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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. � 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: � � 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. G%�� / , '� / I �