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PC Res 2835RESOLUTION NO. 2835 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A VARIANCE TO ALLOW A SECOND DETACHED STRUCTURE (GARAGE) ON THE FRONT HALF OF THE LOT ON PROPERTY LOCATED AT 1045 S. SAN TOMAS AQUINO ROAD, IN AN R-l-9 (SINGLE- FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO. V 92-03 After notification and Public Hearing as specified by law on the application of Mr. and Mrs. David Barnes, approving a variance to allow a second detached structure (garage) on the front half of the lot on property located at 1045 S. San Tomas Aquino Road, in an R-l-9 (Single-Family Residential) Zoning District, as per the application filed in the Planning Department on October 14, 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 No. V 92-03 for a variance from the City's Zoning Ordinance: 1. Due to the lot shape, the site layout options for the property are limited. The garage that is located in front of the main dwelling does not appear detached from the street elevation. o With the exception of the connection of the garage to the main dwelling, the property conforms to the development standards of the zoning district. 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 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. Resolution No. 2835 V 92-03 -- 1045 S. San Tomas Aquino Road -- D. Barnes Adopted on December 8, 1992 Page 2 o 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. The applicant is notified as part of this application that he is required to comply with the following Conditions of Approval: SITE AND ARCHITECTURAL APPROVAL 1. Approved Project: Approval is granted for a Site and Architectural Review Permit to allow one single-family dwelling and two detached accessory buildings located on property at 1045 S. San Tomas Aquino Road. SITE o AND BUILDING DESIGN Approved Plans: Approval is granted for one single-family home for approximately 3,384 square feet. The property is identified as Assessor's Parcel Number 408-14-016. a. Project drawings for the single-family home consist of 4 sheets, dated October 12, 1992. o Variance Approval: Allow two detached accessory buildings, as indicated on the plans, prepared by Naficy Design, dated October 12, 1992. FIRE DEPARTMENT 4. As per UFC 10.507 (b), the detached garage and store/pool/mech, room shall be protected by an automatic NFPA Standard 13 D fire sprinkler system. PUBLIC WORKS DEPARTMENT 5. Pay storm drain area fee of $527.02. 6. Sign deferred street improvement agreement, no surety required. Resolution No. 2835 V 92-03 -- 1045 S. San Tomas Aquino Road -- D. Barnes Adopted on December 8, 1992 Page 3 7. Show 30 foot centerline to right-of-way distance on site plan. 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. PASSED AND ADOPTED this 8th day of December, 1992, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: ATTEST: ~'~~' ,~:~,~, ~ .... Steve Piasec~i, Secretary Perrine, Meyer-Kennedy, Wilkinson, Alne APPROVEDC / ~____ ~"~ 1 ~13!'~d Foxk Chairperson