Title
Appeal of an Administrative Determination by the Zoning Enforcement Official (ZEO) where the ZEO determined that electric fences are not a permitted use under the San Leandro Zoning Code. The applicant had applied for and was denied a building permit to construct an electric fence on property located at 2371 Polvorosa Avenue zoned Industrial General (IG). Michael Pate, Electric Guard Dog LLC., 121 Executive Center Drive Suite 230, Columbia, SC. (Appellant) and LBA CPT Industrial Co. V LLC. (Property Owner).
Staffreport
BACKGROUND
On August 16, 2016, a fence contractor, Electric Guard Dog LLC., applied for a building permit to construct an 8' electric fence at 2371 Polvorosa Drive, on behalf of the property owner, LBA CPT Industrial Co. V. LLC. The property proposed for the fence is about five acres in size, zoned Industrial General (IG), and is currently the location of a distribution warehouse and trucking company operated by YRC Worldwide, Inc. / USF Reddaway.
The building permit was routed for a plan check by the Building Division. After reviewing the Appellant's proposed building permit and evaluating the applicable Zoning Code provisions, the Zoning Enforcement Official (ZEO) made the determination that the building permit could not be issued due to the fact that there are no provisions in the Zoning Code permitting the use of an electric fence. The Appellant was notified of the disapproved building permit on August 25, 2016 and soon after filed an appeal of the determination within the 15 day appeal period on September 7, 2016 in accord with San Leandro Zoning Code Section 5-2804(B).
This item was originally scheduled and noticed for public hearing before the Board of Zoning Adjustments (BZA) on Thursday, October 6, 2016. Since the October meeting was later canceled due to a lack of quorum, this item was automatically continued to the November 3, 2016 hearing date.
RELATIONSHIP TO SURROUNDING AREA
The building permit was proposed at 2371 Po...
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