HomeMy WebLinkAboutPCReso 98-02 PA97-041 Deny Fence VarianceRESOLUTION NO. 98 - 02
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING PA 97-041
VARIANCE REQUEST TO ALLOW A FRONT YARD FENCE HEIGHT OF SIX FEET (6'), WHERE
THE MAXIMUM PERMITTED HEIGHT ALLOWED BY THE ZONING ORDINANCE IS FOUR
FEET(4'), 6655 EBENSBURG LANE
WHEREAS, Sandra and Gary Mole have filed a Variance application to allow a front yard fence
height of six feet (6'), where the maximum permitted height allowed by the Zoning Ordinance is four
feet (4') as specified by Section 8.72.080A; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the 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 under Section
15303, Class 3 (e) of the California Environmental Quality Act guidelines, the construction and location
of limited numbers of new small facilities or structures including fences; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application
on February 10, 1998; and
WHEREAS, the Staff Report was submitted recommending that the application for a Variance
be denied; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth and used their independent judgment to make a
decision.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
that:
There are no special circumstances applicable to the property including 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 as this property is similar in size, shape and
topography to other properties in the immediate vicinity. The property is within the R-1 Single-
Family Residential Zoning District, no other properties in the vicinity and zone district have six
foot (6') high fences in their front yard setbacks.
There are no conditions associated with the Variance that would assure that the adjustment
shall not constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and under the identical zoning classification. The granting ofthe
Variance would constitute a grant of special privilege not given to other property owners, as
there are no fences in the front yard setbacks in the vicinity and under identical zoning
classification.
The granting of the Variance would be detrimental to persons or property in the vicinity or to the
public health, safety and welfare in that it would restrict visibility for security purposes and limit
the availability of light and air to the property.
The granting of the Variance would not be consistent with the purpose and intent of the Single-
Family Residential Zoning District which is designed provide for and protect residential
neighborhoods with a quiet family-living environment. A six foot (6') fence would interrupt views
and negatively impact residential neighborhoods by restricting visibility for security purposes
and limiting the availability of light and air to the property.
The granting of the Variance is consistent with the Dublin General Plan, as it would not effect or
alter the use of the property as a single family residence.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny, PA
97-041 Sandra and Gary Mole Variance request to allow a front yard fence height of six feet (6'), where
the maximum permitted height allowed by the Zoning Ordinance is four feet (4'). ']'he applicants could
either remove the fence in question and its associated hedge or modify the height of the fence and
hedge to four feet (4') in order to comply with Section 8.72.080A the Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 10th day of February, 1998.
AYES:
NOES:
ABSENT:
ATTEST:
'~ CeCUm r~u~~t i~rector
Cm. Jennings, Johnson, Hughes, Musser, and Oravetz
151anning/Commi~on Chairperso,/
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