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Minutes San Leandro City Council Meeting September 17, 1990 Page 13 PUBLIC HEARINGS (continued) Steve Meyers, City Attorney, said an Owner Participation Agreement could also require that North Area standards be applied to the property. There being no further comments from the public, on motion of Council Member Glaze, seconded by Council Member Perry and carried unanimously, the Public Hearing was closed. On motion of Council Member Perry, seconded by Council Member Faria, with Council Member Santos abstaining, the City Council denied the Appeal . It was noted that denial of the Appeal would require that the Conditions of Approval for the initial Conditional Use be met and that an Owner Participation Agreement would be prepared. f. Matter of FM-89-7; Fence Modification to Construct a 9-Foot, 6-Inch-High Combination Masonry-Block and Solid-Wood Fence Along a Side Property Line; 1711 Estudillo Avenue; Assessor's Parcel Number 79-120-16; Roger Anderson; R-1 (Single Family) District -Appeal . Continued from August 20, 1990, City Council Meeting. This being the time and place for the Public Hearing on the above matter, Gaye Quinn, Acting Director of the Building and Planning Department, said the Board of Zoning Adjustments had approved the fence subject to Conditions of Approval and that the Applicant did not agree to the conditions requiring reduction in the height of the fence, therefore, he had appealed the action of the Board to the City Council . She said the fence was approximately 10 feet high and a violation of City codes. She said Mr. Emanuele, the adjacent property owner, objected to the fence. She showed plans and slides showing that the fence created a tunnel -like affect on the adjacent property and blocked views. She said this matter had been under consideration for some A time and that, although the owner of the fence, Mr. Anderson, felt the fence was necessary to mitigate the impact of the large property adjacent to the fence, the Board did not agree and required that the fence be lowered in certain areas. The Hearing was then opened to the public. Roger Anderson, 1711 Estudillo Avenue, the Appellant and owner of the fence, said this started two years ago when Mr. Emanuele started construction on the adjacent property. He said he built the fence for the safety of his family. He described the difference in grade between the two homes and said if the fence height were lowered, people on the adjacent property would be able to look into his bedroom windows or jump the fence. He showed a series of slides and said the fence was not visible from Estudillo Avenue. He said that, although the fence is actually 10 feet high, the difference in grades between the two homes essentially creates a 6-foot-high fence. John Emanuele, 1631 Estudillo, said he is the owner of the property at 1725 Estudillo Avenue and would be moving there. He showed three photographs, one of which showed the view from his kitchen window which directly faces the fence. He said the code says that six feet is reasonable and that there are many other two-story houses in San Leandro but no ten-foot fences.