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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