PC Res 3229RESOLUTION NO. 3229
BEING A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CAMPBELL
APPROVING A MINOR MODIFICATION TO A SIDE
YARD SETBACK REQUIREMENT TO ALLOW A SECOND
STORY ADDITION TO AN EXISTING SINGLE-FAMILY
RESIDENCE ON PROPERTY LOCATED AT 261 CHERRY
AVENUE IN AN R-1 (SINGLE FAMILY RESIDENTIAL)
ZONING DISTRICT. APPLICATION OF ELENA AND
GERALD MUSSELMAN. FILE NO. M 99-04.
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 M 99-04:
The proposed project is consistent with the R-1 (single-family residential, 6,000 square
foot minimum lot size) zoning district and development standards, with the approval of a
modification to the side yard setback requirement along the southern property line.
The proposed 5 foot side yard setback along the southern property line for a length of 24
feet will suffice as a minimum side yard setback requirement for the proposed second
story addition.
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The second stow in the area pertinent to the modification does not align with any second
story window on the adjacent property, and is separated from that house by the distance of
a driveway.
The proposed project is well designed and is architecturally compatible with the
surrounding neighborhood.
The development of the project will not increase the existing density of the project site
and has a density of 3.6 units per gross acre, which is consistent with the General Plan
density of less than 6 dwelling units per gross acre for this area.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the City's General Plan and Zoning Ordinance.
The reduced side yard along the southern property line will not be detrimental to the
health, safety, peace, comfort or general welfare of persons in the neighborhood or the city
as a whole.
Planning Commission Resolution No. 3229
M 99-04 - 261 Cherry Lane
Page 2
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The reduced side yard along the southern property line will not unreasonably interfere
with the ability of the adjoining property owners to enjoy access to sunlight, air, privacy
or quiet enjoyment of such owner's property.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. Additionally, the applicant is hereby notified that he/she is required
to comply with all applicable Codes or Ordinances of the City of Campbell and the State of
California that pertain to this development and are not herein specified:
Approved Project: Approval is granted for a minor modification to a side yard setback
requirement allowing a 5 foot side yard setback to suffice in place of a required 7.3 foot
side yard setback for a length of 24 feet along the western property line to allow a second
story addition on an existing single family residence located at 261 Cherry Lane in an R-1
(single family residential) zoning district.
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Project Plans: Project shall substantially comply with project plans prepared by
David Pruitt dated January 29, 1998, with a front porch extending the width of the
house, and two dormers above.
Building Division Requirements:
A. Applicant shall comply with all Building Code requirements
necessary permits as determined by the Building Division.
and obtain
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Applicant shall provide plans with required calculations prepared by a licensed
architect or engineer for the proposed project prior to obtaining building permits from
the Building Division.
Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. All existing
structures shall be secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform
Fire Code).
Planning Commission Resolution No. 3229
M 99-04 - 261 Cherry Lane
Page 3
PASSED AND ADOPTED this 22nd day of June, 1999, by the following roll call vote:
AYES: Commissioners:
Francois, Gibbons, Hemandez, Jones, Kearns, Lindstrom,
Cowe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED:
Steve Piasecki, Secretary