HomeMy WebLinkAboutCC Resolution 9484 (109 Ross Valley Dr Appeal)RESOLUTION NO. 9484
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL DENYING APPEAL OF THE GRANT OF AN
ENCROACHMENT PERMIT AT 109 ROSS VALLEY DRIVE
WHEREAS, the owner of the residence at 109 Ross Valley Road,
Ms. Carol Hepsley, constructed a fence (61high X 11' long with an
open lattice top) into the unused public right-of-way on Ross
Valley Drive; and
WHEREAS, Ms. Hepsley after being notified by the City, applied
for and obtained an encroachment permit for her fence; and
WHEREAS, Mr. Mel Beck has appealed to the City Council the
Public Works Department's grant of said encroachment permit to Ms.
Hepsley; and
WHEREAS, due notice of a public hearing regarding this appeal
has been published and has been given to all interested parties;
and
WHEREAS, the public hearing was opened at the City Council
meeting of October 2, 1995, public testimony received, written
documents (including staff reports and exhibits) submitted, and the
hearing closed.
NOW THEREFORE, the City Council of the City of San Rafael does
make the following findings:
1. The owner of 109 Ross Valley Road, Ms. Hepsley, did
construct an extension of her side -yard fence (6' x 11' open
lattice at the top) into the unused public right-of-way.
2. After Mr. Mel Beck notified City officials, Ms. Hepsley
applied for and received an encroachment permit allowing her
already -constructed fence extension to remain in the public right -
of -way.
3. This encroachment permit would have been granted by the
Public Works Department in the ordinary course, if it had been
requested prior to the construction of the fence extension.
4. The fence extension complies with all requirements for an
encroachment permit and said permit was properly issued by the
Public Works Department.
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5. The fence extension, at what is the rear of Mr. Beck's
property, does not interfere with Mr. Beck's use and enjoyment of
his property.
6. The fence extension does not adversely affect the public
health, safety and welfare.
WHEREFORE, the City Council of the City of San Rafael, having
reviewed all of the written material submitted by staff, the
appellant and the applicant, and having heard testimony from all
persons desiring to speak on the matter, does resolve as follows:
The appeal of Mr. Mel Beck of the encroachment permit issued
to Ms. Carol Hepsley for a side -yard fence (6' x 11' open lattice
at the top) extension into the public right-of-way at 109 Ross
Valley Drive, is herebv denied.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing Resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of said
City held on Monday, the 2nd day of October, 1995, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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