RESOLUTION NO. 02-23
A RESOLUTION OF THE PLANNING COMMISSION, CITY OF PLEASANT HILL, DENYING A VARIANCE REQUEST (PLN 22-0294) FOR A SIX-FOOT-TALL 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, are requesting approval of a Variance, for a 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, the Planning Commission evaluated the proposed Variance for compliance with the General Plan, Municipal Code, and Planning and Land Use Ordinances; 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 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission 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.
Staff have reviewed the size, shape, topography, location and surroundings of this property compared to other properties in the vicinity and under the same zoning designation. The size and shape of the project site is similar to others in the vicinity.
The shape is generally rectangular (with an angled rear lot line that follows Grayson Creek) and typical of corner properties in the neighborhood. 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 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, there appears to be no special physical circumstances applicable to the site. Accordingly, the Planning Commission does not find that the strict application of the zoning regulations deprives the property of 2029 Westover Drive, PLN 22-0294 Page 2
January 10, 2023
privileges enjoyed by other properties in the vicinity under the identical zoning designation.
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 finds that approving a Variance for a six-foot-tall fence in the front yard could constitute the granting of a special privilege. Doing so would be inconsistent with the limitations applicable to other similarly situated properties in the vicinity and within the zoning district. Further, the Commission finds that there are no special circumstances associated with the subject site to form a basis for granting a special privilege, as there are numerous homes located on corner properties and adjacent to street intersections.
iii. The variance substantially meets the intent and purpose of the zoning district in which the property is located.
The Planning Commission finds that the Variance request would 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, the Commission finds approving 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.
ADOPTED by the Planning Commission, City of Pleasant Hill, on the 10th day of January 2023, by the following vote:
AYES: Chiang, Cheney, Johnson, Vavrek, Vinson, Wyler
NOES: Khalfin
RECUSE: None.
ABSENT: None.
_______________________________________
TROY FUJIMOTO, Secretary
Planning Commission