PC Res 2717RESOLUTION NO. 2717
PLANNING COMMISSION
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL DENYING A VARIANCE
ALLOWING A 20 FOOT SETBACK FOR THE GARAGE, ON PROPERTY
LOCATED AT 50 CATALPA LANE (APPLICATION OF MR. JAY
SHEMIRANI, V 90-06).
After notification and public hearing as specified by law on the
application of Mr. Jay Shemirani for a variance of 20 feet to the garage
setback on property located at 50 Catalpa Lane in an R-l-6 (Single-Family
Residential) Zoning District, as per the application filed in the
Planning Department on October 21, 1990; and, after presentation by the
Planning Director, the hearing was closed.
After due consideration of all evidence presented, the Commission did
find as follows, with regard to application number V 90-06 for a variance
from the City Zoning Ordinance:
The Commission cannot make the mandatory findings for granting
a variance due to the applicant's failure to present an
acceptable Site and Architectural plan of which to judge the
merits of the variance required.
Based upon the foregoing finding of fact, the Planning Commission further
finds and concludes that the facts do not demonstrate that:
Strict or literal interpretation in enforcement of the specified
regulation would result in practical difficulty of unnecessary
hardship inconsistent with the objectives of the zoning ordinance.
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.
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 limitations on other properties
classified in the same zoning district.
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 vicinity.
PASSED AND ADOPTED this llth day of December 1990, by the following roll
call vote:
AYES:
NOES:
ABSENT-.
Commissioners:
Commissioners:
Commissioners:
Higgins, Fox, Meyer-Kennedy, Dougherty, Perrine
None
Alne, Wilkinson
APPROVED:
Jay R. Perrine
Chairman
ATTEST-.
Steve Piasecki
Secretary