PC Res 3199RESOLUTION NO. 3199
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL GRANTING A VARIANCE TO
ALLOW A REDUCED SIDE YARD SETBACK FROM THE
REQUIRED 8 FEET TO 5 FEET, 6 INCHES ON PROPERTY
LOCATED AT 1511 THERESA AVENUE IN AN R-l-8 (SINGLE
FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION
OF JOHN AND LYNN CARTER. FILE NO. V 98-03(A).
After notification and public heating, 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 V 98-03(A):
That the combination of lot width, location of the attached one-car garage, and trees
on the site are exceptional or extraordinary circumstances or conditions applying to
the land, building, or use referred to in the application, which circumstances or
conditions do not apply generally to the land, buildings, or uses in the same district;
That the granting if the application is necessary for the preservation and enjoyment of
substantial property rights of the petitioners to expand their existing attached one-car
garage to a two-car garage;
The granting of the variance will not be materially detrimental to the public welfare or
injurious to property and improvement in the district in which the property is located
in that the garage will be one-story in height and an adequate setback will be
maintained on the side for light and air.
4. The project has been conditioned to ensure that the garage will not be converted to
other uses, and become a grant of special privilege.
5. The project has been conditioned to include the planting of a tree to soften the impact
of the sideyard variance.
Based upon the foregoing findings of fact, and those contained in the staff report, the
Planning Commission further finds and concludes that:
Strict or literal interpretation and enforcement of the specified regulation would result
in practical difficulty or unnecessary physical hardship inconsistent with the
objectives of the Zoning Ordinance.
Planning Commission Resolution No. 3199
V 98-03(A) - 1511 Theresa Avenue
Page 2
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 this same zoning district.
o
Strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties
classified in the same zoning district.
4. The granting of the variance would not constitute a special privilege inconsistent with
the limitations on other properties classified in the same zoning district.
5. The granting of the variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Further, the applicants are notified as part of this application that they are required to
comply with all applicable Codes and Ordinances of the City of Campbell and the State
of California which pertain to this application and are not herein specified. And, that this
approval is granted subject to the following Conditions of Approval.
Approved Project: A variance is granted allowing a reduction in the required
sideyard setback from 8 feet to 5 feet-6 inches to allow the construction of an
attached, two-car garage located on the south side of the house at 1151 Theresa
Avenue, in an R-l-8 (Single Family Residential, minimum 8,000 square feet) Zoning
District. The property is identified as Assessor Property Number 406-23- 032.
Building Permit: The applicant shall obtain a building permit from the City of
Campbell for all construction. As part of the permit, the applicant shall be required to
demonstrate that a minimum sideyard setback between the south property line and the
garage of 5 feet-6 inches has been provided, and that the remainder of the house
meets the standard requirements of the zoning district.
Tree Planting
The applicants shall plant a tree to the front left of the garage to soften the garage and
driveway, and to camouflage the reduced sideyard setback.
Variance: This variance is for the purposes of providing a two-car attached garage.
The garage may not be converted to another use, nor a second story added above it,
unless said construction complies with the terms of the zoning ordinance then in
effect.
Planning Commission Resolution No. 3199
V 98-03(A) - 1511 Theresa Avenue
Page 3
PASSED AND ADOPTED this 27th day of October, 1998, by the following roll call vote:
AYES: Commissioners:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Jones, Lindstrom, Lowe, Meyer-
Kennedy
None
Keams
None
APPROVED~~,~ ~(~~.-..~
D~-~is Lowe~-Chair