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PC Res 3770 RESOLUTION NO. 3770 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A VARIANCE (PLN2006-109) TO A REQUIRED GARAGE SETBACK TO ALLOW A SINGLE- FAMILY ADDITION ON PROPERTY OWNED BY WAYNE AND JULIE FIRSTY LOCATED AT 1124 BENT DRIVE IN AN R-1-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. WAYNE FIRSTY. FILE NO.: PLN2006-109. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2006-109: 1. The proposed project consists of a residential addition of 461 square feet and a garage addition of 288 square foot garage. 2. The proposed building is 3,225 square feet, and the parcel is 8,885 net square feet in area. The Floor Area Ratio (FAR) of the proposed building is .39, where a maximum of .45 is allowable. 3. The proposed residential addition would require approval of a Variance to reduce the garage setback from 25 feet to 18" - 3". 4. Alternative building floor plans could accommodate a building of the similar square footage on the subject property, and meet the required setback. 5. Although other buildings in the neighborhood exist with lesser garage setbacks, these setbacks are nonconforming and were approved in the County's jurisdiction or under prior Zoning Ordinance provisions. This regulation applies equally to all surrounding residential properties, thereby requiring conformity with current regulations. 6. The subject property is comparable in size with other residential properties located in this neighborhood and therefore, there are no exceptional or extraordinary circumstances or conditions applicable to the subject property (Le. size, shape, topography) which do not apply generally to other properties located in this neighborhood and classified in the same zoning district. 7. In general, the granting of the requested Variance would be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the area by allowing a portion of a driveway apron in the public right-of-way and a garage closer than 25 feet to a street property line. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3770 PLN2006-109 - 1124 Bent Drive - Denial of a Variance for Garage Setback Page 2 1. The strict or literal interpretations and enforcement of the specified regulation(s) would not result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Code. 2. The strict or literal interpretations and enforcement of the specified regulation(s) would not deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district. 3. There are no exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties classified in the same zoning district. 4. The granting of the Variance will constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zoning district. 5. The granting of the Variance will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the area. THEREFORE, BE IT RESOLVED that the Planning Commission denies a Variance (PLN2006-109) to a required garage setback to allow a single-family addition on property owned by Wayne and Julie Firsty located at 1124 Bent Drive Court in an R-1- 6 (Single Family Residential) Zoning District. PASSED AND ADOPTED this 14th day of November, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Gibbons, Rocha and Roseberry None Doorley None APPROVED:~~~ 4~ Bob Alderete, Chair """'""\ NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST:~~ Sharon Fierro, Secretary