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W}IEREAS, WHEREAS, WHEREAS, WHEREAS, BOARD OF ADJUSTMENT CITY OF PLEASANTON COUNTY OF ALAMEDA STATE OF CALIFORNIA R~SOLUTION NO. R-83~23 A RESOLUTION DF THE BOARD OF ADJUSTMENT OF THE CITY OF PLEASANTON APPROVING A VARIANCE FOR DUDLEY ENTERPRISES AS FILED UNDER CASE V-83-22 Dudley Enterprises, Inc. has. applied for a variance from the requirements of the zoning ordinance to allow the construction of a fence six feet in height that would encroach into a required setback on the street side of a corner lot at 5685 Paseo Navarro; and' zoning for the property is R-1-6500 (Single-family Residential) District; and at their duly noticed public hearing of September 14, 1983 the Board of Adjustment considered all public testimony, exhibits and recommendations of the City Staff; and ':~ the Board of Adjustment found a) that denial of this . . ..' application would deprive the proponent of privileges ;~_ .~ enjoyed by others in the same vicinity and under identical zoning and b) that because of the special circumstances mentioned in subparagraph a above, the granting of this variance will not constitute a grant of special privilege inconsistent with the limitation of other properties classified in the same zoning district, ,and the granting -~ of the variance will not be .detrimental to the public health, safety or welfare or be materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, THE BOARD OF ADJUSTMENT OF THE CITY OF PLEASANTON RESOLVES THE FOLLOWING: Section 1. 'Approves case V-83-22, application of Dudley Enterprises, Inc. as herein described subject to the following conditions: 1, That this variance is granted to allow construction of a six ft. high fence as shown on the site plan, Exhibit A~ on file with the Planning Division, except that the fence shall be a minimum of ? ft. from the exterior side property line. ~.~ That this variance is granted only for' the property located at 5685 Paseo Navarro. That the applicant shall enter into an agreement approved by the City Attorney which guarantees that all landscaping between the fence and sidewalk ~hall be maintained at all times in a healthful, attractive and weedfree manner. Said agreement shall run with the land for the.duration of the existence of the structures located on the sub~ect property .... · ~:.~~- ~