HomeMy WebLinkAboutCC Resolution 8309 (Deny Front Yard Fence)RESOLUTION NO. 8309
RESOLUTION DENYING APPEAL AND
UPHOLDING PLANNING COMMISSION'S
DENIAL OF FIVE FOOT FENCE IN FRONT
YARD SETBACK, 506 "C" STREET, SAN RAFAEL
WHEREAS, the Planning Commission on August 28, 1990 did deny a
variance application by Venkateswara Lakireddy to allow a five foot fence
within the front yard setback of property located at 506 "C" St.; and,
WHEREAS, the Planning Commission's decision was appealed to the City
Council on September 5, 1990, and considered by the City Council on October
1,1990; and,
WHEREAS, the City Council determined on October 1, 1990, that the fence
was three feet high with ornamentation above the three foot level, and that
the fence at three feet high was in conformance with the Zoning Ordinance
front yard height requirements and therefore did not require a variance; and,
WHEREAS, on October 15, 1990 the City Council pursuant to its adopted
Rules of Order, voted to reconsider its decision of October 1 that the subject
fence was consistent with the Zoning Ordinance; and,
WHEREAS, on November 19, 1990, the City Council did at a public hearing,
noticed and advertised as required by law, consider the appeal of
Venkateswara Lakireddy; at the conclusion of said public hearing, the City
Council determined that applicant's 5' structure constructed in the front yard
setback constituted a fence under applicable provisions of the Zoning
Ordinance and as such exceeded the permitted three feet in height thus
requiring a variance.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Rafael that applicant's appeal is denied based on the following findings:
Findings
1. There are no unusual and extraordinary circumstances relative to the
site which do not apply generally to other sites in the vicinity. The lot
is, however, slightly smaller than required in the R-1 district (4,000 vs.
5,000 square feet), but this condition is common throughout the Gerstle
Park neighborhood. The subject site is one of twenty-two parcels
comprising the block bounded by "C", Treanor, "B" and Taylor Streets.
Of these twenty-two parcels, only three meet lot area and width
requirements of the Zoning Ordinance. Furthermore, the Council
finds that the non -conforming size of the parcel does not produce any
hardship which might be alleviated by construction of a 5' high wall
within the front yard setback.
R IC-19
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2. The requested variance is not necessary to preserve a substantial
property right of the owner. The site is zoned for single family
development. A single family home exists on the site. Substantial
property rights have been exercised, and the granting of the requested
variance is not necessary to preserve such rights.
3. The granting of the requested variance would be materially
detrimental to the public welfare. The granting of an after -the -fact
variance based on inadequate findings would establish an undesirable
precedent which could interfere with future enforcement of the City's
Zoning Ordinance. Enforcement of the Zoning Ordinance is necessary
to preserve, maintain, and protect the public welfare.
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 on Monday , the
17th day of December , 1990, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
JE M. LEONCINI, City Clerk