Resolution 1994-17
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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
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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~
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RESOLUTION NO. 94 - 17
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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)