PC Res 2561RESOLUTION NO. 2561
PLANNING COMMISSION
BEING AN ORDINANCE OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL DENYING A REQUEST FOR
A VARIANCE TO THE SETBACK REQUIREMENTS AND THE
ACCESSORY STRUCTURE REGULATIONS ON PROPERTY
KNOWN AS 1171 EL SOLYO AVE. IN AN R-1 (SINGLE
FAMILY RESIDENTIAL) ZONING DISTRICT.
(APPLICATION OF P. LEINWETTER, ¥ 88-06).
After notification and public hearing as specified by law on the application of
Mr. Paul Leinwetter for a variance the side and rear yard setbacks and a
variance to the requirement allowing only one accessory building over 200
sq.ft, in size in order to allow the construction of a detached carport on
property known as 1171 E1 Solyo Ave. in an R-1 (Single Family Residential)
Zoning District, as per the application filed in the Planning Department on
June 16, 1988; and, after presentation by the Planning Director, the hearing
was closed.
After due consideration of all evidence presented, the Commission did find as
follows:
The large size of the lot (14,700 sq.ft.) provides adequate room to meet
all City setback requirements and allow adequate room for a carport
structure.
The property already is provided with a covered 3-car structure, thereby
the applicant has not been deprived of covered parking nor deprived of
privileges enjoyed by other properties in the area.
3. Any hardship experienced by the applicant is self-imposed as a result of
constructing the carport structure without City permits.
Strict or literal interpretation and enforcement of the specified
regulation does not result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of the Zoning Ordinance.
There are not 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 interpretations and enforcement of the specified
regulation would not deprive the applicant of privileges enjoyed by the
owners of other properties classified in the same zoning district.
The granting of the variance would constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the
same zoning district.
The granting of the variance could be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements
in the vicinity.
Resolution No. 2561 -2- October 25, 1988
Based on the above findings, the Planning Commission does hereby deny the
requested variance, and give the applicant 180 days from this date in which to
remove the structure.
PASSED AND ADOPTED this 25th day of October 1988 by the following roll call
vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Kasolas, Perrine, Dickson, Christ
stanton, Olszewski, Walker
None
ATTEST: Arthur A. Kee
Secretary
APPROVED:
Ronald W. Christ
Chairman