PC R 98-1670RESOLUTION NO. 98-1670
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING VARIANCE 98-
209, LOCATED AT 763 SOUTH TRAFFIC WAY
EXTENSION APPLIED FOR BY KEN PINEO
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance 98-209 filed by Ken Pineo to allow the installation of a five foot fence on top
of an existing seven foot retaining wall; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that the project is
categorically exempt per Section 15303 of the CEQA Guidelines; and
WHEREAS, the Planning Commission finds, after due study, deiiberation and public
hearing, the following circumstances exist:
FINDINGS FOR APPROVAL
1. The strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary hardship not otherwise shared
by others in the surrounding area.
2. There are exceptional or extraordinary circumstances or conditions applicable to
the property involved or to the intended use of the property that do not apply
generally to other properties classified in the same zone.
3. The strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by owners of other properties
classified in the same zone.
4. The granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone.
5. The granting of the variance will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity.
6. The granting of a variance is consistent with the objectives and policies of the
General Plan and the intent of this title. .
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Variance 98-209, subject to the conditions as set
forth in Attachment "A", attached hereto and incorporated herein by this reference.
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Resolution No. 98-1670
Variance 98-209
October 6, 1998
Page 2 of 3
On motion by Commissioner Greene, seconded by Commissioner Haney, and by the
following roll call vote, to wit:
AYES: Commissioners Greene, Haney, Keen, Parker and Lubin
NOES: None
ABSENT: None
The foregoing Resolutio� was adopted this 6"' day of October, 1998
ATTEST:
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Kathleen Fryer, Commissio Clerk
AS TO CONTENT:
G <� j
Ji amilton, AICP
ommunity Development Director
Resolutian No. 98-1670
Variance 98-209
October 6, 1998
Page 3 of 3
ATTACHMENT A
CONDITIONS OF APPROVAL
VARIANCE 98-209
KEN PINEO
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the installation of a maximum five foot high fence on top
of an existing seven foot high retaining wall. In no case shall the combination
retaining wall/fence exceed twelve (12) feet in height.
1. The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
2. This application shall automatically expire on October 6, 2000 unless
construction of the fence is completed. Thirty (30) days prior to the expiration
of the approval, the applicant may apply for an extension of one (1) year from
the original date of expiration.
3. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation
thereof, or in the alternative, to relinquish such approval. The applicant shall
re+mburse the City, its agents, officers, or employees, for any court costs and
attorney's fee's which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of his/her obligations under this
condition.
4. Prior to building permit final for the primary residence, the fence shall be
installed and inspected to insure it does not exceed 12 feet in height as
measured from the highest side of the wall/fence.
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