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PC Res 3197RESOLUTION NO. 3197 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A VARIANCE TO ALLOW A WOODEN FENCE IN LIEU OF A MASONRY WALL AT THE PROPERTY LINE ADJACENT TO RESIDENTIALLY ZONED PROPERTIES AS REQUIRED BY THE M-1-S (LIGHT INDUSTRIAL) ZONING ORDINANCE ON PROPERTY LOCATED AT 50-110 CURTNER AVENUE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT. APPLICATION OF STORAGE USA. FILE NO. V 98-04. 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 Planning Commission did find as follows with respect to application V 98-04: Granting of the variance to allow the construction of a wooden fence in lieu of a masonry wall for screening along the eastern property line adjacent to residentially zoned properties is necessary for the preservation and enjoyment of the applicant's property rights to develop the property with the same privileges as enjoyed by other properties in the same zoning district. The proposed 36-inch diameter water pipeline exists in locations on or in close proximity to the eastern property line and presents an exceptional circumstance applicable to the property which will not permit the construction of a masonry wall in compliance with the City's M-1-S zoning ordinance. o The proposed wooden fence will serve the purpose of screening of the mini-storage facility from the adjacent residentially zoned properties as the required masonry wall would. The Santa Clara Valley Water District will not permit a masonry wall to be constructed on or in close proximity to the existing pipeline, but will permit a wooden fence with supports off-set onto the Storage USA side of the property. 5. A variance is needed to allow the development of a mini-storage facility to proceed and to allow reasonable use of the property that is generally enjoyed by others. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance. Planning Commission Resolution No. 3197 V 98-04 - 50-110 Curtner Avenue - Storage USA Page 2 There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district. Strict or literal interpretations and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district. 5. 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. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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: COMMUNITY DEVELOPMENT DEPARTMENT Approved Proiect: A variance is granted to allow the construction of an 8-foot high wooden fence with removable panels, in lieu of a masonry wall, along the eastern property line of the subject properties adjacent to residentially zoned properties, on properties located at 50, 98 and 110 Curtner Avenue and shall substantially conform to the project exhibits listed below, as may be modified by the Conditions of Approval herein: A. Fence detail plans prepared by Storage USA consisting of a typical fence post detail, partial elevation, partial plan, typical cross section and hook detail, date stamped as received by the Planning Department on October 9, 1998. Bo Preliminary Grading and Drainage Plan prepared by Giuliani and Kull, Inc., indicating location of the wooden fence along the eastern property line, date stamped as received by the Planning Department on October 9, 1998. Planning Commission Resolution No. 3197 V 98-04 - 50ol 10 Curtner Avenue - Storage USA Page 3 C. Perspective drawing of the wooden fence prepared by Storage USA, date stamped as received on October 9, 1998. Building Division: The applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division for the wooden fence. o Fence Maintenance: The applicant shall be required to maintain the wooden fence in good condition for the life of the project. The condition of the fence shall be determined by the Community Development Director and the Santa Clara Valley Water District. Santa Clara Valley Water District Requirements: A. The applicant shall be required to obtain permits and approval for the wooden fence from the Santa Clara Valley Water District prior to construction of the fence. B. The applicant shall install root barriers parallel to the fence at the piles and should identify use of root barriers in these locations on the landscape plan. PASSED AND ADOPTED this 27~ day of October, 1998, by the following roll call vote: AYES: Commissioners: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Stev~'Piasecki, Secretary Francois, Gibbons, Jones, Lindstrom, Lowe, Meyer- Kennedy None Keams None De,mis Lowe, Chair