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Home My WebLink About84-074 Gilligan Fence VAR - Appeal 02-19-1985 CITY OF DUBLIN PLANNING COMMISSION FilE COpy AGENDA STATEMENT Meeting Date: February 19, 1985 FROM: Planning Commission Planning Staff29 tr Appeal of Zoning Administrator's action to deny PA 84-074 E. J. Gilligan Fence Variance TO: SUBJECT: 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. / 7. I 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 was published in property owners, Notice of the February 19, 1985, hearing the Tri-Valley Herald, mailed to adjacent 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- RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING PA 84-074 E. J. GILLIGAN'S APPEAL OF THE ZONING ADMINISTRATOR'S ACTION WHICH DENIED A VARIANCE REQUEST TO ALLOW A 6' HIGH FENCE ALONG A PORTION OF A STREET SIDE YARD PROPERTY LINE, 11156 PADRE WAY WHEREAS, E. J. Gilligan has filed an application for a Variance to allow a 6' high fence along a portion of a street side yard property line at 11566 Padre Way; and WHEREAS, the Zoning Administrator did hold a public hearing on said application on January 18, 1985; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Zoning Administrator, after hearing public testimony, did deny said variance application; and WHEREAS, Mr. Gilligan did file a timely appeal of said action; and WHEREAS, the Planning Commission did hold a public hearing on said appeal on February 19, 1985; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, accordance with the Quality Act and has this application has been reviewed in provisions of the California Environmental been found to be categorically exempt; and WHEREAS, a Staff Report was submitted recommending the application be denied; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations,/and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find 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; 3) The erection street side yard this location. of the 6' high fenc~ along this portion of the has caused a poteny{ally dangerous situation at DP 83-20 EXHJB1T -L BE IT FURTHER RESOLVED that the Dublin Planning Commission upholds the action of the Zoning Administrator and does hereby deny said application. PASSED, APPROVED AND ADOPTED this 19th day of February, 1985. Planning Commission Chairman Secretary Planning Commission / DP 83-20 . c:1.(1 OuJ LLV ifJ2 ~uJ -ZLL uJLL 50 c:iz ::JO d- ..- u.J\j C:J.:::> -(T~ Z \fl zZ o () N\) ..L "3 3~.l<; ~ :;>t'1'9'M3QI'> I--.o€ l-,c1z --,..-.-------- -2<< I / 11_/// .................. . 1 9 ! 6i ! "Y. 1 . 1 ~ "2 - --' .J uJ ~ ~ Q I- Z ~ ~ 0, <! ll! r::J. ~ u. I..L. 0/0 40l w<! Ci>- L__ at ~ ~. o~l:"~~~ ~S~!~~_ ~ ipq~~ . L._._._._.___ !ll J 4 "$ UI o - V'l . . I . t- . )( .- I 4: :r: . ~ \.!T I.. ill --.9 I I >< ~ 14 :r ~~ I~ uJ .1- x:! <1\!1 ~- - Ul . :J: :r. NX .. 2 l ' 'M 1 ~~i~IS\~J . I ...... I Oz $:r~ Z_4p.. .- -- -- ---.. -. -- _.. -- -.- -- --- r---I \!1 I I 0 Z r/. - I ~ -1 l-D ~~ J l- ~ z Z~ uJ ~ Dl>"- "3 ~4 I.~ ! U. I A u.~ I ~ I L._._._._.~._._._._._._._- - ~ r- uJ uJ cI. ~ V> , ) ) c- c CITY OF DUBLIN ZONING AD~lINISTRATOR STAFF REPORT Heeting Date: January 18, 1985, 10:30 a.m. TO: Zoning Administrator FROH: Planning Staff::!JJ SUBJECT: PA 84-074, E. J. Gilligan Variance request, 115G6 Padre Hay GENERAL INFORMATION P20JECT: A request by E. J. Gilligan for a Variance to allow a G' high fence along a portion of a street side yard property line. mvNER/APPLICANT: E. J. Gilligan 11566 pacre Ivay Dublin, CA 945G8 ASSESSOR PARCEL NmlBER: 941-2752-62 EXISTING ZONING AND LAND USE: R-l-B-E (Single Family Co~bining District) Site contains a single family residence SURROUi-lDING LAND USE A;m ZmHNG: North: South: East: t-'iest: Single Fanily, R-l-B-E Single Family, R-l-E-E Single Family, R-l-a-E Sinsle Fanily, R-I-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 aoolies to a 20' radius measured from the intersection of the r~~r 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 mace in the affirmative: 1) that there are special circumstances including size, shape, topography, location, or surrouncings, applicable to the property which deprive the property of privileges enjoyed by other property in the vicinity uncer 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 t!le public welfare. Section 65906 of the State Planning and Zoning laws scates: Variances from the ter:us of t~e zoning ordinances shull 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 orcinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classificaticn. Furthec, any Variance granted shall be subject to such conditions as will a3sure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other propecties in the vicinity and zone in which suell property is situated. / ITEi! NO. A iT ACHMEtII ~ -< r c 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. ENVIROW1ENTAL REVIEW: Categorically exempt NOTIFICATION: Public published in the property owners, Notice of the January 18, 1985, hearing was Tri-Valley Herald, mailed to adjacent 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 1) 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 "nought iron) if the applicant coulC:: a:c:cest to the special resuirements of the Zoning Ordina~ce. Staff further informed the anolicant that the s~ecial conditions needed to gra~t a va~i~~c2f as resuirec by local anc s~a~e laws, did not appear to exist. Staff has reviewed the site and finds that the a~Dlicant'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. RECGtE.IENDATION FORi.1AT: 1 ) 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 hea~ing I , 2 ) 3 ) 4 ) 5 ) ACTIon: Staff recoI~~ends that the Zoning Adninistrator ado?t the attached Resolution, E:<hibit "All which denies p~ 84-074, E. J. Gilligna's Variance application a" 11566 Padre ~';ay. A'1'T,~,C[{flEn'fS Exhibit lIAII : Attachment 1: Draft Resolution Drawing showing permitted fence heights and locations Site PliJn Attachment 2: COPIES TO Applicant Building Inspection Dept. / -2- RESOLUTION NO. ZA 1-85 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN ------------------------------------------------------------------ DENYING PA 84-074 E. J. GILLIGAN'S VARIANCE REQUEST TO ALLOW A 6' HIGH FENCE ALONG A PORTION OF A STREET SIDE YARD PROPERTY LINE, 11156 PADRE WAY WHEREAS, E. J. Gilligan has filed an application for a Variance to allow a 6' hiSh fence along a portion of a street side yard property line at 11566 Padre Way; and WHEREAS, the Zoning Administrator did hold a public hearing on said application on January 18, 1985; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, accordance with the Quality Act and has this application has been reviewed in provisions of the California Environmental been found to be categorically exempt; and WHEREAS, a Staff Report was submitted recommending the application be denied; and WHEREAS, the Zoning Administrator did hear and consider all said reports, recommendations, and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Zoning Administrator does hereby find 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; 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. BE IT FURTHER RESOLVED that the Dublin Zoning Administrator does hereby deny said application. PASSED, APPROVED AND ADOPTED this 18th day of January, 1985. ~~ DP 83-20 , T . FILE COpy CITY OF DUBLIN Devclllpmcllt S~rvices P.O. Box 23.10 Dublin. CA 9'1563 Plonning'Zoning 8~9.4916 Building & Sorely 8~9.0S~~ Engineering/Public Works 829.4916 ZONING ADMINISTRATOR MINUTES January 18, 1985, Public Hearing, 10:30 a.m. Application: PA 84-074, a request by E. J. Gilligan for a Variance to allow a 6' high fence along a portion of a street side yard property line, 11566 Padre Way Mr. Tong, Dublin zoning Administrator opened the public hearing. Mr. DeLuca, Associate Planner presented the Staff Report which was a resuest for a 6' high fence along a portion of a street side yard property line. The provisions of local and state statutes governing variances were discussed. Due to the potentially dangerous situation created by the 6' high fence in terms of visibility, and that there appeared to be no special circumstances regarding the subject parcel, it was the recommendation of Staff that the variance request be denied. Mr. E. J. Gilligan, applicant, stated that there was no safety issue associated with the fence. He further stated that there was no similar situation in his immediate neighborhood; therefore, no special privilege would be granted. He said that reducing the height of the fence would highlight an eyesore. Joe Ward, adjacent property owner, stated the fence constituted a safety issue. He specifically noted blO incidents where a motorist almost hit children coming out from the yard to the street. He fu=ther noted that the continuity of the front yards along Harlan Road were adversely affected by the fence. He said other corner lots in the area had the lower fence. Rick Angrisani, representing the Gregory Group, stated that the fence was erected the way it was due to his incorrect interpretation of the Zoning Resuirements. He agreed with Mr. Gilligan that there was no safety concern. Mr. Gilligan said a reduced fence height would invite additional burglaries, such as the recent one at his house. Mr. Tong closed the public hearing. J Mr. Tong summarized the issues as noted by the various parties. He also discussed the local and state laws governing variances. Mr. Tong concluded by stating that: 1) The granting of the variance would give the applicant a special privilege; 2) There are no unusual circumstances relating to the parcel and; 3) The fence had the potential to cause an accident at this location. For these reasons, the variance application was denied. Mr. Tong filing a could be appealed by -4'~ ~~ Associate Planner (' A iT ACBMJ:NT L./ , /--....... ( '-". ( \,- '""'l' - ~ - -" ~ ~'~ January 23, 1985 Mr. Larry Tong Zuning Administrator City of Dublin 6500 Dublin Blvd Dublin, California Mr. Tong: Aopeal Of Zoning Administrator Resolution This letter shall serve as a formal appeal to the Zoning Administrators Resolution of Januar; 18, 1985, regarding PA 84-074. In conjunction with this appeal I am requesting the minutes of the January 18, hearing. Sincerely, ---,,??J if ft~'I-~ / ~ c.: '-jy k /j E. J. Gilligan \. R E C E /(\; E '1 / '-' J.:\N " (, A-- lC1.J\j-\j- ~ . 1 j A ldfl t f1 J ---' ~LSL::-'~ ~~.i'.~r~HnG r I 1 \ ~ / , I I I 11 I I> I a ,... . 0 .. ... I I .. I b I \ . I I \ I I \ I 11 \ I> :D a ,... 0 I 0 \ .. ... ,. \ '" 0 I I \ PADRE - ------ ~ " -. ct ! i I 0IJeUN HIUh ~A'l&t I, I-OT'" I~Z II I lloL.Ot;/<. A ~ 3 . VAKIANC;Ei ~U~T Tmr 4OT7 WAY t ......... __ u__ __._.__.___~___ r.zr!10ftB:JtOAN .... D'ANOB:LO "'Ut.,.-- ..... __....:.~~I:~~~~.- ~...n;--=_=:==--=::. rv .- K;~ on._