PC Res 3819
RESOLUTION NO. 3819
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING BOTH A SITE AND ARCHITECTURAL
REVIEW PERMIT (PLN2007-23) AND CONDITIONAL USE PERMIT
(PLN2007-56) FOR A PROPOSED 12,288 SQUARE FOOT, TWO-
STORY DENTAL BUILDING ON PROPERTY OWNED BY MR. BARRY
MIRKIN LOCATED AT 1930 S. BASCOM AVENUE IN A C-2-S
(GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF
MR. BARRY MIRKIN. FILE NO.: PLN2007-23/PLN2007-56.
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 applications PLN2007 -23 and PLN2007 -56.
1. The project site is a vacant, L-shaped parcel that is located on the east side of S.
Bascom Avenue, south of McBain Avenue and north of Fewtrell Drive. The project is
surrounded by single-family residences on the east, commercial uses to the west, and
commercial and residential to the north and south.
2. The five foot rear setback has an adverse impact on the residential properties to the
rear of the project site.
3. The project will have an adverse impact on privacy.
4. The proposed parking layout, while providing the required number of spaces, was
found to be inadequate for site circulation and fire access.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes:
1. The proposed project, as conditioned, will not aid in the harmonious development of
the immediate area.
2. The proposed project is not well designed or architecturally compatible with the
surrounding neighborhood.
3. The proposed site is not adequate in terms of size and shape to accommodate the
fences and walls, landscaping, parking and loading facilities, yards, and other
development features required in order to integrate the use with uses in the
surrounding area.
4. The design, location, size, and operating characteristics of the proposed use are not
compatible with the existing and future land uses on-site and in the vicinity of the
subject property.
Planning Commission Resolution No. 3819
PLN2007 -23 & PLN2007 -56 -- 1930 S. Bascom Avenue
Denial of a Site and Architectural Review Permit & Conditional Use Permit
Page 2
5. The establishment, maintenance, or operation of the proposed use at the location
proposed will be detrimental to the comfort, health, morals, peace, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use, or be
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the City.
THEREFORE, BE IT RESOLVED that the Planning Commission DENIES a Site and
Architectural Review Permit (PLN2007 -23) and Conditional Use Permit (PLN2007 -56) for a
proposed 12,288 square foot, two-story dental building on property owned by Mr. Barry
Mirkin located at 1930 S. Bascom Avenue in a C-2-S (General Commercial) Zoning
District.
PASSED AND ADOPTED this 26th day of June, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and
Roseberry
None
None
None
Commissioners:
Commissioners:
Commissioners:
APPROVED:
Michael Rocha, Chair
ATTEST: