff presentation Take testimony from applicant and the public Question staff, applicant and the public Close public hearing and deliberate Adopt Resolution regarding the Variance, or direct Staff to make revisions and continue hearing ACTION: Staff recommends that the Planning Commission deny the appeal and uphold the zoning Administrator's decision which denies PA 84-074, E. J. Gilligan's Variance application at 11566 Padre Way. ATTACHMENTS 1) Exhibit "A": Draft Resolution 2) Fence drawing from zoning Ordinance 3) Zoning Administrator's Staff Report 4) Zoning Administrator's Minutes 5) Letter of Appeal 6) Site Plan COPIES TO Applicant Building Inspection Dept. -3-