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289 <br /> referred to the requirement that a screening fence be approved by the <br /> Architecutral Committee and the reportedly deteriorated condistions of <br /> the fence , <br /> Mr . Stuhr took exception to that statement , and said that it was a painted , <br /> solid wooden fence seven feet high . Councilman Henderson noted that the <br /> Planning Commission record indicated that the seven foot fence exceeded <br /> the legal height limit and owner was so informed by the Planning Depart- <br /> ment , after which part of the fence was cut down to five feet , rather than <br /> the required three feet , with part remaining at seven feet , Mr . Stuhr <br /> said two fences were involved , and that due to misunderstanding when told <br /> the fence must be shortened , it was cut to five feet , but that it was now <br /> three feet in front . With respect to reference to the deteriorated condi - <br /> tion of the fence , Mr , Stuhr stated it was built with new lumber at the time <br /> of issuance of. the Use Permit , and could not understand what the statement <br /> meant . <br /> There was additional discussion relating to ingress and egress , which <br /> was to have been limited to Railroad Avenue from Pine Street , whereas <br /> Chew Street was used as the main access . Mr , Stuhr acknowledged that <br /> for a period of time , until approximately October 1972 , this was true , <br /> but the gates along Chew Street were closed in November . <br /> Mr , Richard Bywater , 433 Parrot Drive , San <br /> Mateo , responded to report of non-compliance <br /> of condition relating to improvement of Rail- <br /> road Avenue , stating there was existing pave - <br /> ment on the street , and that he did place fill <br /> in the chuck holes which developed from time <br /> to time , He also described events relative to <br /> fencing plans and building plans , which had not <br /> been possible because Southern Pacific right <br /> of way had not been possible to use . <br /> After additional discussion , City Attorney was granted the opportunity <br /> to question Mr . Bywater , following which he concluded that from the <br /> proceedings so far , the testimony related to some kind of confusion on <br /> the part of the applicant , while the matter before Council concerned <br /> conditions of the Use Permit , and the applicant had admitted a number <br /> of times that he had violated those conditions . <br /> Following brief discussion , Mayor Keckley invited the Planning Director <br /> to respond , He reviewed events relating to the Use Permit , issued on <br /> April of 1971 , referring to a drawing which delineated the area involved <br /> in the Permit . He listed the conditions attached to the Permit , Subse - <br /> quently , applicant worked with Public Works Department in the hope of <br /> achieving abandonment of public property adjacent , which would have <br /> 2 /5/73 <br />