CC Resolution 8216
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RESOLUTION NO.
8216
CITY COUNCIL OF THE
CITY OF CAMPBELL
BEING A RESOLUTION OF THE CITY COUNCIL, CITY OF CAMPBELL
APPROVING THE VARIANCE FROM THE THREE FOOT SETBACK TO A
ONE FOOT SETBACK FOR A DETACHED GARAGE, FOR PROPERTY
LOCATED AT 1163 LOVELL LANE, IN A R-1-6 (SINGLE-FAMILY
RESIDENTIAL) ZONING DISTRICT, APPLICATION OF MR. CHARLES
STEWART, FILE NO. V 91-02.
After notification and Public Hearing as specified by law on the application of
Mr. Charles Stewart for a variance for a one foot setback to a detached garage,
on property located at 1163 Lovell Lane, in an R-1-6 (Single-Family
Residential) Zoning District; as per the application filed in the Planning
Department on September 19, 1991; and, after presentation by the City Staff,
the hearing was closed.
After due consideration of all evidence presented, the City Council did find as
follows with respect to File No. V 91-02:
1. The garage walls are constructed of reinforced concrete.
2. That the property is unusually deep.
3. The proposal significantly upgrades the existing illegal structure
improving fire and building safety conditions.
4. The garage met the setback requirements of the County at the time it was
constructed.
5. Due to a depression located in the rear yard for a swimming pool, it
would be difficult to relocate the garage.
6. There are several lots in the immediate are that have detached garages
that are setback one foot from the sideyard property line.
7. The applicant has demonstrated that an unnecessary hardship will result
unless the variance is granted.
. .
Resolution No.
Adopted January 7, 1992
page two
Based upon the foregoing findings of fact, the City Council further finds and
concludes that the facts demonstrate 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.
3. Strict or literal interpretation in enforcement of the specified regulation
would deprive the applicants of the 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 proposed use, or be detrimental
or injurious to property and improvement in the vicinity.
Based upon the fore-mentioned findings, the City Council does hereby grant
the request for a variance.
PASSED AND ADOPTED this 7th day of January 1992, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Kotowski, Conant, Ashworth, Watson, Burr
None
None
None
A TrEST:
APPROVED~ ... ....\--~-.-;:s
--nonald R. Burr, Mayor
;rUitf:d' :llne,A/
ear ara Olsasky, City Clerkf-
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