CC Resolution 10185
RESOLUTION NO. 10185
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION APPROVAL OF A FENCE EXCEPTION
(PLN2003-17) TO ALLOW A 45-INCH HIGH (50 INCHES WITH THE
DECORATIVE POSTS) FRONT YARD FENCE, WHEREAS CODE
LIMITS SUCH FRONT YARD FENCE HEIGHTS TO 42-INCHES, ON
PROPERTY OWNED BY RAY AND NICOLE RAZAVI LOCATED AT
920 MARILYN DRIVE IN AN R-I-6 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF RAY AND
NICOLE RAZA VI. FILE NO. PLN2003-17.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2003-17
I. The proposed front yard fence exception consists of a solid wooden fence with a height of 45
inches and decorative post and caps of 50 inches above the existing grade of the subject
property where a 42-inch fence is typically permitted.
2. The proposed fence height extension is not detrimental to the visual appearance of the subject
fence with the height extension and other approved fences on the property.
3. The proposed fence height extension enhances the aesthetic appearance of the 42-inch fence
by providing additional variation and wood details.
4. The proposed fence height extension does not impair pedestrian or vehicular visibility.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
I. The requested fence exception does not impair pedestrian or vehicular safety.
2. The requested fence exception results in a desirable fence design with decorative posts rather
more a simple board fence with a height of 42 inches.
3. The requested fence exception will not be detrimental to the health, safety, peace, morals,
comfort or general welfare of persons residing or working in the neighborhood of such
proposed use, or will be not be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds
the Planning Commission approval granting grants a Fence Exception (PLN2003-17) to allow a
45-foot high (50 inches with the decorative posts) front yard fence on property owned by Ray
and Nicole Razavi located at 920 Marilyn Drive, subject to the following conditions:
. City Council Resolution
PLN2003-17- 920 Marilyn Drive
Denying Appeal and Upholding Approval of Fence Exception
Page 2
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and accepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
1. Approved Proiect: A fence exception is granted for the property located at 920 Marilyn
Drive to allow 45-inch solid wood fence with 50-inch decorative posts, along the front and
side yards of the subject property. Project approval shall substantially comply with the
applicant's request dated February 27,2003 and the exhibits and photographs.
2. Expiration of Approval: This approval shall be in effect until such time as the fence
requires substantial repair or replacement. At that time, this fence shall be reduced to a
height allowable under City Code unless otherwise approved by the City.
PASSED AND ADOPTED this 20th day of
call vote:
May
, 2003, by the following roll
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Watson, Kennedy, Dean, Burr, Furtado
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROVED ~~ ~~
Daniel E. Furt"ado, Mayor
ATTEST:
t:L~
Anne Bybee, City Clerk