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<br />.~ In response to Commissioner Mahem's question, Mr. Swift said it is about 3-5 ft. from the <br />fence to the inside of the sidewalk. <br /> <br />THE PUBLIC HEARING WAS OPENED. <br /> <br />Michael Schibler, 4298 Fairlands Drive, represented the application. He addressed the three <br />fmdings in the staff report, and stated that he has found a number 0 homes in Pleasanton <br />that are hot in conformance with the Code in regard to setbacks. H did not think that <br />granting the variance would constitute a special privilege, and noted that he is simply trying <br />to utilize all of his property. He noted that safety is not an issue in ranting the variance, <br />but that the main issue seems to be an aesthetic one. In the meanti e, a neighbor has <br />complained because the landscaping is not done. He explained this as because the City <br />stopped him from finishing the fence. He has talked to his surroun 'ng neighbors and they <br />indicated they had no problem with the situation; he did not know 0 made the complaint. <br />He did not think moving the fence back as recommended by staff w uld make that much of a <br />difference and would be a burden as the fence frame is already ins led in concrete posts. <br /> <br />Mr. Schibler presented pictures of the property to the Commission d stated he did not <br />think the fence is out of character to the neighborhood, nor would it create a tunnel effect. <br />He reiterated that the neighbors have no problem with it. Regardin the overall height, he <br />intends to landscape the area with rosemary, but he is agreeable to utting any kind of shrubs <br />that the Commission would direct him to. <br /> <br />~ <br /> <br />In response to Commissioner Mahem's question, Mr. Schibler repli that he would not like <br />to curve the retaining wall and fence. His motive in the whole ma r was to be able to <br />make full use of his yard. <br /> <br />THE PUBLIC HEARING WAS CLOSED. <br /> <br />Commissioner McGuirk asked Mr. Swift if the Zoning Administrat r's decision is fmal. Mr. <br />Swift replied that the Planning Commission could appeal it; howeve , he indicated it was past <br />the 15 day appeal period. <br /> <br />Commissioner Mahem asked how a case is brought to the attention f the Zoning <br />Administrator. Mr. Swift noted that the Zoning Administrator mig t drive by and notice a <br />situation such as the one being discussed. However, in this particu ar case, it came to light <br />because of a complaint from a neighbor. <br /> <br />In response to Chairman Hovingh's question, Mr. Swift noted that e applicant would be in <br />conformance if a 30 inch fence were installed on top of a 30 inch r taining wall. However, <br />he did not think this was appropriate in this instance. <br /> <br />~ <br /> <br />Plannina: Commi..ion Minutes <br />June 10, 1992 <br /> <br />Pale 11 <br />