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4 2 <br /> but if rezoning effective for whole of area , he would <br /> have the optioryto withdraw his application e <br /> Motion carried . ( MINUTE ORDER ft 6Q -195 ) <br /> Appeal of C * W , Lebsack on behalf of Florence J . Johnson , 2077 Alameda de las Pulgas , <br /> from denial by the Planning Commission of an application for a variance from the <br /> fence height limitations provisions of Ordinance No . 1130 , presented for con - <br /> sideration . <br /> Staff report stated applicant requests permission to install a six -foot high <br /> chain link fence where the maximum allowable height is 36 inches and appeal sub - <br /> mitted because of this request having been denied by the Planning Commission <br /> City Attorney advised Council , so there would be no misunderstand ing , this item <br /> had arisen as a result of acquisition by M ty of a portion of applicant's <br /> property for widening purposes of Alameda de las Pulgas and her desire to install <br /> a Pence on her remaLnin : Property line . ue stressed point that although facts <br /> indicated a contact between City and applicant had been established for purpose <br /> of acquisition nerfoti_.ations , her application for a variance must stand on its own <br /> merits with regard to the existing Zoning Ordinance . <br /> C . Tel . Lebsack, Attorney representing applicant , <br /> Florence J . Johnson , concurred with City Attorney ' s <br /> s <br /> statements that this appeal stood on its own merits , but <br /> had been brought about by acquisition of a portion of <br /> her property required ear widening of Alameda de las <br /> Pul ;as . <br /> Mr . Lebsack summarized the basis of the appeal submitted <br /> by him in support of their application for a variance in <br /> that home was built in 1965 and set back from the Alameda <br /> to make room for future widenin , as plan lines then <br /> contemplated for widening to he accomplished from both <br /> sides of the Alameda a He stated since that time widening <br /> plans had been changed due to obstacles pr. esented by <br /> Town of Woodside incorporating and to the extent that <br /> present widening will be effected by acquisition on only <br /> City side of the Alameda and to a much greater extent than <br /> had been originally planned , as now totaling 7 , 000 <br /> square feet . <br /> Slide was shown of how house now to be affected with loss <br /> of this amount of property due to widening of Alameda <br /> and graphically explained how fencing proposed would tie <br /> in to fencing by City , not cause any traffic hazard , and <br /> would provide for the privacy and insulation from side- <br /> walk to be installed . He also related there had been a <br /> series of incidents relatinm to interlopers , and since <br /> Mrs . Johnson was a widow and living T<rith a widowed sister , <br /> fencing proposed would insulate them from om such incidents , <br /> since even existing protective landscaping, had to be <br /> removed . <br /> He felt granting of variance for fencing would not be <br /> out of character for the neighborhood , as had been illus - <br /> trated and due to the unusual circumstances , came Drell <br /> within the criteria. for ^'ranting a variance . <br /> After discussion , Councilman Rosselli moved to reverse the action of the Planning, <br /> Commission and that variance be ;ranted , seconded. by Councilman Weymouth . <br /> In reply to question of Council whether Planninm Comrn.=i. s : i.on was concerned with <br /> setting of nre2edent , Planning Director replied this 'would be a. part of concern <br /> for every variance request , but in this instance felt denial was result of finding <br /> al 13 '69 <br />