HomeMy WebLinkAboutCouncil Resolution 568RESOLUTION NO. 568
A RESOLUTION REVERSING PLANNING COMMISSION
DETERMINATION ALLOWING FENCE VARIANCE
WHEREAS, the City Planning Commission on July 10, 1990,
approved a fence variance for applicant Philip Rivers at 361 North
Third Street 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 lot is a typical corner lot. for the City of
Central Point.
B. Applicant was aware of the circumstances. of said property
at the time of purchase.
C. A six foot fence placed in the front or side setback area
of a corner lot restricts vehicular site distance,
thereby adversely impacting the neighborhood and motoring
public.
D. A 42 inch fence is the allowable height in this area.
E. 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.
F. Applicant is utilizing his property within the intent and.
purpose of its zonng district, to-wit, an 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:
RESOLUTION NO. 568 RIVERS.RESO/ADMIN
(3/091790)
(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.
(4) Provide protection to the neighborhood or the
City.
(5} 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
Philip Rivers at 361 North Third Street within the City, is hereby
denied.
Passed by the Council and
its passage this ~ day of _
ATTEST:
City Repr ntative
1990.
APPROVED by me thi:
by me in authentication of
x,-~~~~ 1990.
RESOLUTION NO. 568 RIVERS.RESO/ADMIN
(3/091790)