CLOSE - AGMT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING

BOARD OF ADJUSTMENT CITY OF PLEASANTON COUNTY OF ALAMEDA STATE OF CALIFORNIA _ RESOLUTION NO. R-83-21 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY -0F PLEASANTON APPROVING A VARIANCE FOR JOHN CLOSE AS FILED UNDER CASE V-83-20 WHEREAS, John Close has applied for a variance from the requirements of the zoning ordinance to allow a six foot high fence that would encroach into the required sideyard on the street side of a cornerlot:.at:4742.Peaceful.Lane;.and WHEREAS, zoning for the property is PUD (Planned .Unit Development)- Medium Density Residential District; and WHEREAS, at their duly noticed public hearing.. of September 14, 1983 the Board of Adjustment considered all public.. testimony, exhib~.ts and recommendations of the City Staff; and a, WHEREAS, the. Board of Adjustment found a) that because of the topography of the subject property.,. the strict application of the provisions of the ordinance code would deprive the property of privileges enjoyed by others in the vicinity and under identical .zoning,. i.e, side and rear yard privacy; b) that because. of these special .circumstances (~.: mentioned in subparagraph a__above, the granting of this ` variance will not constitute a grant of special privilege inconsistent with the limitation on other properties classified in the same zoning district; and c) that 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 Tt~E FOLLOWING: 11 . ,,.• ., • II Section 1.' Approves case V-83-2Q, application of John Close as erein described subject to the following conditions: i 1. That the fence be no 'more than six feet in height !,J and be located as shown on the site plan,. Exhibit A on fife with the Planning Division and that the fence shall be located no closer .than 6 ft. to the curb on -- Abbie Street. _, 2. That .this variance is granted only far the. property j~ known as 4742 Peaceful Lane. 3. That the applicant enter into an agreement with the ~,`° City approved by the. City' Attorney,. which guarantees that all landscaping included in the same area between the fence and curb on Abbie Street shall be maintained at all times in ahealthful.,.-attractive and weedfree manner. This agreement shall run with the land for the duration of the existence of the structures located on y the subject property. . ~.. _ . . w ~ ~~