HomeMy WebLinkAboutPC Reso 87-051 PA 87-071 ZA action approving Raether Fence height to exceed height limitations RESOLUTION NO. 87 - 051
A RESOLUTION OF THE DUBLIN PLANNING COMMISSION
UPHOLDING THE ZONING ADMINISTRATOR'S ACTION APPROVING PA 87-071
RAETHER FENCE HEIGHT VARIANCE REQUEST
TO ALLOW A REARYARD/SIDEYARD FENCE TO EXCEED THE MAXIMUM ALLOWABLE FENCE
HEIGHT LIMITATIONS AT 7634 TURQUOISE STREET
WHEREAS, Cameron and Jacquline Raether have filed a Fence Height
Variance application requesting approval to vary from Section 8-60.55 of the
City's Zoning Ordinance to allow use of a 8' - 4" to 10' - 0" fence height
along portions of the sideyard and rearyard property lines at 7634 Turquoise
Street; 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 June 16, 1987; 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 conditional
approval of the Fence Height Variance application, modifying the design of the
proposed structure as generally depicted in the Staff Study of June, 1987; and
WHEREAS, after hearing and considering all said reports, recommenda-
tions and testimony, the Zoning Administrator conditionally approved the Fence
Height Variance request; and
WHEREAS, on June 17, 1987, Gary J. and Steven A. Gessler, neighbor-
ing property owners to the subject property, filed an appeal of the Zoning
Administrator's action; and
WHEREAS, on June 18, 1987, the Applicants also filed an appeal of
the Zoning Administrator's action; and
WHEREAS, the Planning Commission held a public hearing on said
appeal on July 6, 1987, 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 that the Planning
Commission uphold the Zoning Administrator's action and conditionally approve
the Fence Height Variance application; 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 special circumstances, including topography and location,
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 the lot at 7634 Turquoise Street backs up to
the Southern Pacific Railroad right-of-way and has a 4-foot + drop along
the length of the rear property line, making the lot non-commensurate
with other lots in the immediate vicinity and same zoning district.
-1-
B) The granting of the Fence Height Variance application will not constitute
a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and zone, in that special circumstances
exist which warrant granting the Fence Height Variance. The granting of
this Variance request will not constitute a special privilege in that the
approval will establish parity between the subject property and similar
properties in terms of the privacy yielded by side- and rearyard fencing.
C) The granting of this Fence Height Variance application will not be
detrimental to persons or property in the neighborhood or to the public
welfare.
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby
uphold the Zoning Administrator's action to conditionally approve PA 87-071
Raether Fence Height Variance application as generally depicted by materials
from the July 6, 1987, Planning Commission Report, labeled Exhibit B and
Attachments #2 and #8, as modified to substantially conform with the Staff
Study of June, 1987 (Attachment 4 of the referenced Report), on file with the
Dublin Planning Department and subject to the following Conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with
prior to issuance of a building permit or establishment of proposed land use
activity, and shall be subject to Planning Department review and ap
proval.
1. This approval is for construction of a fence/deck structure with a
combined height not to exceed 8' - 8", and with the height of the proposed
fencing (measured above the deck surface) not to exceed 4' - 0". The
design of the fence/deck structure shall be substantially consistent with
the Staff Study of June, 1987. The design and materials used to enclose
the bottom of the elevated deck along the north and west portions of the
deck may be altered from the Staff Study if approved by the Planning
Director.
2. Building permits for the fence/deck structure shall be secured and
construction commenced within six months after approval of this permit or
said approval shall be void.
3. This permit shall be revocable for cause in accordance with Section 8-90.3
of the Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 6th day of July, 1987.
AYES: Commissioners Barnes, Burnham, and Mack
NOES: Commissioner Raley
ABSENT: None
Planning Commission Chai erson
ATTE
Planning Director
-2-