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Dr. Peter Schubart, 24624 Olive Tree Lane, reiterated his concerns regarding the <br /> visual impact of this proposed fence. He believed the fence could be <br /> placed further down the slope and in that location could be six feet high. <br /> He also believed the plantings as presently proposed around the fencing <br /> would grow into the roadway. <br /> Rick Ellinger, 28520 Matadero Creek Lane, referred to the fences shown by Dr. <br /> Foward as an example of what is being built or has been built in the Town <br /> and suggested that these fences be brought to the Council for review. <br /> Stephanie Munoz, 13460 Robleda, discussed the locations of certain fences and <br /> believed all properties should be equally treated. She believed problems <br /> such as illegally placed fences could be addressed when the properties were <br /> sold. <br /> Council discussed the location of the fence, topography, stability of the ground, <br /> the possibility of placing the fence further down on the property and <br /> concerns about putting a fence in the easement. Casey reiterated her <br /> request that the Town review the fence ordinance and she shared the <br /> applicant's concern that there were a lot of fences in Town that did not <br /> conform. Johnson stated that other illegal fences in Town did not affect <br /> tonight's request for a variance for fence. He did not believe the fence was <br /> (kW acceptable as proposed and the variance findings could not be met. He <br /> further commented on the instability of the slope and the difficulty of <br /> placing a fence in that location. Johnson also noted that oleanders needed <br /> to be properly maintained and should be moved further in on the <br /> property. <br /> PASSED BY CONSENSUS: To continue the public hearing on Lands of <br /> Forward to the December 18th Council Meeting and to direct staff to mark <br /> on the property where the proposed fence would be located. <br /> 7. UNFINISHED BUSINESS <br /> 7.1 Discussion of Amendment to the Zoning Ordinance to allow for <br /> Encroachment of Eaves and Similar Structures into the Setback <br /> Siegel mentioned that there should not be blanket exceptions, rather exceptions <br /> should be based on good design and could be decided at the staff level. <br /> Tryon noted this could be reviewed as a minor variance. Hubbard <br /> expressed his concerns about plans that were drawn up early by an <br /> applicant. The Director of Public Works suggested the whole issue of <br /> k setbacks be discussed at the same time and Tryon suggested that the new <br /> ` November 20, 1991 <br /> 5 <br />