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Resolution 1994-17 . . ~. -'.~ RESOLUTION NO. 94-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY GRANTING AN EXCEPTION FROM SECTION 20.60 OF THE GILROY MUNICIPAL CODE RELATING TO HEIGHTS OF HEDGES, SHRUBS AND OTHER OBSTRUC- TIONS AT THE CORNERS OF INTERSECTING STREETS FOR PROPERTY LOCATED AT 665 FIFTH STREET WHEREAS, section 20.60 of the City of Gilroy Municipal Code provides that it shall be unlawful for the owner or occupant of any corner lot or premises in the City to install, set out, maintain, permit or allow the installation, setting out, mainte- nance or existence of any hedge, shrubbery or other obstructions to the view higher than three feet above the adjacent street curb level between the curbline and the property line or within the triangular area of the private lot or premises between the property lines adjacent to the corner and a diagonal line joining points on the property lines twenty feet from the point of their intersec- tion; and, WHEREAS, Brian and Carla Adams are owners of a corner lot at 665 Fifth Street in the City of Gilroy, at the northeast corner of Fifth and princevalle Streets; and, WHEREAS, the Adams applied to the Gilroy Planning Commission for variances from the provisions of sections 34.31 and 34.31 (a), (b), and (c) of the Gilroy zoning Ordinance, for a reduction in the required street side yard setback, front yard setback, and height of a fence, in order to enable them to lawfully maintain a yard fence not otherwise complying with those provi- sions; and, WHEREAS, the Planning commission, at a duly noticed public hearing on January 6, 1994, voted to grant the requested variances and to approve Planning Commission Resolution No. 94- 01; and, RESOLUTION NO. 94 - 17 -1- . . WHEREAS, an exception from the language of Gilroy Municipal Code section 20.60 is also required to enable the Adams to build their fence pursuant to the Zoning Ordinance variances; and, WHEREAS, the Gilroy City Council, at its duly noticed regular meeting of February 7, 1994, after hearing and considering relevant testimony, found that the granting of the exception would not harm the public health, safety and welfare, and that such exception could be supported on the basis of the findings made by the Planning Commission in connection with approving the variances as set forth in the Planning commission's Resolution 94-1. NOW, THEREFORE, BE IT RESOLVED THAT: An exception is hereby granted from section 20.60 of the Gilroy Municipal Code, to enable the Adams to construct and maintain their fence in the same location and at the same height as approved by the Planning Commission under Planning Commission Resolution No. 94-01. PASSED AND ADOPTED this 7th day of February, 1994 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AP?J:j; j . . Donald F. Gag~ -2- RESOLUTION NO. 94 - 17 . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 94-17 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of February , 19--2L, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 8th day of February ,1994. City Clerk of the City of Gilroy (Seal)