HomeMy WebLinkAboutPC Reso 89-018 PA 89-001 upholding the ZA action denying Petray Fence to allow 8 foot high fence where max is 6 ft RESOLUTION NO. 89 - 018
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
UPHOLDING THE ZONING ADMINISTRATOR'S ACTION DENYING PA 89-001 PETRAY FENCE
VARIANCE REQUEST TO ALLOW AN 8 FOOT HIGH FENCE (NOW EXISTING) WHERE A MAXIMUM
HEIGHT OF 6 FEET IS PERMITTED AT 11450 WINDING TRAIL LANE
WHEREAS, Mr. Joseph T. Petray, Jr. filed an application for a Variance
from Section 8-60.55 (d) of the City's Zoning Ordinance to allow an 8 foot high
fence on the rear and sideyard property lines at 11450 Winding Trail Lane; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act 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, a Staff Report was submitted recommending denial of the Variance
application; and
WHEREAS, on March 14, 1989, after hearing and considering all said
resports, recommendations and testimony as herinabove 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 as required by
law; and
WHEREAS, the Planning Commission heard and considered all said reports,
recommendations and testimony as hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
a) There are no special circumstances including size, shape,
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 there are similar
topographical conditions for sites along Rolling Hills Drive, Silvergate Drive
and San Ramon Road where the street is elevated above the sites and the rear
yards are enclosed by 6 foot high fences.
b) The granting of the Variance application will constitute a grant of
special privilege inconsistent with the limitations upon other properties in
the vicinity and zone, in that no special circumstances exist which warrant
granting the Variance. Other properties in the City and same zoning district
must comply with the fence height limitation imposed by the Zoning Ordinance,
unless special circumstances exist.
c) The granting of this Variance would be detrimental to the
neighborhood in that it would set a precedence of allowing fence heights in
excess of 6 feet where it is unnecessary.
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BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby uphold
the Zoning Administrator's action denying PA 89-001 Petray Variance application
and directs the Applicant to bring the fence into conformance with the City's
Zoning Ordinance (regulating fences) by lowering the height of the fence to 6
feet or less no later than May 17, 1989.
PASSED, APPROVED AND ADOPTED this 17th day of April, 1989.
AYES: Commissioners Barnes, Burnham, Mack, Okun and Zika
NOES: None
ABSENT: None
Planning Commis 'on
ATTEST:
Planning Director
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