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PC R 96-1550RESOLUTION NO. 9G-1550 A RFSOLUTION OF T�I� PLANNING COMMISSION OF THE CITY OF ARROYO GRAND� GRANTING VARIANCE CASE NO. 96-193 TOR TI-Ir I�I�IGI-IT OF A FENCE/WALL, APPLI�D FOR BY JOSEPH WAIS, AT 1164 GRAND AVENUE WHEREAS, the Planning Co►nmission of the City of Arroyo Grande has considered Variance Case No. 96-193, filed by Joseph Wais, to allow the height of a fence/wall to exceed the height allowed by the Developrnent Code in the General Commercial Zone; and � WHEREAS, the Planning Commission has held a public hearing on this application in accordance witt� the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environ►nental Documents associated therewith; and WHEREAS, t}�e Planning Commission has reviewed this project in compliance with the California Environmenlal Quality Act (CEQA); and WI the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The strict or literal interpretation and enforcement of the height requirements for a fence/wall would result in practical difficulty or unnecessary hardship not otherwise shared by others in the surrounding area. Other properties in the area utilize fences for screening, security and privacy purposes. The strict interpretation of the fence height regulations would require tlie applicant to develop other metl�ods of providing screening, security and privacy that are not in keeping with goals for this development. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to tf�e intended use of tlie property that do not apply generally to other properties classified in the sarne zone. Tlie width of the lot necessitates construction of retaining walls to allow construction of a commercial building. A fence is required on top of the retaining wall for safety and privacy purposes. The widtl� of the lot does not allow room to step tlie fence back from the retaining wall. 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. Other properties in the area utilize fences for screening, security and privacy purposes. The strict interpretation of the fence height regulations would deprive the applicant of the ability to construct a fence vf adequate height to provide the required screening, security and privacy. 4. The granting of the variance will not constitute a grant of special privilege inconsistent with tl�e limitations on other properties classified in the sarne zone. Other properties in this zone do not share the size and topograpliy constraints that are experienced by this property. Resolution No. 96-1550 Variance Case No. 9G-193 Joseph Wnis February 20, 1996 Page Two 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. Due to its location, the full height of the wall/fence will not be visible from adjacent properties. The wall/fence will comply witll building code requirements to ensure that it will not pose a health or safety risk. 6. The granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code. Development Code Section 9-10.070 recognizes that variances for fence/wall height may be required to provide adequate screening. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a negative declaration, instructs the secretary to file a Notice of Determination, and approves said variance, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Deviny, seconded by Commissioner Soto, and by the following roll call vote, to wit: AYES: Commissioners Deviny, Soto, Tappan, Beck and Keen NOFS: None ABSENT: Commissioners Carr and Liibin the foregoing Resolution was adopted this 20th day of February, 1996. ATTEST: � il \ Breese, Commission Clerk � Joh� een, C � irp'erson AS TO CONTENT: � Doreen Libert�=Blanck, Community Development Director r � � �J ATTACI-IM�NT "A" CONDITIONS OF APPROVAL VAR 96-193 11C4 Grand Avenue WAIS GENERAL CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes construction of a combination retaining wall/fence along a portion of the northern property boundary. The combined maximum height will be 10 feet, 6 inches. 1. 2. 3. This application shall automatically expire on February 20, 1998 unless a building permit is issued. 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. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of February 20, 1996 and marked "Exhibit "A". 5. 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 tlle implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse 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. DEVELOPMENT CODE � 7. DEMOLITION PERMIT/RETAINING WALLS 8. Separate permits must be obtained for. retaining walls. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 96-542. Development shall conform with the General Commercial zoning requirements except as otherwise approved. Design of fences shall be as shown on Exl�ibit "A". 1