HomeMy WebLinkAboutPC Reso 89-029 PA 88-117 Reverse Zoning Administrator's Denial action- Doyle Fence request for8'6 rear yard fence height ^ ^
RESOLUTION NO. 89 - 029
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
REVERSING THE ZONING ADMINISTRATOR'S DENIAL ACTION AND APPROVING PA 88-117
DOYLE FENCE VARIANCE REQUEST TO ALLOW UP TO A 8'6" REAR YARD FENCE HEIGHT
AT 8121 VIA ZAPATA
WHEREAS, Mr. and Mrs. Doyle have filed an application for a Variance from
Section 8-60.55 of the City's Zoning Ordinance to allow up to a 8'6" foot high
fence on the north rear yard property line at 8121 Via Zapata; 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 that the application
be denied; and
WHEREAS, on March 14, 1989, after hearing and considering all said
reports, recommendations and testimony as herein above set forth, the Zoning
Administrator denied PA 88-117 Doyle Fence Height Variance request at 8121 Via
Zapata; and
WHEREAS, on March 16, 1989, Ronald Doyle appealed the Zoning
Administrator's March 14, 1989 action; and
WHEREAS, on June 19, 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 as hereinabove set forth; and
WHEREAS, the Planning Commission took action at the June 5, 1989 meeting
with a vote of 4-0 and directed Staff to come back at the next meeting with
findings and resolutions approving the application.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
a) There are special circumstances including topography, location or
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 the lot at 8121 Via Zapata has a downward sloping rear
yard and adjoining homes are located across a ravine approximately 200 feet
away from the fence.
b) The granting of the Variance application will not constitute a
grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and zone, in that a special circumstances exist
which warrant granting the Variance. The site has approximateliy one-quarter
of the rear yard area as a downhill slope, limiting the effect a 6' tall rear
yard fence would have on providing privacy. The taller fence height could
correspond to the site's sideyard fencing and other rear yard fence screening
provided to similarly zoned properties in the neighborhood.
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c) The granting of this Variance application would not be detrimental
to the neighborhood because the existing fence construction is of materials and
style which blend with construction of nearby fences and are aesthetically
attractive. Direct views to the fence are obscured by thick landscaping on the
exterior side of the fence which also softens the fences higher height.
Approval would not set an unwanted precedence as this site is unique and any
Variance request must be reviewed on its own merits.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
approve PA 88-117 Variance application as generally depicted by Exhibit B,
attached and on file with the Dublin Planning Department subject to the
following conditions:
1. Location and maximum fence height shall be as shown on the attached
Exhibit B.
2. If use of the Variance ceases for a consecutive period of one-year, the
Variance approval shall lapse and shall become null and void.
3. The existing fence with redwood lattice top shall not be extended to a
taller height at anytime.
4. The existing fence with redwood lattice top shall be maintained in an
attractive, sturdy and well constructed fashion at all times.
5. Approval of this Variance shall run with the land and shall continue to
be valid upon a change of ownership of the site which was the subject of
this Variance application.
6. This permit shall be revocable for cause in accordance with Section 8-
90.3 of the Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 5th day of July, 1989.
AYES: Commissioners Barnes, Burnham, Okun and Zika
NOES: None
ABSENT: Commissioner Mack
anning Com rp rson
Planning Director
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