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R 2970 RESOLUTION NO. 2970 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY. OF ARROYO GRANDE UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT CASE NO. 92-501 AND THE ASSOCIATED ARCHITECTURAL REVIEW, APPLIED FOR BY ROGER FULLER, FOR A SECOND RESIDENTIAL UNIT, LOCATED AT 840 FARROLL AVENUE, AND DENYING SAID CONDITIONAL USE PERMIT AND ASSOCIATED ARCHITECTURAL REVIEW. WHEREAS, the City of Arroyo Grande has received applications from Roger Fuller to - construct a second residential unit at 840 Farroll Avenue in the SF, Single Family wne; and WHEREAS, the Planning Commission of the City of Arroyo Grande held a duly noticed public hearing on the project on July 7, 1992; and WHEREAS, after due study, deliberation and public hearing, the Planning Commission approved the application for Conditional Use Permit Case No. 92-501 and the associated architectural review; and WHEREAS, an appeal of the Planning Commission's decision was filed on July 27, 1992 by Anita and Jerry Martin and 18 adjacent neighbors; and WHEREAS, the Arroyo Grande City Council held a duly noticed public hearing on the aforementioned appeal on August 25, 1992, at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council referred the application back to the Planning Commission to explore design changes; and WHEREAS, the Planning Commission referred the project to the Architectural Advisory Committee, who worked with the applicant and the affected neighbors to achieve a project - design that would minimize impacts on the neighbors; and WHEREAS, the Planning Commission, after reviewing the project changes recommended by the Architectural Advisory Committee, could not arrive at a consensus to provide a recommendation on the changes to the City Council; and WHEREAS, the Arroyo Grande City Council held a duly noticed public hearing on the aforementioned appeal and the design changes on February 9, 1993, at which time all interested persons were given the opportunity to be heard; and WHEREAS, the Arroyo Grande City Council received numerous letters from the public concerning this project, that were read and considered by the Council; and WHEREAS, after due study, deliberation and public hearing, the City Council makes the following findings of fact: l. The proposed structure would unreasonably and unnecessarily interfere with the scenic view from other properties, and there are alternatives that would permit complete use and development of the property on which the proposed structure or expansion is to occur. The basis for the finding is that because the property is so large there are other areas on - the property that would allow construction of the proposed second residential unit. This finding is also based on the Council's observation of the property and the size of the lot. . 2. The height and design of the current building, on which the proposed structure would be added, would cause the proposed structure to be out of character with the neighborhood. Therefore the proposed structure does violate the intent of Development Code Section 9-03.130 in that it is not consistent with the established scale or character of the neighborhood and it will unreasonably and unnecessarily affect views of the surrounding properties when there are alternatives. .- ..' _.------~-. --- .-_._...~- ..~_..~,-~- -. Resolution No. 2970 Conditional Use Penuit No. 92-501 Roger Fuller Febroary 9, 1993 Page Two 3. The building style of the garage does not lend itself to addition of a second story that is in character with the neighborhood. - NOW, THEREFORE, BE IT RFSOL VED that the City Council of the-City of Arroyo Grande, California hereby: I. Upholds the appeal of the Planning Commission's actions on the above referenced project; and 2. Denies Conditional Use Permit Case No. 92-501 and the associated architectural review based on the above findings of fact. On motion of Council Member Burke, seconded by Council Member Souza, and by the following roll call vote, to wit: AYES: Council Members Burke, Souza, Moots and Mayor Gallagher NOFS: Council Member Brandy ABSENT: None ~ -., RLw,.fiM - - ~Y:;d i - MATIHEW PEI'ER GA A TIEST: ~ a. Ql<<:U NANCY A. VIS, CITY CLERK APPROVED AS TO FORM: I, ~ A. . DAVIS, City Clerk,of ~e City of Arroyo Grande, County of San .LU~S Ob~spo, State <;>f Cahforma, do hereby certify under penalty - of perJury that the forego~ng Resolution No. 2970, is a true, full and correct .copy of said Resolution passed and adopted at a regular neeting of said Council on the 9th day of February, 1993. . WITNFSS my hand and the Seal of the City of Arroyo Grande affixed this 22nd- day of February, 1992. -11f:;t ~ a. CITY. CLERK , - ,