PC Res 2514RESOLUTION NO. 2514
PLANNING COMMISSION
BEING AN ORDINANCE OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A VARIANCE
TO SECTIONS 21.06.010 & 21.12.050 TO ALLOW 3
DWELLING UNITS ON A LOT ON PROPERTY
KNOWN AS 65 SHELLEY AVE. IN AN R-M (MTULTIPLE
FAMILY RESIDENTIAL) ZONING DISTRICT.
(APPLICATION OF MR. BILL CLIFF, V 88-03).
After notification and public hearing as specified by law on the
application of Mr. Bill Cliff for a variance to Section 21.06.010 &
21.12.050 of the Campbell Municipal Code to allow three dwelling units on
a lot which has an area of approximately 8,575 square feet, in lieu of the
9,000 square foot required in an R-M (Multiple Family Residential) Zoning
District, on property known as 65 Shelley Ave., as per the application
filed in the Planning Department on January 18, 1988; and, after
presentation by the Planning Director, the hearing was closed.
After due consideration of all evidence presented, the Commission did find
as attached hereto as Exhibit A.
Based on the above findings, the Planning Commission does hereby recommend
approval of the requested variance.
PASSED ~ ADOPTED this 23rd day of February 1988 by the following-roll
call vote:
AYES:
NOES:
ABSENT:
Commissioners:
COmmissioners:
Commissioners:
Kasolas, Stanton, Perrine, Olszewski
Walker, Christ
Dickson
ATTEST:
Arthur A. Kee
Secretary
APPROVED:
Ronald W. Christ
Chairman
EXMIBIT A
FindinEs for Approval of V88-03
The Planning Commission finds as follows:
1. 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, in that:
and,
a. The property consists of 8575 net square feet;
b. Most of the other properties in the vicinity
which are zoned R-M-S or PD are substantially larger in size than
8575 net square feet.
2. Strict or literal interpretation and enforcement of
the specified regulations would result in practical difficulty or
unnecessary physical hardship inconsistent with the objectives of
the Zoning Ordinance, and would deprive the applicant of
privileges enjoyed by the owners of other properties classified
in R-M-S and PD zoning districts, because:
a. The development of the property would not be
viable with less than three units; and,
b. The area surrounding the property has already
been substantially developed, often at a density in excess of
that permitted under the current ordinance.
3. The granting of the variance will not constitute a
grant of a special privilege inconsistent with the limitations on
other properties classified as R-M-S and PD, in that most of the
otehr properties in the area are substantially larger, affording
a greater opportunity for development.
~. The granting of the variance will not be
detrimental to the public health, safety, or welfare, or
materially injurious to the properties or improvements in the
vicinity, in that the property is ninety-five percent (95Z) of
the size required by the ordinance for three (3) units, and the
construction of three (3) units at this location would have no
significant effect on the area.
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