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BOARD OF ADJUSTMENT <br />CITY OF PLEASANTON <br />COUNTY OF ALAMEDA <br />STATE OF CALIFORNIA <br /> <br />RESOLUTION NO. R-83-21 <br /> <br />A RESOLUTION OF THE BOARD OF ADJUSTMENT OF <br />THE CITY OF PLEASANTON APPROVING A VARIANCE <br />FOR JOHN CLOSE AS FILED UNDER CASE V-83-20 <br /> <br />WHEREAS, <br /> <br />John Close has applied for a variance from the requirements <br />of the zoning ordinance to allow a six foot high fence <br />that would encroach into the required sideyard on the <br />street side of a corner lot at 4742 Peaceful Lane; and <br /> <br />WHEREAS, zoning for the property is PUD (Planned Unit Development)- <br /> Medium Density Residential District; and . ' <br /> <br />WHEREAS, at their duly noticed public hearing of September 14, 1983 <br /> the Board of Adjustment considered all public testimony, <br /> exhibits and recommendations of the City Staff; and. <br /> <br />WHEREAS, the Board of Adjustment found a) that because of the <br /> topography of the subject property, the strict application <br /> of the provisions of the Ordinance code would deprive the <br /> property of privileges enjoyed by others in the vicinity <br /> and under identical zoning, i.e, side and rear yard <br /> privacy; b) that because of these special circumstances <br /> mentioned in subparagraph a .above, the granting of this <br /> variance will not constitute a grant of special privilege <br /> inconsistent with the limitation on other properties classified <br /> in the same zoning district; and c) that the granting of <br /> the variance will not be detrimental to the public health, <br /> safety or welfare or be materially injurious to properties <br /> or improvements in the vicinity. <br /> <br />NOW, THEREFORE, THE BOARD OF ADJUSTMENT OF THE CITY OF PLEASANTON <br />RESOLVES TIlE FOLLOWING: <br /> <br />Section 1. Approves case V-83-2~, application of John Close as ''~ herein described subject to the following conditions: <br /> <br /> 1. That the fence be no more than six feet in height <br /> and be located as shown on the site plan, Exhibit A, <br /> on file with the Planning Division and that the fence <br /> shall be located no closer than 6 ft. to the curb on <br /> Abbie Street. <br /> <br /> 2.That this variance is granted only for the property <br /> known as 4742 Peaceful Lane. <br /> <br /> 3. That the applicant enter into an agreement with the <br /> City approved by the City Attorney, which guarantees <br /> that all landscaping included in the same area between <br /> the fence and curb on Abbie Street shall be maintained <br /> at all t~mes ~n a healthful, attractive and weedfree <br /> manner. This agreement'shall run with the land for the <br /> duratlo~ of the existence of the structures located on <br /> the sub0ect property. · <br /> <br /> <br />