PC Res 3703
RESOLUTION NO. 3703
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A VARIANCE (PLN2005-145) TO
ALLOW A BUILDING THAT WAS DESTROYED BY FIRE TO BE RE-
BUILT ONE FOOT FROM A SIDE PROPERTY LINE ON PROPERTY
OWNED BY MR. HOWARD KAEDING LOCATED AT 813 CRISTICH
LANE IN AN M-1-S (LIGHT INDUSTRIAL) ZONING DISTRICT.
APPLICATION OF MR. BRENT KAEDING, ON BEHALF OF
KAEDING PERFORMANCE. PLN2005-145.
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 PLN2005-145:
1. The proposed project consists of the demolition of an existing residence and the
construction of a new, 8,014 square foot warehouse/industrial building on a site
where a previous industrial building was destroyed by fire.
2. The proposed building is 5,347 square feet (including a 420 square foot mezzanine),
and the parcel is 14,888 net square feet in area. The Floor Area Ratio (FAR) of the
proposed building is .36, where a maximum of .40 is allowable. The height of the
proposed building is 24'-6", where a maximum of 45'-0" is allowable. The proposed
landscape cover is 13%, where a minimum of 8% is required.
3. The proposed siting of the building would require approval of a Variance to reduce
the south side yard setback from 12'-3" to 1 '-0". The required side yard setback in
the M-1 zoning district is 5 feet, or one-half the height if the building wall adjacent to
the side property line, whichever is greater. The building height is 24'-6", therefore
the minimum, required side yard setback is 12'-3". The setback would create an
area that is difficult to maintain.
4. The subject property is long and narrow and constrained due to Highway 17 and
Cristich Lane dedications.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The strict or literal interpretations and enforcement of the specified regulation(s)
would result in a practical difficulty or unnecessary physical hardship inconsistent
with the objectives of the Zoning Code.
2. The strict or literal interpretations and enforcement of the specified regulation(s)
would deprive the applicant of privileges enjoyed by the owners of other properties
classified in the same zoning district.
Planning Commission Resolution No. 3703
PLN2005-145 -- 813 Cristich Lane -- Variance
Page 2
3. There are exceptional or extraordinary circumstances or conditions applicable to the
subject property (i.e. size, shape, topography) which do not apply generally to other
properties classified in the same zoning district.
4. The granting of the Variance will not constitute a grant of special privileges
inconsistent with the limitations on other properties classified in the same zoning
district.
5. The granting of the Variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the area.
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Variance
(PLN2005-145) to allow a building that was destroyed by fire to be re-built one foot from
a side property line on property owned by Mr. Howard Kaeding located at 813 Cristich
Lane in an M-1-S (Light Industrial) Zoning District.
PASSED AND ADOPTED this 13th day of December, 2005, by the following roll call
vote:
AYES: Commissioners: Alderete, Ebner, Francois, Gibbons and Roseberry
NOES: Commissioners: Doorley
ABSENT: Commissioners: None
ABSTAIN: Commissioners: Rocha
AP PR OVED ~ ~ ,(¡1';j~~
ab Gibbons, Chair
ATTEST~~ ~
Sharon Fierro, Secretary