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WHEREAS, construction of the fence began on or about April 23, 2024, and immediately upon construction City staff realized that the permit was issued in error because the fence was being constructed in the right-of-way and the Property owner had not obtained a right-of-way permit and had not entered into an encroachment agreement with the City; and WHEREAS, the fence being constructed did not match the submitted plans which depicted a fence that did not abut or cross the driveway at the Property and did not continue east of the driveway; and WHEREAS, on April 24, 2024, City staff issued stop work order for the fence construction,but work continued on the fence until completion the next day; and WHREAS, on April 25, 2024, City staff sent a letter to Mr. Carrara revoking the fence permit and ordering removal of the fence; and WHEREAS, on May 6, 2024, Mr. Carrara filed an appeal of the revocation of the fence permit and order to remove the fence; and WHEREAS, Mr. Carrara's attorney, who submitted the appeal on his behalf, was notified of the City's intent to place the appeal on the City Council's May 20th meeting; and WHEREAS, Mr. Carrara's attorney indicated he had a conflict with the May 20th meeting date; and WHEREAS, at Mr. Carrara's attorney's request, the hearing on the appeal was scheduled for June 3, 2024; and WHEREAS, Mr. Carrara hired a new attorney who indicated he had a conflict with the June 3rd meeting date; and WHEREAS, at Mr. Carrara's attorney's request, the hearing on the appeal was scheduled for June 17, 2024; and WHEREAS, a public meeting date was scheduled for June 17, 2024, consistent with the requirements under Section 1009.08.B.3; and WHEREAS, on June 17, 2024, a public meeting was held by the City Council, acting as the Board of Adjustment and Appeals, to hear the appeal and issue a decision; and WHEREAS, Mr. Carrara was permitted to present testimony, documents, and arguments in favor of his appeal. NOW, THEREFORE, BE IT RESOLVED that the Board of Adjustment and Appeals of the City of Roseville affirms the revocation of the fence permit issued for the Property and also affirms the order to remove the fence based on the following findings: 1. The fence permit was issued in error. 2. The fence permit application did not include the location of all property lines as required by Roseville City Code Section 1011.08, A, 1. 3. The fence permit application sought to build a fence in the right-of-way without the required permit to obstruct the right-of-way and encroachment agreement in violation of Roseville City Code Section 707.08.