PC Res 2923RESOLUTION NO. 2923
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL APPROVING
A VARIANCE ALLOWING A 16'9" GARAGE SETBACK
FOR A RESIDENTIAL ADDITION ON PROPERTY
LOCATED AT 1251 FEWTRELL DRIVE IN AN R-l-6
(SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
FILE NO. V 94-01.
After notification and Hearing on the application of Mr. Mark Bisho for a
variance allowing a 16'9" garage setback for a residential addition on property
located at 1251 Fewtrell Drive in an R-l-6 (Single Family Residential) Zoning
District, as per the application filed in the Planning Department on June 13,
1994; and, after presentation by City Staff, proponents and opponents, the
hearing was dosed.
After due consideration of all evidence presented, the Planning Commission
did find as follows with respect to File No. V 94-01:
Strict interpretation of the 25 foot setback for a garage creates a hardship
for this particular lot in that a significant portion of another part of the
lot must be dedicated to provide a driveway.
Re
The relocation of the driveway and garage would severely impact the
open space in the rear yard and require the removal of several mature
ge
e
The location and design of the existing dwelling prevents expansion of
the one car garage in its current location due to current setbacks.
Granting of the variance does not create pedestrian or vehicular safety
problem due to the location of the garage away from the corner lot
intersection and the monolithic design of the sidewalk.
Approval of the variance would not be a granting of special privilege
that it is contrary to the intent or purpose of the zoning regulations or
General Plan.
Based upon the foregoing findings of fact, the Planning Commission
concludes that:
Strict or literal interpretation in enforcement of the specified regulation
would result in practical difficulty or unnecessary hardship inconsistent
with the objectives of the Zoning Ordinance.
Resolution No. 2923
V 94-01 - 1251 Fewtrell Drive
Adopted on June 28, 1994
Page 2
2. There are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property
which do not apply generally to other properties classified in the same
zoning district.
3. Strict or literal interpretation in enforcement of the specified regulation
would deprive the applicants of privileges enjoyed by the owners of
other properties classified in the same zoning district.
4. The granting of the variance will not constitute a grant of special
privilege inconsistent with the limitation on other properties classified
in the same zoning district.
5. Granting of the variance will not be detrimental to the public health,
safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood of such proposed use, or be detrimental or
injurious to property and improvement in the vicinity.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinances of the City of Campbell
and the State of California that pertain to this development and are not
herein spedfied.
VARIANCE APPROVAL
1. Approved Project: A variance is granted allowing a new garage
residential addition creating a 16'9" garage setback to the front property
line on property located at 1251 Fewtrell Drive. The property is
identified as Assessor's Parcel Number: 288-09-038.
SITE DESIGN
2. Approved Plans: Approved project drawings for the variance consist of
site plan and elevation prepared by Mr. Mark Bisho, dated June 1994.
BUILDING DEPARTMENT
3. Obtain all necessary building permits prior to construction.
PUBLIC WORK~ DEPARTMENT
4. Obtain an encroachment permit for all work in the public right-of-way.
Resolution No. 2923
V 94-01 -- 1251 Fewtrell Drive
Adopted on June 28, 1994
Page 2
PASSED AND ADOPTED this 28th day of June, 1994, by the following roll call
vote:
AYES: Commissioners: Alne, Kearns, Lindstrom, Lowe, Meyer-
Kennedy, Perrine
NOES:
ABSENT:
ATTEST:
Commissioners:
Commissioners: None
APPROVED:
~ ~_ ~ Jay P~erri~e, Chairi~erson
Steve Pi~cki~Secretary