PC Res 3209RESOLUTION NO. 3209
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A VARIANCE TO
ALLOW 59 FOOT WIDE PARCELS INSTEAD OF THE
REQUIRED 70-FOOT WIDTH ON PROPERTY LOCATED AT
1619 WALTERS AVENUE IN AN R-l-9 (SINGLE FAMILY
RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR.
MARK ROBERTS. FILE NO. V 98-02.
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 98-02:
That the long, narrow shape of the lot deprives the property owner of the ability to
divide the property into two lots so that both have full width frontage and house
presence on the public street.
That this long, narrow shape is an exceptional or extraordinary circumstance or
condition applying to the land, which circumstance or condition does not apply
generally to the land, in this neighborhood and R-1-9 Zoning district;
That the granting of the variance is necessary for the preservation and enjoyment of
substantial property rights of the petitioner to divide the lot in a manner similar to
others in the area.
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 size of each lot will exceed the minimum lot size for the district, the house
and lot pattern will fit with that of the neighborhood, and the house layout being
approved in conjunction with the variance presents the appearance of houses with
widths close to that which would have been constructed without the lot width
variance.
5. The granting of the variance to the lot width will have no significant environmental
effect, in that the lot size and amount of open space will not be diminished.
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. 3209
V 98-02 - 1619 Walters 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.
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.
The granting of the variance will not be detrimental to the environment, public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity.
PASSED AND ADOPTED this 8th day of December, 1998, by the following roll call
vote:
AYES: Commissioners:
NOES: Commissioners: None
ABSENT: Commissioners: Lowe
ABSTAIN: Commissioners: None
ATTES~.~~~
Stev~ Piaseeki, Secretary
Francois, Gibbons, Jones, Kearns, Lindstrom
APPROVED:
rad Jones, ~0zt~ng Chair