R 2433
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RESOLU'l'Iaf NO. 2433
A RESOLUTIaf OF 'l'HE CI'lY amfCIL OF 'l'HE cm OF ARROro
GRANDE UPHOLDING 'l'HE PLMNING aHUSSIaf'S DI!1UAL OF
CDIDITICIiAL USE PmMIT CASE NO. 90-478, APPLIm.PCR BY
.DIMES P. 00I.'SCtI , 801 :mmsRA ROIID, TO LI!GITIMIZE A
PARTIALLY CUfSTRUCTED 630 sr;JJARE PCar SI!XDfD RFSIII!Bl'IAL
UNIT AND FARM OFFICE ATOP A GImJ!GE
r WHEREAS, the City CoImcil of the City of Arroyo Grande has CCWJidered an
appeal by James P. Dotson to legitimize a partially ccmstructed 630 square foot
second residential unit and farm office atop a garage at 801 Huasna Road in the
RA-B3 zone; and
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~, the Planning Camlission denied the Conditional Use Permit upon
finding, after due study, deliberation and public hearing, that the following
circunstances exist:
1- Building of the proposed use was ccmnenced without a building permit
and without a Conditional Use Permit in violation of the City's
Municipal code and in violation of the Uniform Building code,
2. If the appropriate permits had been applied for as required by law,
the project would have been conditioned to require placement in a
different location to allow the applicant full ~ of his property
but still respect the views of existing develoPment.
3. Applicant is not precluded fran applying for this use in a better
location on his property.
4. The proposed use is not consistent wi th Pol icy 7,2 of the General
plan Land Use Element because it does not respect views of existing
development. In particular, Implementation Actions (d) of Policy
7.2 require that new developments be designed so as to respect the
views of existing development, If the project had been reviewed
prior to construction, alternative locations on the 8 acre site
would have been reviewed in order to carply with the provisions of
the General Plan,
5, The proposed use will have an adverse effect on the use of
surrol.mding property because of the reduction of views.
~, James P. Dotson has appealed the Planning Camlission's decision
to the City Council; and
" ~, the City CoImcil of the City of Arroyo Grande has held the
required public hearing regarding the appeal on Decenber 11, 1990; and
WHEREAS, the City Council found, after due study, deliberation and public
hearing that the findings made by the Planning Camlission were appropriate,
NtW, .~~, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby upholds the Planning Camlission's denial of said Conditional Use Permit
Case No. 90-478.
BE IT ALSO RESOLVED that the City CoImcil of the City of Arroyo Grande hereby
directs and orders the applicant to remove the offending structure inmediately.
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RESOIDrIOO NO. 90-2433
OONDITIamL USE PEBUT CASE NO. 90-478
JAMES P. 00l'SCI{, 801 HtJASNA ROAD
I>ECEMBER 11, 1990
PAGE '.lWO
On motion by Comcil Member Dougall, seconded by Comcil Member Olsen, and by the
following roll call vote, to wit:
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AYES : Comcil Members Dougall, Olsen, Smith, Moots and Mayor Millis
NOES : None
ABSENl' : None
the foregoing Resolution was adopted this 11th day of December, 1990.
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ArrtSl' :
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NANCY' A. ~IS, CITY CLERK
APPROVED AS TO FORM:
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SKoosm~ A'M'ORNEY
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