PC-2008-15, PAP-116 (PV-167), PAUL ESSER

Resolution No. PC -2008-15 Page Four 3. The granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The street side yard setback is designed to provide adequate sight distance for pedestrians and motorists. In this case, the accessory structure would not alter the existing buffer area between the curb and the soundwall. Furthermore, the yield lane is for right turns only, which would not obstruct the view around the corner with eight -foot tall hedges. The height of the hedges have been eight feet tall since the applicants have lived on the property, and, therefore, the sight distance would remain as it currently is. In addition, the existing soundwall would screen the accessory structure located along Valley Avenue. It is unlikely that the accessory structure or the pool would significantly impact pedestrians or motorists. The rear and side yard setbacks are designed to provide an adequate buffer between shared property lines. In this case, the accessory structure located in the rear yard is screened by mature vegetation along the rear and a fence along the side. The right adjacent neighbor also has an accessory structure with similar setbacks adjacent to the applicants' accessory structure; therefore, it is abutting something similar in nature and may not be overbearing to the adjacent property owner. Having an eight -inch setback would not be detrimental to the public health, safety, or welfare since the applicant is able to maintain the area between the fence and the structure. Therefore, this finding can be made. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PLEASANTON RESOLVES THE FOLLOWING: Section 1. Denies Case PAP -116, the appeal of Paul Esser, thereby upholding the Zoning Administrator's approval of two variance requests under Case PV -167, the application of Rich and Lori Lortz, as follows: (1) reduce the street side yard setback of a corner lot located at 2402 Crestline Road from the required ten feet to eight inches (measured from eave to soundwall) for an existing accessory structure and to five feet for an existing pool; and (2) retain the existing eight -foot tall hedges in the front yard where a maximum height of six feet is allowed. The third variance request to reduce the side yard setback from the required three feet to one foot, eight inches, and the rear yard setback from the required five feet to eight inches for a second accessory structure is not granted. Section 2. This approval is subject to the conditions shown in Exhibit B, attached hereto and made a part of this case by reference. 4