CC Resolution 9221
RESOLUTION NO. 9221
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL UPHOLDING THE APPEAL OVERTURNING
THE PLANNING COMMISSION DECISION AND APPROVING
A VARIANCE TO ALLOW A REDUCED LOT WIDTH FROM 60
FEET TO 58 FEET AND A REDUCED ACCESS WIDTH TO A
FLAG LOT FROM 15 FEET TO 12 FEET ON PROPERTY
LOCATED AT 1180 W. LATIMER AVENUE IN AN R-I-6
(SINGLE FAMILY RESIENTIAL) ZONING DISTRICT.
APPLICATION OF MR. OMID SHAKER!. FILE NO. V 96-02.
After notification and public hearing, as specified by law on the application of Mr. Omid
Shakeri, as per the application filed in the Community Development Department on
December 3, 1996, and after presentation by the Community Development Director,
proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council did find as follows
with respect to application V 96-02:
1. Granting of the variance for a reduced front lot width and reduced access driveway is
necessary for the preservation and enjoyment of property rights to subdivide the
property because this property is substantially larger compared to other properties in
the area, and complies with the lot area requirement for the zoning district.
2. Granting of the variance will not be detrimental to the public welfare or injurious to
property and improvements in the district because the area of the lot is equivalent to
area of three standard lots but will only result one additional home on the site.
3. Approval of the variance would not be a granting of special privilege or that is
contrary to the intent or purpose of the zoning or the General Plan because the
zoning district permits one home for each 6,000 square foot lot, and the subdivision
of the property into two lots would result in a density of 4.3 units per gross acre.
4. The building height would hereinafter be restricted to a one-story height thereby
eliminating any height or privacy impacts on adjacent neighbors from two-story
buildings.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. Strict or literal interpretation in enforcement of the specified regulation would result
in practical difficulty or unnecessary 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.
City Council Resolution No.
V 96-02 - 1180 W. Latimer
Page 2
3. Strict or literal interpretation in enforcement of the specified regulation would
deprive the applicants 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 limitation on other properties classified in the same zoning
district.
5. 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.
The applicant is hereby notified, as part of this application, that he/she if required to meet
the following conditions in accordance with the Ordinances of the City of Campbell and
the State of California. The lead department with which the applicant will work is
identified on each condition. 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.
VARIANCE APPROVAL
1. Approved Proiect: A variance is granted allowing a reduction in the required lot
width from 60 feet to 58 feet and to allow a reduced driveway width of a rear (flag)
lot from 15 feet to 12 feet to allow the subdivision of the property located at 1180
W. Latimer Avenue, in an R-I-6 (Single-Family Residential) Zoning District. The
property is identified as Assessor's Parcel Number: 307-49-007.
2. Site and Architectural Permit: Approval is granted for a Site and Architectural
Review Permit allowing a two new single family residence on property located at
1180 W. Latimer, subject to the recordation of the parcel map creating two lots.
The site plans and elevations shall substantially comply with project plans
prepared by Roaten Hinson Associates dated 4/18/96, except as modified by the
Conditions of Approval herein. Plans are subject to approval of building permits,
and all other applicable Municipal Code regulations and standards for new
developments.
3. Parcel Map: Applicant shall file a Tentative Parcel Map in accordance with the
CMC Section 20.16 with the exception of the variance granted for this project. The
parcel map shall be recorded prior to issuance of building permits. The parcel map
shall reflect the following:
. Access to each lot shall be taken off of one common driveway.
City Council Resolution No.
Y 96-02 - 1180 W. Latimer
Page 3
4. Deed Restriction: The applicant shall record a deed restriction stating that the
variance was granted based on the assurance that the structures would be limited to
one-story in height. The deed restriction shall be prepared in the form acceptable
to the Community Development Department and the City Attorney and shall
provide the following:
A. Building additions on the subject property are limited to one-story and a
maximum height of 14 feet, and shall not exceed the maximum building
coverage permitted under the zoning district.
5. Fire Apparatus Access Driveway (Flag Lot): Provide access driveway with a
paved all weather surface and a minimum width of 12 feet. Installations shall
conform with Fire District Standard Details and Specifications D-l.
6. Fire Code Requirements: All buildings on flagged lots will require the installation
of a residential fire sprinkler system or shall conform to all requirements set forth
in the Uniform Fire Code Article 9.
PASSED AND ADOPTED this 6th day of May, 1997 , by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Dougherty, Dean, Furtado, Conant
COUNCILMEMBERS: None
COUNCILMEMBERS: Watson
COUNCILMEMBERS: None
APPROVE~~~
/J /J / Barbara D. Conant, Mayor
ATTEST: ~
Anne Bybee, City Clerk