RES 95134 - Laserfiche WebLink

CITY COUNCIL OF THE CITY OF PLEASANTON ALAMEDA COUNTY, CALIFORNIA RESOLUTION NO. 95-134 RESOLUTION DENYING ~ APPEAL OF A DECISION OF THE PLANNING COMMISSION AND GRANTING A VARIANCE FROM THE MUNICIPAL CODE TO ALLOW A GAZEBO WITHIN THE REQUIRED FRONT YARD OF A SINGLE-FAMILY LOT LOCATED AT 17 FOOTHILL LANE WHEREAS, Robert and SuT~qnne Earnest, the owners of property at 17 Foothill Lane, applied to the City for a variance from the Pleasanton Municipal Code and for design review approval to allow within the required front yard of their single-family lot an existing, approximately 15 foot tall, open gazebo; and WHEREAS, zoning for the property is R-l-20,000 (single-family residential) District; and WHEREAS, at its meeting of October I l, 1995, the planning Commission approved the application of Robert and Suzanrte Earnest for the variance and design review; and WHEREAS, within the time specified by the Pleasanton Municipal Code, an appeal was filed with the City Clerk; and WHEREAS, a public heating was held before the City Council on November 21, 1995, at which time all pertinent testimony and documents were reviewed; and WHEREAS, after a review of the material presented, the City Council makes the following fmdings: a. The applicants have an unusual lot configuration in that a portion of what technically is their front yard is behind a fence and visually and functionally is part of their property's rear and side yard areas. Therefore, special circumstances exist and requiring the applicants to abide by the strict requirements of the Pleasanton Municipal Code would restrict the applicants' full use and enjoyment of their property's rear and side yard areas° b. Because of the special circumstance identified above, the granting of the variance will not constitute a grant of special privilege inconsistent with the limitation on other properties classified in the same zoning district.