PC Res 3944RESOLUTION NO. 3944
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A VARIANCE (PLN2009-38)
TO ALLOW TWO AS-BUILT ACCESSORY STRUCTURES (A 120
SQUARE FOOT JAPANESE TEA STRUCTURE AND A 56.25
SQUARE FOOT SHED) LOCATED IN THE FRONT HALF OF THE
SUBJECT PARCEL ON PROPERTY OWNED BY MR. JOHN REES
LOCATED AT 1350 ABBOTT AVENUE IN AN R-1-10 (SINGLE
FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF
MR. JOHN REES. FILE NO.: PLN2009-38.
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 PLN2009-38:
1. The proposed project consists of two as-built accessory structures located on the front
half of the subject property.
2. The proposed lot coverage is 19.6%. The Floor Area Ratio (FAR) of the proposed
project is .20, where a maximum of .45 is allowable.
3. The proposed project would require approval of a Variance to allow the two accessory
structures to remain in the front half of the subject parcel.
4. There are no alternative locations on the subject parcel that could accommodate the
accessory structures and meet the required setbacks and site development standards.
5. The subject property is developed comparably with other residential properties located
in this neighborhood and therefore, there are exceptional or extraordinary
circumstances or conditions applicable to the subject property (i.e. size, shape,
topography) which do not apply generally to other properties located in this
neighborhood and classified in the same Zoning District.
6. In general, the granting of the requested Variance would not be detrimental to the
public health, safety, or welfare or materially injurious to properties or improvements in
the area by allowing a portion of a driveway apron in the public right-of-way and
resulting in a 33 foot pavement section for the driveway.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The strict or literal interpretations and enforcement of the specified regulation(s) would
result in a practical difficulty inconsistent with the objectives of the Zoning Code.
Planning Commission Resolution No. 3944
PLN2009-38 - 1350 Abbott Avenue -Variance
Page 2
2. There are exceptional or extraordinary circumstances or conditions applicable to the
subject property (i.e. size, shape, topography) which do not apply generally to other
properties classified in the same zoning district.
3. The strict or literal interpretations and enforcement of the specified regulation(s) 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 privileges 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 area.
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Variance
(PLN2009-38) to allow two as-built accessory structures (a 120 square foot Japanese Tea
Structure and a 56.25 square foot shed) located in the front half of the subject parcel on
property located at 1350 Abbott Avenue in an R-1-10 (Single Family Residential) Zoning
District.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
Acknowledged & Accepted:
John Rees, Applicant
2. Approved Project: Approval is granted for a Variance (PLN2009-38) to allow two as-
built accessory structures to remain located within the front half of the subject property.
Planning Commission Resolution No. 3944
PLN2009-38 - 1350 Abbott Avenue -Variance
Page 3
The project shall substantially conform to the project plans and project description
received by the Planning Division on March 26, 2009, except as may be modified by the
Conditions of Approval contained herein.
3. Setbacks: The 56.25 square foot accessory structure shed shall be relocated to meet
the minimum side yard setback for an accessory structure within the San Tomas Area
Neighborhood Plan.
PASSED AND ADOPTED this 12th day of May, 2009, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Commissioners
Commissioners
Commissioners
Alderete, Ebner, Gairaud, Gibbons and Roseberry
Alster and Rocha
None
ATTEST: