HomeMy WebLinkAboutPC Reso 85-007 PA 84-074 E.J Gillian appeal ZA denial for6 foot fence RESOLUTION NO. 85-007
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING PA 84-074 E. J. GILLIGAN'S APPEAL OF THE ZONING
ADMINISTRATOR'S ACTION WHICH DENIED A VARIANCE REQUEST
TO ALLOW A 6' HIGH FENCE ALONG A PORTION OF A STREET
SIDE YARD PROPERTY LINE, 11156 PADRE WAY
WHEREAS, E. J. Gilligan has filed an application for a
Variance to allow a 6' high fence along a portion of a street side
yard property line at 11566 Padre Way; and
WHEREAS, the Zoning Administrator did hold a public
hearing on said application on January 18, 1985; and
WHEREAS, proper notice of said public hearing was given
in all respects as required by law; and
WHEREAS, the Zoning Administrator, after hearing public
testimony, did deny said variance application; and
WHEREAS, Mr. Gilligan did file a timely appeal of said
action; and
WHEREAS, the Planning Commission did hold a public
hearing on said appeal on February 19, 1985; and
WHEREAS, the Planning Commission did continue this
application until the March 18, 1985, Planning Commission meeting
so that they could visit the site on March 3, 1985; and
WHEREAS, proper notice of said hearing was given in all
respects as required by law; and
WHEREAS, this 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, a Staff Report was submitted recommending the
application be denied; and
WHEREAS, the Planning Commission did hear and consider
all said reports, recommendations, and testimony as hereinabove
set forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
1) The Variance request, if approved, would give the applicant a
special privilege not enjoyed by others in the same Zoning
District;
2) There are no unusual circumstances relating to lot size,
configuration, or topography associated with Mr. Gilligan's
property that would justify granting a variance;
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3) The erection of the 6' high fence along this portion of the
street side yard has caused a potentially dangerous situation at
this location.
BE IT FURTHER RESOLVED that the Dublin Planning
Commission upholds the action of the Zoning Administrator and does
hereby deny said application.
PASSED, APPROVED AND ADOPTED this 18th day of
March 1985.
AYES: 5
NOES: 0
ABSENT: 0
1 ..UhAl Akin
Pr nning Commission Chairman
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S creta ��
ry Plann'ACommission
DP 83-20