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".
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