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36 WHEREAS, construction of the fence began on or about April 23, 2024, and immediately 37 upon construction City staff realized that the permit was issued in error because the fence was 38 being constructed in the right-of-way and the Property owner had not obtained a right-of-way 39 permit and had not entered into an encroachment agreement with the City; and 40 WHEREAS, the fence being constructed did not match the submitted plans which 41 depicted a fence that did not abut or cross the driveway at the Property and did not continue west 42 of the driveway; and 43 WHEREAS, on April 24, 2024, City staff issued stop work order for the fence 44 construction, but work continued on the fence until completion the next day; and 45 WHREAS, on April 25, 2024, City staff sent a letter to Mr. Carrara revoking the fence 46 permit and ordering removal of the fence; and 47 WHEREAS, on May 6, 2024, Mr. Carrara filed an appeal of the revocation of the fence 48 permit and order to remove the fence; and 49 WHEREAS, Mr. Carrara’s attorney, who submitted the appeal on his behalf, was notified th 50 of the City’s intent to place the appeal on the City Council’s May 20 meeting; and th 51 WHEREAS, Mr. Carrara’s attorney indicated he had a conflict with the May 20 meeting 52 date; and 53 WHEREAS, at Mr. Carrara’s attorney’s request, the hearing on the appeal was scheduled 54 for June 3, 2024; and 55 WHEREAS, Mr. Carrara hired a new attorney who indicated he had a conflict with the rd 56 June 3 meeting date;and 57 WHEREAS, at Mr. Carrara’s attorney’s request, the hearing on the appeal was scheduled 58 for June 17, 2024; and 59 WHEREAS, a public meeting date was scheduled for June 17, 2024, consistent with the 60 requirements under Section 1009.08.B.3; and 61 WHEREAS, on June 17, 2024, a public meeting was held bythe City Council, acting as 62 the Board of Adjustment and Appeals,to hear the appeal and issue a decision; and 63 WHEREAS, Mr. Carrara was permitted to present testimony, documents, and arguments 64 in favor of his appeal. 65 NOW, THEREFORE, BE IT RESOLVED that the Board of Adjustment and Appeals of 66 the City of Roseville affirms the revocation of the fence permit issued for the Property and also 67 affirms the order to remove the fence based on the following findings: 68 1. The fence permit was issued in error. 69 2. The fence permit application did not include the location of all property lines as 70 required by Roseville City Code Section 1011.08, A, 1. 71 3. The fence permit application sought to build a fence in the right-of-way without the 72 required permit to obstruct the right-of-way and encroachment agreement in violation 73 of Roseville City Code Section 707.08. RS160\\1\\954359.v4 Qbhf!5:!pg!331