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PC Res 2638RESOLUTION NO. 2638 PLANNING COMMISSION BEING AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A VARIANCE ALLOWING A VARIANCE TO THE SIDEYARD SETBACK REQUIREMENT FROM FIVE FEET TO FOUR FEET TO ALLOW A SINGLE-STORY ADDITION TO AN EXISTING NON-CONFORMING SINGLE-FAMILY HOME ON PROPERTY KNOWN AS 167 ALICE AVENUE, IN AN R-1-H (SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT, (APPLICATION OF LARRY NICHOLS, V 89-08). After notification and public hearing as specified by law on the application of Mr. Larry Nichols for a variance to a sideyard setback requirement to allow a single-story addition to an existing non-conformation single-family home on property known as on property known as 167 Alice Avenue, in a R-1-H (Single-Family Residential) Zoning District, as per the application filed in the Planning Department on September 28, 1989; and, after presentation by the Planning Director, the hearing was closed. After due consideration of all evidence presented, the Commission did find as follows: 1. Compatibility: The project is designed to minimize infringement on neighboring properties. 2. Compatibility: The proposed use is compatible with uses in the area. 3. Exceptions: There are unique circumstances or conditions applicable to the property involved or to the intended use of the property due to the subdivision design which does not apply to other properties in the same zoning classification. 4. Hardship: Strict or literal interpretations and enforcement of the setback requirement would deprive the Applicant of privileges enjoyed by the owners of other properties in the same zoning classification. 5. Exceptions: 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. 6. Health/Safety: The granting of the variance will not be detrimental to the public health, safety, and welfare, or be materially injurious to properties or improvements in the vicinity. Based on the above findings, the Planning Commission does hereby recommend approval of the requested variance. PASSED AND ADOPTED this 14th day of November 1989, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Christ, Meyer, Perrine, Alne, Wilkinson, Olszewski None Fox ATTEST: Steve Piasecki Secretary APPROVED: Bruce J. Olszewski Chairman CONDITIONS OF APPRO¥~ - FILE # ¥ 89-08 SITE ADDRESS: 167 Alice Avenue APPLICANT: Larry Nichols PC MTG DATE: 11/14/89 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the Laws of the State of California. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California which pertain to this development and are not herein specified. 1. Applicant to secure all necessary building permits. Building Division 2. Applicant's plans must meet minimum code requirements at the time of technical plan review. 3. Building eves shall not be closer than two (2) feet from property line. EXHIBIT B STANDARD DEVELOPMENT SCHEDULE FILE NO: ¥ 89-08 APPLICANT: LARRY NICHOLS SITE ADDRESS: 167 ALICE AVENUE 1. Construction to begin within one year of final approval. 2. Construction to be completed within one year of starting date. NOTE: Above Development Schedule is a standard used by the Planning Department when applicant has not submitted a schedule for his project.