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THE CITY OF 12 CITY COUNCIL AGENDA REPORT PL£ASANTONe February 21, 2012 January 10, 2012 Community Development Planning Division TITLE: P11-0731, CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN ADMINISTRATIVE DESIGN REVIEW APPLICATION TO CONSTRUCT AN APPROXIMATELY 74-FOOT LONG FENCE, VARYING IN HEIGHT FROM 72 INCHES TO 83 INCHES, BETWEEN 3647 AND 3633 GLACIER COURT NORTH. ZONING FOR THE PROPERTY IS R-1-6,500 (ONE- FAMILY RESIDENTIAL) DISTRICT APPELLANT: Carl Pretzel APPLICANT: Robert Baker SUMMARY Mr. Carl Pretzel and Mr. Robert Baker are adjoining neighbors on Glacier Court North. In the summer of 2011, they agreed to reconstruct the existing fence located on the side property line separating the properties. The cost of the fence material was shared; Mr. Baker provided labor. The subject fence was over six feet in height; neither Mr. Pretzel nor Mr. Baker obtained prior City approval for an overheight fence. As a result of code enforcement action, on August 31, 2011, Mr. Baker submitted an application for Administrative Design Review approval for the subject fence. Mr. Pretzel was the co- applicant of this application. Notice concerning the overheight fence was sent to adjoining property owners and a request for a Zoning Administrator hearing was made. Meanwhile, on October 5, 2011, Mr. Pretzel notified staff that he wanted to withdraw his name as the co-applicant. He stated that he opposed the overheight fence and requested that the fence height be reduced to six feet. Mr. Pretzel appealed the Zoning Administrator's approval of the subject fence to the Planning Commission. The Planning Commission heard the subject matter and denied the appeal. Mr. Pretzel subsequently filed an appeal of the Planning Commission's decision to uphold the Zoning Administrator's action. The appeal is therefore before the City Council. ZONING ADMINSTRATOR ACTION Approved the overheight fence subject to Conditions of Approval (Attachment 4). PLANNING COMMISSION ACTION The Planning Commission unanimously denied the appeal, thereby upholding the Zoning Administrator's approval of the overheight fence subject to Conditions of Approval as listed in the Zoning Administrator's approval fetter (Attachment 4).