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2 <br />complies with this ordinance, a zoning permit shall be required prior to issuance of a building permit”; and <br /> <br />WHEREAS, Article 21 of the Zoning Code further states that “the Zoning <br />Enforcement Official may determine that a specific use shall not be deemed to be within a classification if its characteristics are substantially incompatible with those typical of uses named within the classification”; and <br /> <br />WHEREAS, after reviewing the Appellant’s proposed building permit and <br />evaluating the applicable policies of the General Plan and provisions of the Zoning Code, including provisions regulating fences, walls, and hedges as well as restrictions on the use of razor / barbed wire, the ZEO made the determination <br />that the building permit could not be issued due to the fact that there are no <br />provisions in the Zoning Code permitting the use of an electric fence; and <br /> WHEREAS, the Appellant was notified of the disapproved building permit on August 25, 2016 and filed an appeal of the determination within the 15 day <br />appeal period on September 7, 2016, in accord with Article 28 of the San <br />Leandro Zoning Code; and <br /> WHEREAS, the Board of Zoning Adjustments held a duly noticed public hearing on November 3, 2016, at which time all interested parties had the <br />opportunity to be heard on the Appeal; and <br /> <br />WHEREAS, the staff report presented to the Board of Zoning Adjustments dated November 3, 2016, described and analyzed the Appellant’s position and contained an analysis which concluded that electric fences are not permitted <br />within the City consistent with the principles of permissive zoning and findings <br />could not be made to indicate that electric fences are similar to other types of <br />fencing materials permitted under the Zoning Code, which report is on file with the City and incorporated herein by reference; and <br />WHEREAS, the Board of Zoning Adjustments has fully considered the <br />determination made by the ZEO as well as the arguments made by and on behalf <br />of the Appellant, the staff report, and all other testimony and evidence presented at the public hearing. <br />NOW, THEREFORE, BE IT RESOLVED THAT: The above recitals are <br />true and correct and made a part of this resolution. <br /> BE IT FURTHER RESOLVED THAT: The Board of Zoning Adjustments does hereby consider the Appeal of Electric Guard Dog LLC. (APL16-003) and <br />makes the following findings and determinations: <br /> <br />A. The San Leandro Zoning Code operates under the principles of permissive zoning. Electric fences are not a use listed or permitted in the