PC Res 3200RESOLUTION NO. 3200
BEING A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL DENYING A VARIANCE TO
ALLOW A REDUCED FRONT LOT SETBACK FROM THE
REQUIRED 25 FEET TO 21 FEET ON PROPERTY LOCATED
AT 1511 THERESA AVENUE IN AN R-l-8 (SINGLE FAMILY
RESIENTIAL) ZONING DISTRICT. APPLICATION OF JOHN
AND LYNN CARTER. FILE NO. V 98-03(B).
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 V 98-03(B):
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.
However, the granting of a variance to the front yard setback would not be an
appropriate variance as it would not be related to the narrowness characteristic of the
lot.
That the granting of the variance 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;
That the variance would be materially detrimental to the public welfare or injurious to
property and improvement in the district in which the property is located in that a 21
foot front setback to the front of the garage face will be noticeable, as all other
properties on the street, and in the R-l-8 area meet the required setback. It will also
emphasize the garage portion of the house, which is contrary to the San Tomas
Neighborhood Site and Architectural Review Criteria. Therefore, a granting of such
variance would be inconsistent with the objectives of the Zoning Ordinance and the
San Tomas Neighborhood Plan.
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. 3200
V 98-03(B) - 1511 Theresa Avenue
Page 2
o
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.
o
The granting of a front yard variance would be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
PASSED AND ADOPTED this 27th day of October, 1998, by the following roll call vote:
AYES: Commissioners: Francois, Gibbons, Jones, Lindstrom, Lowe, Meyer-
Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: Keams
ABSTAIN: Commissioners: None
Steve Piasecki, Secretary