1991-213-Denying The Appeal Of The Planning Commission Decision Denying A Request For Permission To Increase The Height Of Fencing Along The Side And Rear Property Lones From Six To Ten Feet On Property In The HR-2-1/2 Zone, Variance Application V-91-2CORRECT VOTE
RESOLUTION 1991 - 213
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING THE APPEAL OF THE PLANNING COMMISSION DECISION
DENYING A REQUEST FOR PERMISSION TO INCREASE THE HEIGHT OF
FENCING ALONG THE SIDE AND REAR PROPERTY LINES FROM SIX TO
TEN FEET ON PROPERTY IN THE HR -2 -1/2 ZONE, VARIANCE
APPLICATION V -91 -2
(102 LEOTAR COURT /APPELLANT: OLIVER C. AND SUSAN G. FLACH)
WHEREAS:
A. Oliver C. and Susan G. Flach, property owners and applicants, have appealed
a decision of the Planning Commission denying a request for permission to increase the
height of fencing along the side and rear property lines from six to ten feet on property in
the HR -2 -1/2 zone (Variance Application V- 91 -2). Property located at 102 Leotar Court;
B. Appellant has erected a fence higher than six feet high on the hillside lot at the
side and rear yard in an effort to keep deer from entering their property;
C. The Development Review Committee reported on July 26, 1991 to Planning
Commission their recommendation to deny the appeal based on the belief that the
prescribed findings required by Section 5.20.110 of the Zoning Ordinance could not be
made;
D. The Planning Commission on July 26, 1991 denied the request for a variance
finding that obstructing the free movement of animal life in the hillsides is contrary to Town
policy that promotes continuous banks of open space to allow open corridors; and
E. A public hearing was held on September 3, 1991.
RESOLVED:
A. The Town Council hereby finds that the Planning Commission did not err in
their decision denying permission to increase the height of fencing along the side and rear
property lines from six feet to ten feet.
B. Based on the foregoing findings, the appeal is denied.
C. The Town Council hereby further resolves that enforcement of the height
limitation on fences in the hillside area which existed on September 3, 1991, shall be
suspended until the Planning Commission makes findings and recommendations, subject to
Council approval, concerning the aesthetics, and the open space and protection issues
related to fence height in the hillside areas.
Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review
for the Town Council decision is governed by California Code of Civil Procedure Section
1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 16th day of September, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Ataway, Joanne Benjamin Steven Blanton
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: Mayor Brent N. Ventura
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
IN CORRECT VOTE
RESOLUTION 1991 - 213
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING THE APPEAL OF THE PLANNING COMMISSION DECISION
DENYING A REQUEST FOR PERMISSION TO INCREASE THE HEIGHT OF
FENCING ALONG THE SIDE AND REAR PROPERTY LINES FROM SIX TO
TEN FEET ON PROPERTY IN THE HR -2 -1/2 ZONE, VARIANCE
APPLICATION V -91 -2
(102 LEOTAR COURT /APPELLANT: OLIVER C. AND SUSAN G. FLACH)
WHEREAS:
A. Oliver C. and Susan G. Flach, property owners and applicants, have appealed
a decision of the Planning Commission denying a request for permission to increase the
height of fencing along the side and rear property lines from six to ten feet on property in
the HR -2 -1/2 zone (Variance Application V- 91 -2). Property located at 102 Leotar Court;
B. Appellant has erected a fence higher than six feet high on the hillside lot at the
side and rear yard in an effort to keep deer from entering their property;
C. The Development Review Committee reported on July 26, 1991 to Planning
Commission their recommendation to deny the appeal based on the belief that the
prescribed findings required by Section 5.20.110 of the Zoning Ordinance could not be
made;
D. The Planning Commission on July 26, 1991 denied the request for a variance
finding that obstructing the free movement of animal life in the hillsides is contrary to Town
policy that promotes continuous banks of open space to allow open corridors; and
E. A public hearing was held on September 3, 1991.
RESOLVED:
A. The Town Council hereby finds that the Planning Commission did not err in
their decision denying permission to increase the height of fencing along the side and rear
property lines from six feet to ten feet.
B. Based on the foregoing findings, the appeal is denied.
C. The Town Council hereby further resolves that enforcement of the height
limitation on fences in the hillside area which existed on September 3, 1991, shall be
suspended until the Planning Commission makes findings and recommendations, subject to
Council approval, concerning the aesthetics, and the open space and protection issues
related to fence height in the hillside areas.
Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review
for the Town Council decision is governed by California Code of Civil Procedure Section
1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 16th day of September, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Ataway, Joanne Benjamin Steven Blanton
Mayor Brent N. Ventura
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED: 12l% ,�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF OS GATOS
LOS GATOS, CALIFORNIA
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