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1: .. AGENDA"STATEMENT - -
CITY COUNCIL MEETING DATE: June 12, 1989 F
• REPORT PREPARED BY: Rod Barger, Senior Planner
SUBJECT: PA 89-001 Appeal of the Planning Commission's
action denying a Variance request to allow a 8'
high fence (now existing) where a maximum height
of 6 feet is permitted at 11450 Winding Trail
Lane
EXHIBITS ATTACHED: Exhibit A: Draft Resolution reversing the
Planning Commission's action denying
PA 89-001 Petray Fence Height
Variance request at 11450 Winding
Trail Lane.
RECOMMENDATION: 1) Review Draft Resolution (Exhibit A) .
0(.‘25 ) Adopt DraftResolution reversing the
1 Planning Commission's action denying PA 89-001
Petray Variance, approving the request to allow
an 8 foot high fence (now existing) where a
maximum of '6 feet is permitted at 11450 Winding
Trail Lane. --
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 Joseph Petray's fence height variance appeal request at 11450
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/7
ITEM NO. PA 89-001
RESOLUTION NO.
A RESOLUTION OF THE'CITY COUNCIL
OF THE CITY OF DUBLIN
REVERSING THE PLANNING COMMISSIONS ACTION DENYING PA 89-001 PETRAY VARIANCE,
APPROVING THE REQUEST TO ALLOW AN 8 FOOT HIGH FENCE (NOW EXISTING) WHERE A
MAXIMUM OF 6 FEET IS PERMITTED AT 11450 WINDING TRAIL LANE
WHEREAS, Joseph Petray filed an application for a Fence Height Variance
from Section 8-60.55(d) of the City's Zoning Ordinance to allow an existing 8
foot 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 89-001 Petray Fence Height Variance request at 11450
Winding Trail Lane; and
WHEREAS, on March 22, 1989, Joseph T. Petray 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 89-001 Petray Fence Height Variance request; and
WHEREAS, on April 25, 1989, Joseph T. Petray 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
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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 the 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 89-001 Petray Variance approving the
request to allow an 8' high fence at 11450 Winding Trail Lane subject to the
following conditions:
1. The existing 2' redwood lattice fence addition shall not be
extended to a taller height at any time.
2. The existing 2' 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
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