RESOLUTION NO. __-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL,
DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE REQUEST (PLN 22-0294) FOR A SIX-FOOTTALL FENCE WITHIN A REQUIRED FRONT YARD IN AN R-10 RESIDENTIAL ZONING DISTRICT AT 2029 WESTOVER DRIVE
WHEREAS, the property owners, Kevin and Christine Finkas, submitted a Variance application, for an existing, non-permitted, six-foot-tall fence within the required front yard, where three feet would otherwise be allowed, in an R-10 residential zone district; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a “special” public hearing on the Variance request was held by the Planning Commission on December 8, 2022, and continued to January 10, 2023, where all persons interested therein might appear and be heard; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a continued public hearing on the Variance request (PLN 22-0294) was held by the Planning Commission on January 10, 2023, where all persons interested therein might appear and be heard; and WHEREAS, the Planning Commission evaluated the Variance request for compliance with the General Plan, Municipal Code, and Planning and Land Use Ordinances, and denied the request; and
WHEREAS, in accordance with Chapter 18.130 of the Pleasant Hill Municipal Code, the applicant filed a timely appeal of the Planning Commission’s denial of Variance application PLN 22- 0294, requesting that the City Council review the proposal and overturn the Planning Commission's denial of their request; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the appeal of the denial of Variance application PLN 22-0294 was held by the City Council on April 17, 2023, where all persons interested therein might appear and be heard; and WHEREAS, the City Council evaluated the Variance request for compliance with the General Plan, Municipal Code, and Planning and Land Use Ordinances; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pleasant Hill, in accordance with Sections 18.110 of the Pleasant Hill Municipal Code, denies the Variance request based upon the following findings:
Variance Findings
i. The Variance is based on the existence of special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity under the identical zoning designation. 2029 Westover Drive, PLN 22-0294 Page 2
April 17, 2023
The Planning Commission reviewed the size, shape, topography, location and surroundings of this property compared to other properties in the vicinity and under the same zoning designation, and found that the size and shape of the project site is similar to others in the vicinity. Further, the Commission found the shape is generally rectangular (with an angled rear lot line that follows Grayson Creek) and typical of corner properties in the neighborhood, and that the topographical characteristics of the project site are typical of some of the properties in the vicinity, which is generally flat with a creek bank along the rear property boundary. Lastly, the Commission found that the location of the property with respect to the adjacent roads and public right-of-way is not unique, as there are many homes in the City located on corner lots, including near major street intersections. Thus, the Commission determined, and the City Council concurs, that there are no special physical circumstances applicable to the site that prevent the property owners from building a fence in compliance with the City’s applicable development standards.
ii. The Variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located.
The Planning Commission found, and the City Council concurs, that allowing a Variance for a six–foot-tall fence in the front yard would constitute the granting of a special privilege because it would be inconsistent with the limitations applicable to other properties in the vicinity and within the R-10 zoning district. Further, there are no special circumstances associated with the subject site to form a basis for granting a special privilege, as there are numerous homes similarly located on corner properties and adjacent to street intersections within the vicinity and zoning district. iii. The variance substantially meets the intent and purpose of the zoning district in which the property is located.
The Planning Commission found, and the City Council concurs, that the Variance request does not substantially meet the intent and purpose of the zoning district, as it would double the allowed fence height from three to six feet, and more than halve the required setback for a six-foot-tall fence from 20 feet to 9 feet, 9 inches.
Therefore, granting the Variance would present a substantial deviation from the intent and purpose of the zoning district, which is to maintain an openness across front yards that expand views and promote an open and connected neighborhood environment.
CEQA Finding
In accordance with Section 15061(b.4) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, CEQA is not applicable to projects that are denied by a public agency.
[Signatures on the Following Page]
2029 Westover Drive, PLN 22-0294 Page 3
April 17, 2023
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 17th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
DANIELLE K. NAVARRO, City Clerk