PC Res 2598RESOLUTION NO. 2598
PLANNING COMMISSION
BEING AN ORDINANCE OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A VARIANCE
ALLOWING CONSTRUCTION OF A 1,050 SQUARE FOOT ADDITION
TO AN EXISTING 1,080 SQUARE FOOT ACCESSORY/GARAGE
STRUCTURE ON PROPERTY KNOWN AS 345 BUDD AVENUE
(APPLICATION OF TERRY BURTZ, V 89-03).
After notification and public hearing as specified by law on the application of
Mr. Terry Burtz for a variance to the 1,000 square foot limitation for accessory
buildings to allow the construction of a 1,050 square foot addition to an
existing 1,080 square foot accessory/garage structure on property known as 345
Budd Avenue in an R-l-6 (Single Family Residential) Zoning District, as per the
application filed in the Planning Department on April 24, 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. Health/Safety: 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.
2. Special Circumstances: The property is unique due to the large lot size of
18,500 sq. ft. in an R-l-6 Zoning District, and differs from neighboring lot
sizes.
3. Hardship: Strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty by not permitting allowable
lot coverage inconsistent with the objectives of the Zoning Ordinance.
4. Hardship: Strict or literal interpretations and enforcement of the
specified regulation would deprive the applicant of privileges enjoyed by
the owners of other properties classified in similar zoning district for
lots of this size.
5. Exceptions: The granting of the variance will not constitute a grant of
special privilege inconsistent with the limitations on other similar
properties classified in appropriate/comparable zoning district.
6. Compatibility: The proposed use is compatible with the uses in the area.
7. Hardship: Strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty due to the pre-existence of
the accessory structure which is utilized as a hobby shop. The proposed
accessory structure would function as a replacement for the existing hobby
shop.
Based on the above findings, the Planning Commission does hereby approve the
requested variance, subject to the following conditions of approval:
1. Applicant to demolish the existing hobby shop prior to final building
inspection.
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
Resolution No. 2598 - 2 - ¥ 89-03
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.
PASSED AND ADOPTED this 13th day of June by the following roll call vote:
AYES:
NOES:
ABSENTi:
Commissioners:
Commissioners:
Conm~issioners:
Kasolas, Perrine, Christ, Walker, Dickson,
Olszweski
None
None
APPROVED: Bruce Olszewski
Chairman
ATTEST: Steve Piasecki
Secretary