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Home My WebLink About4.06 Ashcroft Fence Variance AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 12, 1989 REPORT PREPARED BY: Rod Barger, Senior Planner SUBJECT: PA 88-133 Appeal of the Planning Commission's decision to deny a Variance request to allow a 7'7" high fence (now existing) where a maximum height of 6 feet is permitted at 11452 Winding Trail Lane. EXHIBITS ATTACHED: Exhibit A: Draft Resolution reversing the Planning Commission's action denying PA 88-133 Ashcroft Fence Height Variance request at 11452 Winding Trail Lane. RECOMMENDATION: ■ `.,��) Review Draft Resolution (Exhibit A) . 2) Adopt Draft Resolution reversing the Planning Commission's action denying PA 88-133 ` Ashcroft Variance, approving the request to allow a 7'7" high fence (now existing) where a maximum height of 6' is permitted. FINANCIAL STATEMENT: None DESCRIPTION: BACKGROUND On May 22, 1989, after hearing presentations by Staff, the Applicant and the public, the City Council voted to overrule the Planning Commission's action denying Gordon Ashcroft's fence height variance appeal request at 11452 Winding Trail Lane. The Council determined that: 1. there are special circumstances applicable to this request which warrant granting the variance; 2. the granting of the Variance would not constitute a grant of special privileges; and 3. the granting of the Variance would not be detrimental to the neighborhood. Prior to taking final action on the variance appeal, the Council directed Staff to draft a resolution which overturns the decision of the Planning Commission and approves the Applicant's request. The Council requested that the resolution include the necessary legal findings and conditions of approval supporting their position. Staff has drafted this resolution and it is attached for the Council's review (Exhibit A) . It should be noted that the City Attorney has reviewed the resolution. He has indicated that the findings, as well as the conditions of approval, adequately support approval of the fence height variance request. Staff recommends that the Council adopt this resolution as a consent calendar item. COPIES TO: Applicant /% Owner ITEM NO. �;f -,. PA 88-133 "' RESOLUTION NO. a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN REVERSING THE PLANNING COMMISSION'S ACTION DENYING PA 88-133 ASHCROFT VARIANCE, APPROVING THE REQUEST TO ALLOW A 7' 7" HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM OF 6 FEET IS PERMITTED AT 11452 WINDING TRAIL LANE WHEREAS, Gordon Ashcroft filed an application for a Fence Height Variance • from Section 8-60.55(d) of the City's Zoning Ordinance to allow an existing 7'7" high fence where a maximum height of 6 feet is permitted; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be Categorically Exempt; and WHEREAS, the Zoning Administrator held a public hearing on said application on March 14, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending denial; and WHEREAS, on March 14, 1989, after hearing and considering all said reports, recommendations and testimony as hereinabove set forth, the Zoning Administrator denied PA 88-133 Ashcroft Fence Height Variance request at 11452 Winding Trail Lane; and WHEREAS, on March 24, 1989, Gordon Ashcroft appealed the Zoning Administrator's March 14, 1989 action; and WHEREAS, on April 17, 1989, the Planning Commission held a public hearing to consider said appeal; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, on April 17, 1989, after hearing and considering all said reports, recommendations and testimony as hereinabove set forth, the Planning Commission denied PA 88-133 Ashcroft Fence Height Variance request; and WHEREAS, on April 25, 1989, Gordon Ashcroft appealed the Planning Commission's April 17, 1989 action; and WHEREAS, on May 22, 1989, the City Council held a public hearing to consider said appeal; and WHEREAS, proper notice of said public hearing was given as required by law; and -1- ~ WHEREAS, the City Council heard and considered all said reports, recommendations and testimony as hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: a) There are special circumstances including shape, topography, location and surroundings, applicable to the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification, in that topographical conditions along Rolling Hills Drive (Rolling Hills Drive is elevated above this site) prevent this property from having reasonable privacy. b) The granting of the Variance application will not constitute a grant of special privilege inconsistent with. the limitations upon other properties in the vicinity and zone, in that special circumstances exist which warrant granting the Variance. Special circumstances exist in that Rolling Hills Drive is elevated above the site, allowing views into the property. Similar developments are usually built allowing some degree of privacy to- residences and rear yard areas. This did not occur in the case of this property. c) The granting of the Variance would not be detrimental to the neighborhood in that it would grant parity in the degree of privacy provided for this property, in comparison to other properties in the vicinity. BE IT FURTHER RESOLVED THAT THE City Council does hereby reverse the Planning Commission's action denying PA 88-133 Ashcroft Variance, approving the request to allow a 7'7" high fence at 11452 Winding Trail lane subject to the following conditions: 1. The existing 1'7" redwood lattice fence addition shall not be extended to a taller height at any time. 2. The existing 1'7" redwood lattice fence addition shall be maintained in an attractive, sturdy and well constructed fashion at all times. 3. The permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 12th day of June, 1989. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2-