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Home My WebLink AboutAgenda Report - October 16, 1985 (59)1 _ UT _ CITY Q 13�R� IL MEETING r . 1 APPEAL RE VARIANCE 5� TO INCREASE MAXE4M FTNCE HEIGHT BENIID Notice thereof having been published in accordance with law, and an affidavit \\ of publication being on file in the office of the City Clerk, Mayor Hinchman called for the Public Hearing to consider an appeal filed by Mr. and Mrs. Ron Sagert, 142 South Sunset Drive, Lodi., of a planning Commission decision denying a request for a variance to increase the maximum fence height on the subject property from seven feet to nine feet, 10 inches, to permit all existing fence to remain. The matter was introduced by City Manager Peterson. Co mznity DeveloE ent Director Schroeder presented additional information. Pictures of the subject area and fence were presented for Council's perusal. The following persons spoke on behalf of the appeal. a) Mr.. Ron Sagert, 142 South Sunset Drive, Lodi b) Mrs. Ron Sagert, 142 South Sunset Drive, Lodi There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. A lengthy discussion followed with questions being directed to Staff. Council Acerber Pinkerton then moved to grant the appeal. The motion was seconded by Mayor Hirschman but failed to carry by the following vote: Ayes: Council Members - Pinkerton Noes: Council Members - Olsen, Reid, Snider, and Hinchmar. In accordance with this action of the Lodi the appeal was denied ` City Council, subject r UNCIL COMMUNICATION i TO: THE CITY COUNCIL DATE FROM: THE CITY MANAGER'S OFFICE October 4, 1985 SUBJECT. SAGERT VARIANCE APPEAL BACKGROUND: Mr. and Mrs. Ron Sagert installed an above -ground swimming pool in their rear yard at 142 South Sunset Drive, and erected decking and screening fencing adjacent to it. The fencing at its highest point is 9 feet 10 inches which is 2 feet 10 inches above the maximum fence height permitted in a residential zone. The Planning commission denied the- Variance request because it could find no "Zoning Hardship". ' 'J me s B. Schroeder ommunity Development Director NO. LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL OF THE CITY OF LODI TO CONSIDER THE APPEAL OF MR. RONALD SAGERT, 142 SOUTH SUNSET DRIVE, LODI OF THE LODI CITY PLANNING COMMISSION'S DENIAL OF HIS REQUEST FOR A ZONING `TARIANCE TO INCREASE THE MAXIMCM FENCE HEIGHT FROM 7 FEET TO 9 FEET 10 INCHES TO PEMM AN EXISTING FENCE TO REMAIN IN THE REAR YARD AT 142 SOUTH SUNSET DRIVE, LODI, IN AN AREA ZONED R-2 SINGLE-FAMILY RESIDENTIAL NOTICE IS HEREBY GIVEN THAT ON the 16th day of October 1985, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the Lack City Council will conduct a Public Hearing in the Chambers of the Lodi City Council at 221 West Pine Street, Lodi, California, to consider the appeal of Mr. Ronald Sagert, 142 South Sunset Drive, Lodi, of the Lodi City Planning Commission's denial of his request for a Zoning Variance to increase the maximum fence height from 7 feet to 9 feet 10 inches to permit an existing fence to remain in the rear yard at 142 South Sunset Drive, Lodi in an area zoned R-2, Single -Family Residential. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views either for or against the above proposal. Written statements may be filed with the the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. If you challenge the subject matter in court you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to, the Public Hearing. By Order of the Lodi City Council Alice M. Re��' I�e City Clerk Dated: October 2, 1985 Lys 4 •" � •:'f 1Q85 YAR1ANCE C®rid ;�+' ,IDEVLC3Pi EUr a APPL ION >_ rQ T ytl ?iYF �t F rh'aAfTr "-r., '' • ,• a s,?� 1 ; x -- "irtti�nces m Zo din Oz�iinanLs aen3s �4�e meted only wheat because of special y: YtarrcceIF s ail3cablet toChs tis shape, tYs 3ocattt>n :ar sarrasmdfngs, Ya Q xi_ app �ratlox< o£. five � S' ` �'t$4 property Qf privileges enjoyed°�y other tiffs �e ;sales �E nor; at le r- �� et "Vsx3mice i mot ;caasiitu e a _grant a# a.;�; pial vileges toot eon �� sa'e sone or'�initp �"" a ' OV8.x .. ,j .. {O ER{�.�'(�i r ��-:yaj7 yx•. ..F �,�+yS��'� � •,. � ��-y'�� '�, o .� •t.��'-". r y� _ Y.i !1 .x e c E to tY VY,ZWNER(sjr � n� i` '' :Ks `� Phone �t]T 4#hd�ET1t irAttl at?O�ej T" it f . {r �' 7t+ti•4 u C^ .-tt� , '4 ', i r LfTtiTTRESS}#r X Phone v RESENT ZONING. DESIGNATION RESENT LAND USE ., cc �c r BA-tEF DESCRIPTION OF REQUEST Z64 1,117 Signature .o p I lgnature of Hfoperty,er THE FOLLOWING MIST BE SUBMITTED. WITH ALL VARIANCE APPLICATIONS: - 1. One (1) 8�xll transparency of a site plan (drawn to scale) showing property dimensions, existing and proposed buildings, parking areas and other improvements_ 2. In a written statement, on a separate page, provide the following information: a. A description of the nature, purpose and details of the request. b. A description of the unique or extraordinary ccnditions pertaining to the p_operty which warrant approval of the Variance. C., A description of any property rights enjoyed by other property in the same zone or vicinity which is being denied the subject property. d. An explanation substantiating that the approval of the variance would not be detrimental or injurious to the public welfare or other properties in the vicinity. 3. Filing Fee. Date Received �1-i - P/C Mg. Date �1-a3 -�5— File No. t�S By CC Ng. Date Receipt No. CITY COUNCIL I DAVID M. HINCHMAN, Mayos FRED M. REID Mayor Pro Tempore EVELYN M. OLSON JAMES W. PINKERTON, Jr. JOHN R. (Randy) SNIDER CITY OF LORI CITY HALL, 221 WEST PINE STREET CALL BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5634 If September 24, 1985 Mr. Ronald Sagert 142 South Sunset Drive Lodi, CA 95240 Dear Mr. Sagert: THOMAS A, PETERSON City Manager ALICE M. REIMCHE City Clerk RONALD M. STEIN City Attomey RE: Zoning Variance - A-85-21 Fence Height - 142 South Sunset Drive At its meeting of Monday, September 23, 1985 the Lodi City Planning Commission denied your request for a Zoning Variance to increase the maximum fence height from 7 feet to 9 feet 10 inches to permit an existing fence to remain in the rear yard at 142 South Sunset Drive in an area zoned R-2, Single -Family Residential. In denying your request the Planning Commission determined that a "Zoning Hardship" as defined in the Municipal Code did not exist. Section 17.72.110A of the Municipal Code provides as follows: t' "Appeal to Council. Any applicant or person claiming to be directly and adversely by any action of the Plannin :a Commission may, within five days (i.e. working daysq} after w the action file a written appeal with the City Clerk for transmittal to the City Council." Your appeal, if any, should be directed to Mrs. Alice M. Reimche, City Clerk, P. 0. Box 3006, Lodi, CA 95241-1910 and must be received by her before 5:00 p.m., Monday, September 30, 1985. Sincerely, 1 A ES B. S&HEDER (Co unity Development Director i ,. cc: City Clerk SAGERT 142 S. SUNSET A-85-21 9-23-85 ST 19 se ma am —OAK—. 192 592 � 1w No R-1 t j _3 sim� wmi Z s WALNUT R -2 I s z 0 m Ir Al AM 4MM& -d� 4r -AMM C-1 LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE LODI CITY COUNCIL OF THE CITY OF LODI TO CONSIDER THE APPEAL OF MR. RONALD SAGERT, 142 SOUTH SUNSET DRIVE, LODI OF THE LODI CITYPIANI3ING COMMISSION'S DENIAL OF HIS REQUEST FOR A ZONING VARIANCE TO INCREASE THE MAXIM[M FENCE HEIGHT FROM 7 FEET TO 9 FEET 10 INCHES TO PERMIT AN EXISTING FENCE TO REMAIN IN THE REAR YARD AT 142 SOUTH SUNSET DRIVE, LORI, IN AN AREA ZONED R-2 f SINGLE-FAMILY RESIDENTIAL NOTICE IS HE MY GIVEN THAT ON the 16th day of October 1985, at the hour of 7:30 p.m., or as soon thereafter as the mtter may be heard, the Lodi City Council will conduct a Public Hearing in the Chambers of the Lodi °s City.Council. at 221 West Pine Street, Lodi, California, to consider the i appeal of Mr. Ronald Sagert, 142 South Sunset Drive, Lodi, of the Lodi City Plaruiing Caranission's denial of his request for a Zoning Variance to c increase: the maximtun fence height. from 7 feet to 9 feet 10 inches to permit an existing fence to remiin in the rear yard at 142 South Sunset Drive, Lodi in an area zoned R•-2, Single -Family Residential. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views either for or against the above proposal. Written statements may be filed with the the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. If you challenge the subject matter in court fou may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to, the Public Hearing. ByOrder -, of the Lodi City Council Alice M. Reimche City Clerk Dated: October 2, 1935