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HomeMy WebLinkAboutRES NO 50-00RESOLUTION NO. 5 © :~ 0 0 RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF BAKERSFIELD DENYING IN PART AND APPROVING IN PART AN APPEAl. BY WARREN PETERSON, REPRESENTING RALPH AND DONNA KUHEN, OF THE BOARD OF ZONING ADJUSTMENT'S DEC~S]ON TO DENY A MODIFICATION TO ALLOW A SIX-FOOT HIGH MASONRY WALL ~N THE FRONT YARD WHERE FOUR FEET IS THE MAXIMUM FENCE HEIGHT ~N AN R-I (ONE FAMILY DWELLING) ZONE DISTR~CT LOCATED AT 2219 PINE STREET. (P00-0215) WHEREAS, Warren Peterson, ~'epresenting Ralph and Donna Kuhen, filed an application for a modification (File No. P00-0215) to allow a six-foot high masonry wall in the front yard where four feet is the maximum fence height in an R-I (One Family Dwelling) zone district located at 22~19 Pine Street.; and WHEREAS, said Board of Zoning Adjustment through its Secretary set Tuesday, April 11, 2000, at the hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before said Board on said application, and notice of said hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at said hearing the applicatic, n was duly heard and considered, and the Board of Zoning Adjustment denied the request; and WHEREAS, a timely appeal was filed by Warren Peterson representing the applicants objecting to the BZA's denial with the Clerk of the City Council; and WHEREAS, the City Council through its Clerk set May 10, 2000, at the hour of 7:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before said Council on said appeal, and inotice of said hearing was given in the manner provided by Title Seventeen of the Municipal Code o¢ the City of Bakersfield; and WHEREAS, at the above mentioned public hearing(s), afl facts, testimony and evidence concerning the project was considered by the Council. NOW, THERFFORE, BE IT RESOLVED BY THE C~TY COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: The City Council hereby adopts the Board of Zoning Adjustment's findings as contained in their resolution (No. 00-13). The City Council also hereby finds that although a solid fence in the front yard at a six-foot height will adversely affect the neighborhood, that additional security for the applicant is necessary and that a five-foot high wrought-iron fence would increase security but retain the openness of the front yard that characterizes the neighborhood. The City Council hereby denies the appeal to allow a six-foot high solid masonry wall but hereby allows a five-foot high wrought-iron fence in the front yard. .......... O00 .......... -2- ~ HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~4A¥ g A ~,~Ki by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmember Demond, Carson, Couch, Maggard, Rowles, Sullivan, Salvaggio Councilmember b,~O¢ ~ Councilmember ~J0~ ¢_~ Councilmember NO~%~ ¢¢-. APPROVED: I~AY ~, ~ ~¢¢"~' CITY OF BAKERSFIELD CITY CLERK and EX OFF!CIO CLERK of the .,ouncd of the C~ty of Bakersfield APPROVED as to form: BART THILTGEN, CITY ATTORNEY