Resolution 2000-13
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RESOLUTION NO. 2000-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY DENYING VARIANCE V-99-05, AND UPHOLDING
THE PLANNING COMMISSION'S DENIAL OF VARIANCE
V-99-05 (APN 841-06-029)
WHEREAS, Patty Sweeney ("Applicant") submitted a request for approval of Variance
V-99-05, to allow the following:
I. A fence over three feet high within fifteen (15) feet ofthe front property boundary;
2. A fence over three feet high within five (5) feet of the side yard property boundary
adj acent to a street; and
3. A wire-mesh fence within the front yard setback area and within the side yard setback
area adjacent to a street.
WHEREAS, the California Environmental Quality Act ("CEQA"), provides a categorical
exemption for "Minor Alterations in Land Use Limitations," which applies to this request;
WHEREAS, the Planning Commission considered Variance V-99-05 at a duly noticed
public hearing on November 4,1999, and denied the application for Variance V-99-05; and
WHEREAS, following the Planning Commission's denial of Variance V-99-05, the
Applicant timely requested an appeal to the City Council;
WHEREAS, the City Council considered Variance V-99-05 and all documents relating
thereto, including the Planning Division Staff Report October 22, 1999 (Revised February 14,
2000) and took oral and written testimony at its duly noticed public hearing on February 22,
2000; and
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Resolution 2000-13
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WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based in the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. Variance V -99-05 should be and hereby is denied for the following reasons:
I. The Planning Commission could not make the required findings for a variance
pursuant to Zoning Ordinance requirements.
2. The subject fence does not comply with the Zoning Ordinance requirements.
3. Wire mesh fences are discouraged in residential districts.
4. The subject fence creates a sense ofthe property being barricaded.
B. The Planning Commission's denial of variance V-99-05 is upheld, and the appeal by the
Applicant is denied.
PASSED AND ADOPTED this 6th day of March, 2000, by the following vote:
AYES: COUNCILMEMBERS:
G. ARELLANO, PINHEIRO, SUDOL, VELASCO
NOES: COUNCILMEMBERS:
P. ARELLANO, MORALES, SPRINGER
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
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Thomas W. Springer, M
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Rhonda Pellin, City Clerk
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Resolution 2000-13
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2000-13 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 6th day of March, 2000, 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 27th day of April, 2000.
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City Clerk of the City of Gilroy
(Seal)