HomeMy WebLinkAboutAttachment 2 - Reso Denying
RESOLUTION NO. 04-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING A VARIANCE REQUEST FOR AN INCREASE IN FENCE HEIGHT FROM
4-FEET TO AN AVERAGE OF 6-FEET, 5-INCHES WITHIN THE FRONT YARD SETBACK
OF A SINGLE FAMILY DWELLING LOCATED AT 11671 MANZANITA LANE
(APN 941-0112-065), PA 04-014
WHEREAS, the Applicants, Glenn and Melanie Arace have requested approval of a Variance
application to allow a front yard fence height with an average of 6-feet, 5-inches within an R-l, Single
Family Residential zoning district, where the maximum permitted fence height allowed by the Zoning
Ordinance is 4-feet as specified by Section 8.72.080.A and Figure 72-2; and
WHEREAS, the Applicants have requested this Variance in order to screen their recreational
vehicles which include a boat and jet skis; and
WHEREAS, the California Environmental Quality Act (CEQA) together with State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt from CEQA according to
Section 15303, Class 3(e); and
WHEREAS, the decision makers for a Variance shall be the Zoning Administrator, Planning
Commission, or City Council; and
WHEREAS, these decision makers shall hold a Public Hearing and after the hearing is closed
may, based on evidence in the public record and the findings for a Variance approve, conditionally
approve, or deny a Variance by means of a Resolution; and
WHEREAS, at the discretion of the Zoning Administrator, and in accordance with Section
8.96.020.C.2, decision making authority has been referred to the Planning Commission because of policy
implications; and
WHEREAS, the Planning Commission did hold a Public Hearing on said project application on
July 27,2004; and
WHEREAS, proper notice of said Public Hearing was given in all respects as required by law;
and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending denial of
said application; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of
Dublin does hereby make the following findings and determinations regarding said Variance:
ATTACHMENT Z
A. There are no special circumstances applicable to the property at 11671 Manzanita Lane regarding
size, shape, topography, location or surroundings such that the strict application of the
requirements of the Zoning Ordinance deprives the property of privileges enjoyed by other
property in the vicinity and under identical zoning classification. The front yard of the property is
a standard front yard similar in shape and size to adjacent lots in the vicinity. The property would
not be deprived of the privilege enjoyed by other property in the vicinity as a recreational vehicle
can be stored in the front yard in accordance with the Zoning Ordinance and is not required to be
screened from public view when stored in the front yard.
B. The granting of the Variance would constitute a granting of special privileges because the front
yard at 11671 Manzanita Lane does not differ from the front yards of surrounding properties in the
vicinity and under the identical zoning classification. The purpose for requesting the increase in
fence height is for the screening of recreational vehicles within the front yard. This is not a
requirement of the Zoning Ordinance but rather a preference of the property owner and adjacent
neighbors and therefore would be a granting of special privilege.
C. The granting of the Variance would be detrimental to persons or property in the vicinity and to the
public health, safety and welfare in that the enclosure is a visual obstruction that impairs the sight
distance of both pedestrians utilizing the sidewalk area and vehicles backing out of the residence at
11671 Manzanita Lane.
D. The granting of the Variance would be consistent with the purpose and intent of the R-l, Single
Family Residential zoning district which reserves neighborhood areas for residential living.
E. The granting of the Variance would be consistent with the Dublin General Plan as the increase in
fence height would not alter the use of the property as a single family dwelling.
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby deny said
application PA 04-014, Arace Fence Variance to increase the fence height within the front yard setback
from 4-feet to an average of 6-feet, 5-inches for the purpose of screening recreational vehicles at 11671
Manzanita Lane, within an R-l, Single Family Residential zoning district.
PASSED, APPROVED AND ADOPTED this 24th day of August, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
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