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MOTION SECONDED AND WITHDRAWN: Moved by Hubbard, seconded by lir Tryon and motion withdrawn to deny the request for a variance to the height/setback requirements for a fence for Lands of Luke. Johnson commented that the situation was most unfair to the Lukes but he could not make the findings necessary for a variance. Tryon believed the findings could be made for the setback but not for the height variance. She also noted that the fence ordinance was going to be reviewed by the Council but Siegel noted that this may not happen in the near future. Mr. Luke, applicant, in response to an inquiry noted that the posts for the fence were in at a cost of about$30,000. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed by the following roll call vote to grant the request for a variance to the setback requirements based on the location of structure on the site; to deny the request for a variance to allow for a six foot fence but to allow a four and one half foot fence based on openness allowing for low fences by reference lines. AYES: Mayor Pro Tem Hubbard and Councilmembers Johnson and Tryon NOES: Mayor Siegel and Councilmember Casey PASSED BY CONSENSUS: To agendize the fence ordinance for a future Council Meeting and to notify the Lukes when the issue was agendized. Commissioner Noel asked that the Planning Director's presentation on fences be agendized for a Planning Commission Meeting. 6.3 Adoption of the 1989 Revision of the Santa Clara County Solid Waste Management Plan -- Reso # MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed by the following roll call vote to adopt Resolution #67-90 approving and adopting the solid waste management plan for the County of Santa Clara, 1989 Revision. AYES: Mayor Siegel and Councilmembers Hubbard, Johnson and Tryon NOES: None ABSENT: Casey 0 December 5, 1990 11