James D. Schlicher - Page 6

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               Petitioner does not train horses on his premises, nor does             
          he give lessons or offer horseback riding facilities.  In fact,             
          access to the riding trails from the Clayton property is                    
          obstructed by the presence of Mount Diablo.  If a boarding client           
          wants to train, ride, or exercise a horse the client must                   
          transport the animal to another facility in the area.  The                  
          business portion of the Clayton premises is not used for anything           
          other than breeding and boarding horses.                                    
               While petitioner has several personal horses that are                  
          generally located on the portion of the Clayton property not used           
          for business, occasionally he puts them with the boarded horses.            
          At no time, however, are the boarded horses permitted on the                
          residential portion of the Clayton property.                                
               When petitioner moved to Livermore it was substantially less           
          congested than it had become by the time petitioner sold the                
          property in 1988.  By 1988, petitioner could no longer keep many            
          horses on the property.  During this time, petitioner was also              
          having problems with his neighbors who were throwing cat litter             
          over his fence.  In addition, petitioner became increasingly                
          concerned about liability issues, because children in the                   
          neighborhood would climb over his fence and get too close to his            
          personal horses.  Petitioner finally decided to sell the                    
          Livermore property when one of these children got onto his                  
          property and turned some of the horses loose.                               

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Last modified: May 25, 2011