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HomeMy WebLinkAbout1987-05-06; Planning Commission; ; AV 86-09 - de HaasAPPLICATION SUBMITTAL DATE: lJULY 30, -36 DATE : MAY 6, 1987 " .. . -, TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: AV 86-9 de Haas - Request for approval to allow an eight foot high fence along the south side property line on a property located at 2652 Highland Drive I. RECOMMENDATION That the Planning Commission ADOPT Resolution No. 2655 DENYING AV 86-9, based on the findings contained therein. 11. ,PROJECT DESCRIPTION The applicant is appealing the Planning Director's denial of a request for an administrative variance to allow an eight foot high fence along the southern side yard on property located at 2652 Highland Drive. This item was referred to the Planning Department by the Code Enforcement Officer who received a complaint about an illegal fence along the south side of this property. The applicant applied for an administrative variance, but the required findings could not be made and the variance request was denied. The applicant is now appealing the Planning Director's denial of the administrative variance. 111. ANALY S IS Planning Issues 1. Can the four mandatory findings for a variance be made in this case? They are as follows: A) Are there exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone? B) Is the granting of this variance necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone? C) Will the granting of this variance be detrimental to the public welfare? Dl Will the granting of this variance adversely affect the General Plan? Discussion Staff cannot make the four mandatory findings required to grant a variance. The first finding states that exceptional or extraordinary circumstances must exist that do not generally apply to other properties in the same vicinity and zone. The applicant feels the circumstances are extraordinary because he needs the added height for liability insurance reasons due to a spa. No written proof was provided, and the county requirement is only five feet. Other properties in the vicinity have had only to use up to six foot high fences for similar situations. The second finding is whether the applicant is being denied a substantial property right enjoyed by other property owners in the vicinity. The applicant states that other properties in the vicinity have constructed eight foot high fences for the same reason. The City has not received or approved a variance for this situation, and as the Planning Commission is aware, an illegal fence cannot be used as a right enjoyed by other property owners. The granting of this variance could be detrimental to the public welfare, indirectly, in that approval of this variance could establish an undesirable precedent since it would encourage the construction of fences over six feet in height which could degrade the visual quality of the R-1 Zone. The General Plan for this area will not be adversely affected because the density will not be increased. In conclusion, staff cannot make the four required findings necessary to grant a variance and recommends that the Commission deny the applicant's appeal of the Planning Director's denial of this administrative variance. -2- IV. ENVIRONMENTAL REVIEW The Planning Director has determined that the project is exempt from environmental review based on Section 12.04.07 of the environmental ordinance. ATTACHMENTS 1. Planning Commission Resolution No. 2655 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Variance Supplemental Sheet 6. Exhibit "A"? dated March 20, 1987 EVR :dm 4/22/87 -3-