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PLANNING COMMISSION <br />CITY OF PLEASANTON <br />COUNTY OF ALAMEDA <br />STATE OF CALIFORNIA <br />RESOLUTION NO. 2544 <br />A RESOLUTION OF THE PLANNING COMMISSION DENYING THEIR <br />APPEAL OF A MINOR MODIFICATION TO CASE PUD-79-11 <br />REQUESTED BY MR. HOWE OF 645 ABBIE STREET <br />WHEREAS, Roy Howe, owner of the single-family residential <br />property located at 645 Abbie Street in the Old Towne <br />development submitted an application for a modification <br />to the planned unit development governing the Old Towne <br />project; and <br />WHEREAS, the modification consists of allowing Mr. Howe to retain <br />the 4 ft. high by 28 ft. long masonry wall which he has <br />constructed across the northeast corner of his property. <br />This was determined to be a minor modification to the <br />PUD and approved by the Zoning Administrator on 9/6/84; <br />and <br />WHEREAS, the Planning Commission appealed the decision of the <br />Zoning Administrator at their meeting of October 10, <br />1984; and <br />WHEREAS, appeals of modifications to the PUDs require public <br />hearing before the Planning Commission and City Council; <br />and <br />WHEREAS, the Planning Commission considered all public testimony, <br />relevant exhibits and rcommendations of the City staff <br />concerning this appeal; and <br />WHEREAS, the northwest portion of the wall (5+ ft. in length) is <br />located within the right-of-way of Abbie Street and, <br />hence, is on City owned property. A PUD modification <br />cannot be granted for this portion of the wall since the <br />street is unzoned. If that portion is to be retained, <br />Mr. Howe needs to secure an encroachment permit from the <br />Director of Public Works or the City Council. <br />NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PLEASANTON <br />RESOLVES THE FOLLOWING: <br />Section 1. Denies the appeal of the Planning Commission and <br />concurs with the decision of the Zoning Administrator to <br />allow the retention of that portion of the wall on Mr. <br />Howe's property because it would not be a traffic sight <br />obstruction and the appearance of the wall is acceptable <br />and that it would not adversely affect any surrounding <br />