CC Resolution 10724
RESOLUTION NO. 10724
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S DENIAL OF 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.
Atter due consideration of all evidence presented, the City Council 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.
City Council Resolution
PLN2006-109 - 1124 Bent Drive - Denial of a Variance for Garage Setback
Page 2
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
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 City Council denies an appeal and upholds
the Planning Commission's denial of 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 2nd day of
roll call vote:
January ,2007, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Hernandez, Low, Burr, Furtado
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: ^ -L-
APP~:::~:~~ ~\
Daniel E. Furtado, Mayor
ATTEST:
(2~v,-
Anne Bybee, City Clerk