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PC Res 3629 RESOLUTION NO. 3629 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING A CODE ENFORCEMENT ACTION (COD2004- 141) REGARDING THE CITY OF CAMPBELL'S INTENT TO FILE A NOTICE OF VIOLATION WITH THE COUNTY RECORDER'S OFFICE FOR A NON-PERMITTED CAMP CAR AND TRAILER BEING USED AS A LIVING UNIT ON PROPERTY OWNED BY MR. JOHN CORLISS AT 1030 HAZELWOOD AVENUE IN AN R-1-9 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPEAL OF MR. JOHN CORLISS. FILE NO. COD2004-l41. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application COD2004-l41 : 1. The trailer/living unit was built and/or modified without County or City approval. 2. There is no record of Building Permits. Therefore, the City is unable to determine whether or not the structure is safe or built to regulatory standards. 3. There has been no approval for the use of a trailer as a living unit for the property on record. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The trailer/living unit is an illegal structure and that the property owner must apply for and receive both Planning and Building approval, if possible, or 2. The existing structure is in violation of applicable Codes and must be removed from the property. The property owner is required to apply for and receive a Building Permit prior to start of demolition. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission denies an appeal and upheld the Code Enforcement Action (COD2004-l4l) regarding the City of Campbell's intent to file a Notice of Violation with the County Recorder's Office for a non-permitted camp car and trailer being used as a living unit on property owned by Mr. John Corliss located at 1030 Hazelwood Avenue in an R-1-9 (Single Family Residential) Zoning District. Planning Commission Resolution 3629 COD2004-141 - 1030 Hazelwood Avenue - Denial of Appeal Page 2 PASSED AND ADOPTED this 8th day of February, 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Ebner, Francois, Gibbons, Rocha and Roseberry None Alderete, Doorley None ¡ .~ APPROVED:~~~ V 6S~ / 'zab Gibbons, Chair ATTEST: ~ ~ < Sharon Fierro, Secretary Commissioners: Commissioners: Commissioners: Commissioners: