PC Res 2429RESOLUTION NO. 2429
PLANNING COMMISSION
BEING AN ORDINANCE OF THE PLANNING COMMISSION
OF THE CITY OF CAMPBELL APPROVING A VARIANCE
_ ALLOWING A REDUCTION IN THE SIDEYARD SETBACK
FROM 15 FEET TO 9 FEET ON PROPERTY
KNOWN AS 388 SOBRATO DRIVE IN AN R-1 (SINGLE
FAMILY RESIDENTIAL) ZONING DISTRICT.
(APPLICATION OF MR. ROYCE REED, V 86-05).
After notification and public hearing as specified by law on the
application of Mr. Royce Reed for a variance to the street sideyard
setback from 15 feet to 9 feet on property known as 388 Sobrato Dr. in an
R-1 (Single Family Residential) Zoning District, as per the application
filed in the Planning Department on November 17, 1986; and, after
presentation by the Planning Director, the hearing was closed.
After due consideration of all evidence presented, the Commission did find
as follows:
1. 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.
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 the same zoning district.
3. Strict or literal interpretations 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 will not constitute a grant of 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.
6. The property is irregular in shape and the house does not sit parallel
to the property line.
Based on the above findings, the Planning Commission does hereby recommend
approval of the requested variance, subject to the following conditions:
1. Obtain all necessary permits from the Building Department.
Resolution No. 2429 -2- V 86-05
2. Existing shed in rear yard to be moved to conform with setback
requirements prior to occupancy of family room.
3. Variance to expire one year from date of approval unless a Building
Permit is obtained.
PASSED AP7D ADOPTED this 9th day of December 1986 by the following roll
call vote:
AYES: Commissioners: Dickson, Olszewski, Christ, Perrine,
Stanton, Kasolas
NOES: Commissioners: None
ABSENT: Commissioners: None
APPROVED: George C. Kasolas
Chairman
ATTEST: Arthur A. Kee
Secretary