Loading...
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