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Ms. Mohr asked that the fire hazard/fire retardancy be addressed and felt that steel poles <br />as opposed to redwood 4x4's would take care of that. She felt a special privilege did not exist <br />when similar situations exist and when the location (not being sideyard to sideyard) was different <br />than the average lot. She asked that lattice be installed on top of the fence to improve the <br />aesthetics and view from the neighbors perspective. She asked for confirmation that the gutter <br />drains to the front of the property and prevents drainage at the fence line. <br /> <br /> Mr. Pico asked that the structure be removed when the property is sold. <br /> <br /> Mayor Tarver said he could not support this and felt granting this special privilege <br />because others have broken the law is unbelievable. <br /> <br /> Ms. Michelotti felt she could not make the finding on this or any like this in the future. <br />If there had been a compromise acceptable to both neighbors, she would have tried to <br />accommodate the variance. <br /> <br /> Mr. Pico felt this is a unique site, It is a situation where a sideyard is not adjacent to <br />another sideyard. <br /> <br /> It was moved by Ms. Mohr, and seconded by Mr. Pico, to approve AP-95-06 and grant a <br />variance from the Municipal Code to allow an existing 288 sq. ft. carport to encroach into the <br />required three-foot side yard setback for the property located at 7254 South Valley Trails Drive, <br />subject to the applicant's obtaining all Building Department and other applicable City permits <br />for the carport structure, including steel poles in lieu of redwood 4x4's; in addition, lattice is <br />to be installed on top of the fence, the gutters of the carport must drain to the street and an <br />instrument, in a form approved by the City Attorney, must be recorded which will provide that <br />the structure is to be removed when the Sewells sell the property. <br /> <br />The roll call vote was as follows: <br />AYES: Councilmembers Mohr and Pico <br />NOES: Councilmember Michelotti and Mayor Tarver <br />ABSENT: Councilmember Dennis <br />ABSTAIN: None <br /> <br /> Mr. Sewell stated his contractor said if steel poles are put in and the structure moved in <br />from the center of the property line eighteen inches, he could squeeze his boat in. <br /> <br /> Due to the tie vote, this matter was continued to the 10/17/95 agenda. <br /> <br /> 10/03/95 -8- <br /> <br /> <br />