HomeMy WebLinkAboutCouncil Resolution 567RESOLUTION NO. 567
A RESOLUTION REVERSING PLANNING COMMISSION
DETERMINATION ALLOWING FENCE VARIANCE
WHEREAS, the City Planning Commission on July 10, 1990
approved a fence variance for applicant David Mitrany at 815
Freeman Road within the City, and thereafter, on July 19, 1990,
the City Council, pursuant to Municipal Code Section 1.24.080,
scheduled an own motion review of the Planning Commission
determination, and
WHEREAS,. after due notice, a public hearing was held before
the City Council on August 16, 1990 at which time the Council
reviewed the record of said variance application and. accepted
evidence, including the testimony of the variance applicant, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section 1. The City Council. hereby makes the following
findings of fact:
A. Applicant's property is not odd in shape.
B. Applicant's lot is a typical corner lot for the City of
Central Point.
C. A 42 inch fence is the allowable height in this area.
D. A fence of the allowable height of 42 inches would
restrict access of children, would define the subject property,
and would insure a degree of privacy and security.
E. Other screening techniques are available for the
bathroom windows of applicant's home.
F. Applicant was aware of the circumstances of said
property at the time of purchase.
G. Applicant is utilizing his property within the intent.
and purpose of its zoning district, to-wit, a R-1-8 zone.
Section 2. The City Council hereby makes the following
conclusions:
A. Strict application of the provisions of Central Point
Municipal Code Chapter 15.20, regulating fences throughout the
City, would not result in unnecessary hardship to applicant.
B. Insufficient evidence was presented to indicate that the
proposed variance would:
(1) Provide advantages to the neighborhood or the
City.
(2) Provide beautification to the neighborhood or the
City.
(3) Provide safety to the neighborhood or the City.
RESOLUTION NO. 567 _ 1
(MITRANY.RES - 091890)
(4) Provide protection to the neighborhood or the
City.
(5) Would not have any adverse impacts upon the
neighborhood.
Section 3. Based upon the foregoing findings of fact and
conclusions, the decision of the Planning Commission of July 10,
1990 is reversed and the application for variance of applicant
David Mitrany at 815 Freeman Road within the City, is hereby
denied..
Passed by the Coupcil and
its passage this ~~ day of_
ATTEST:
City Repr en a~iv~
APPROVED by me this
me in authentication of
s i >-'-1-99 Q .
RESOLUTION NO. 567 - 2
(MITRANY.RES - 091890)