PC Res 2837RESOLUTION NO. 2837
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL
APPROVING A VARIANCE TO A GARAGE SETBACK
FROM 25 FEET TO 15 FEET ON PROPERTY LOCATED AT
935 LOVELL AVENUE, IN AN R-l-6 (SINGLE-FAMILY
RESIDENTIAL) ZONING DISTRICT. FILE NO. V 92-04
After notification and Public Hearing as specified by law on the application of
Ms. Barbara Harris, on behalf of Mr. Amir Salahieh, for approval of a
variance to a garage setback from 25 feet to 15 feet on property located at 935
Lovell Avenue, in an R-l-6 (Single-Family Residential) Zoning District, as per
the application filed in the Planning Department on November 6, 1992; and,
after presentation by the City Staff, proponents and opponents, the hearing
was closed.
After due consideration of all evidence presented, the Planning Commission
finds as followS with regard to Application number V 92-04 for a variance
from the City Zoning Ordinance:
The location of the property on the cul-de-sac provides adequate sight
visibility to allow vehicular and pedestrian safety.
o
The monolithic sidewalk on the cul-de-sac aids in creating a 20 foot
driveway area.
o
Utilization of the sideyard area with substantial landscaping will
enhance the property in the surrounding neighborhood.
The radius of the cul-de-sac and shape of the lot results in a varied
driveway length from 20 feet to 25 feet.
Based upon the foregoing findings of fact, the Planning Commission further
finds and 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.
o
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.
Resolution No. 2837
V 92-04 -- 935 Lovell Avenue -- B. Harris
Adopted on December 8, 1992
Page 2
o
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.
°
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.
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.
Approval is effective ten days after decision of approval of the Planning
Commission, unless an appeal is filed, subject to the following Conditions of
Approval:
VARIANCE APPROVAL
1. Approved Project: A variance is granted allowing relocation of the
garage door to the southern side of the structure creating a 15 foot setback
to the front property line. The property is identified as Assessor's Parcel
Number: 406-07-056.
SITE
°
DESIGN
Approved Plans: Approved project drawings for the variance consist of
a one page site plan prepared by Barbara Harris, dated November 6, 1992.
BUILDING DEPARTMENT
3. Obtain all necessary building permits prior to construction.
PUBLIC WORKS DEPARTMENT
4. Obtain an encroachment permit for all work in the public right-of-way.
Further, the applicant is notified as part of this application that he is required
to comply with all applicable Codes and Ordinances for the City of Campbell
and the State of California which pertain to this development and are not
herein specified.
Resolution No. 2837
V 92-04 -- 935 Lovell Avenue -- B. Harris
Adopted on December 8, 1992
Page 3
PASSED AND ADOPTED this 8th day of December, 1992, by the following roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Ste~e Pia~cki, ~e~retary
Perrine, Meyer-Kennedy, Wilkinson, Alne,
Fox
None
Higgins
APPROVE~~' ~
-~r~id F6~ Chairperson