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PC Res 2975RESOLUTION NO. 2975 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A VARIANCE ALLOWING LESS THAN THE 60-FOOT REAR LOT WIDTHS'MINIMUM LOT WIDTH REQUIREMENT FOR A RESIDENTIAL DEVELOPMENT ON PROPERTY LOCATED AT 1522 McCOY AVENUE IN AN R-l-6 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO. V 95-01. After notification and Hearing on the application of Santa Clara Development for a variance for property located at 1522 McCoy Avenue in an R-l-6 (Single Family Residential) Zoning District, as per the application filed in the Planning Department; and, after presentation by City Staff, proponents and opponents, the hearing was dosed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to File No. V 95-01: The San Tomas Area Neighborhood Plan states that lots in R-l-6 zoning districts shall have a minimum lot width of 60 feet. e All the lots that require the variance could be made meet the minimum width requirement without a variance; approval of the variance request allows parcels to be created which exceed the minimum lot area required by the zoning district. The shape of the site is unusual due to an existing creek that is located along the eastern property line of the site. Based upon the fOregoing findings of fact, the Planning Commission concludes that: Strict or literal interpretation in enforcement of the specified regulation would result in a practical difficulty or unnecessary hardship inconsistent with the objectives of the zoning ordinance. The 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. Strict or literal interpretation in enforcement of the specified regulation will deprive the applicants of privileges enjoyed by the owners of other properties classified in the same zoning district. Resolution No. 2975 V 95-01 - 1522 McCoy Avenue Page 2 The granting of a variance will not constitute a special privilege inconsistent with the limitation on other properties classified in the same zoning district. Granting of the variance will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvement in the vicinity. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein spedfied. PASSED AND ADOPTED this 25th day of April, 1995, by the following roll call vote: AYES: Commissioners: Alne, Higgins, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine NOES: Commissioners: None Steve"tPiasecki, 13ecretary