Minutes 1993 1101 - Laserfiche WebLink

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Minutes - San Leandro City Council Meeting - November 1, 1993 Page - 6 - 8. PUBLIC HEARINGS A. Matter of FM-93-6; Appeal by Yassin A. Salem of the Board of Zoning Adjustments' Denial of FM-93-6; Fence Modification; to Retain an Existing 6'5" High Wall and Fence Within the 10-Foot Street-Side Yard Setback; 1659 Brookside Drive, Southeast Corner of Brookside and Donovan Drives; Assessor's Parcel Number 77A-667-1 ; Yassin A. Salem; R- 1 (Single-Family) District. This being the time and place for the Public Hearing on the above matter, Elmer Penaranda, Associate Planner, said the subject property is a single-family home located at the corner of Brookside and Donovan. He said there is a 6'6" combination block wall and chain link/redwood slat fence, built immediately adjacent to the back of the sidewalk, within the City's 2-1/2 foot right of way. He said the Board of Zoning Adjustments denied the Application because the fence causes a sight distance problem, and the construction is not congruent with the residential area and cannot be buffered because of its proximity to the sidewalk. The City Council asked questions regarding the construction, height, and location of the fence and wall , how the gates open, and the distance from the property line. Mr. Penaranda said the fence encroaches into the City's right of way and must be moved back a total of 12-1/2 feet to meet Code requirements. He described the sight distance problems related to other vehicles. Steve Meyers, City Attorney, said the City is often involved in lawsuits involving sight distance problems; and, with the testimony of the City Engineer, the City now has notice that a sight distance problem exists at this location and could be held liable for damages in case of an accident. Staff described ways in which the sight distance problems could be remedied. Manal and Yassin Salem, the appellants and property owners, spoke on the matter. They said the fence was in place when they bought the property, and they contacted the City before building the block wall and were told it would be permissible. They said there are a number of other properties in the area with similar fences, and the rules should apply to everyone. Ms. Salem said according to her family's religious beliefs she is not allowed to show her hair to any male except her husband, father, or brothers, and the fence allows her to go into her backyard without her veil . She said without the fence she would not be able to go into her own backyard without wearing a veil , and the location of the garage is such that there is no other backyard space available. She suggested alternatives to the existing situation. Mayor Faria suggested the appellants work with staff to prepare a new application with an alternative proposal for the design of the fence. The Salem's said they were agreeable with that.