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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 89-357 <br /> <br /> RESOLUTION DENYING THE APPEAL OF DANIEL <br /> AND MARY DAVIS, AP-89-12, APPEALING A <br /> DECISION OF THE BOARD OF ADJUSTMR~ WHICH <br /> DENIED APPROVAL OF CASE V-89-10, <br /> APPLICATION FOR A VARIANCE TO ALLOW THE <br /> CONSTRUCTION OF A GARAGE STRUCTURE THAT <br /> WILL ENCROACH INTO THE REQUIRED SIDE YARD <br /> SETBACK, AND A FENCE OVER 30" IN HEIGHT <br /> ON A PROPERTY LINE <br /> <br />WHEREAS, at its meeting of July 12, 1989, the Board of <br /> Adjustment denied approval of the application of <br /> Daniel and Mary Davis for a variance from the <br /> Municipal Code to allow the construction of a <br /> garage structure that will encroach into the <br /> required side yard setback, and a fence over 30" in <br /> height on the property line, both located at 4122 <br /> Nevis Street, as all legal findings required to <br /> grant approval of this variance request could not <br /> be made; and <br /> <br />WHEREAS, within the time specified by the Pleasanton <br /> Municipal Code,the applicant submitted an appeal to <br /> the City Clerk of the City of Pleasanton; and <br /> <br />WHEREAS, a public hearing was held before the City Council <br /> on August 15, 1989 at which time all pertinent <br /> testimony and documents were reviewed; and <br /> <br />WHEREAS, based on the preponderance of evidence, the legal <br /> findings required to grant approval of Case <br /> V-89-10 could not be made. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />RESOLVES AS FOLLOWS: <br /> <br />Section 1: Denies the appeal in Case V-89-10, thereby <br /> denying approval of the application for a variance <br /> from the Municipal Code to allow the construction <br /> of a garage structure that will encroach into the <br /> required side yard setback, and a fence over 30" in <br /> height on the property line, both located at 4122 <br /> Nevis Street. <br /> <br />Section 2: This resolution shall become effective <br /> immediately upon its passage and adoption. <br /> <br /> <br />