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PC Res 3078RESOLUTION NO. 3078 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION TO THE SIDEYARD SETBACK REQUIREMENTS TO ALLOW A SECOND STORY ADDITION TO A RESIDENCE LOCATED AT 173 CHERRY LANE IN AN R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. APPLICATION OF MR. EDWARD YUHARA. FILE NO. M 97-04. 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 M 97-04. The proposed project is consistent with the R-l-6 (single-family residential, 6,000 square foot minimum lot size) zoning district and development standards, with the approval of a modification to the side yard setback at the western property line. The proposed six (6) foot side yard setback at the western property line will suffice as a minimum side yard setback requirement for the two-story staircase addition in conjunction with the second story addition to the existing single family residence. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. The development of the property will result in a density of 4.25 dwelling units per gross acre and is consistent with the General Plan density of less than 6 dwelling units per gross acre for this area. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: That the proposed project is consistent with the City's General Plan and Zoning Ordinance. That said side yard along the western property line will not be detrimental to the health, safety, peace, comfort or general welfare of persons in the neighborhood or the city as a whole. That said side yard along the western property line will not unreasonably interfere with the ability of the adjoining property owners to enjoy access to sunlight, air, privacy or quiet enjoyment of such owner's property. Planning Commission Resolution No. 3078 M 97-04 - 173 Cherry Lane - Second Story Addition Page 2 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. 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. Approved Project: Approval is granted for a minor modification to a side yard setback requirement allowing a six (6) foot side yard setback to suffice in place of a required seven (7) foot side yard setback along the western property line for a two story staircase addition to an existing single family residence located at 173 Cherry Lane in an R-1-6 (single family residential) zoning district. A. Project Plans: Project shall substantially comply with project plans prepared by Dennis Burrow submitted on February 21, 1997. 2. Building Division Requirements: A. Applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the Building Division. Bo Applicant shall provide plans with required calculations prepared by a licensed architect or engineer for the proposed project prior to obtaining building permits from the Building Division. 3. Public Works Department Requirements: A. Prior to issuance of any building permits for the site, the applicant shall pay a storm drain area fee of $384, based upon a current fee schedule of $2000 per acre. B. A complete site plan including existing street improvements, dimensioned from the center line of the street, and any recorded easements shall be required prior to issuance of building permits. Property_ Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). PASSED AND ADOPTED this 11th day of March, 1997, by the following roll call vote: Planning Commission Resolution No. 3078 M 97-04 - 173 Cherry Lane - Second Story Addition Page 3 AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alne, Jones, Keams, Lowe, Meyer-Kennedy None Lindstrom Gibbons APPROVED: ATTEST ~ Ste~Pi~secki, Secretary