R 4106RESOLUTION N0.4106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING AN APPEAL OF THE
PLANNING COMMISSION'S APPROVAL OF
ARCHITECTURAL REVIEW 07-007 AND APPROVING
VARIANCE 08-002, APPLIED FOR BY BILL AND VIOLA
COCKSHOTT, LOCATED AT THE SOUTHEAST CORNER
OF WHITELEY AND IDE
WHEREAS, the applicant has filed Architectural Review 07-007 to construct a new 2,795
square-foot, iwo-story, single-family home on a 6,996 square-foot lot located in the Village
of Arroyo Grande at the southeast corner of Whiteley and Ide Streets; and
WHEREAS, the applicant has filed Variance 08-002 to reduce the required street side
yard setback from fifteen (15) feet to ten (10) feet, which is necessary in order to approve
the proposed home; and
WHEREAS, the Architectural Review Committee (ARC) has reviewed and recommended
approval of Architectural Review 07-007; and
WHEREAS, the Community Development Director has approved Architectural Review
07-007 with the recommendation of the ARC; and
WHEREAS, the Planning Commission appealed the Community Development Directors
approval of Architectural Review 07-007; and
WHEREAS, the Planning Commission, after due study, deliberation and public hearing,
denied the appeal and upheld the Community Development Director's approval of
Architectural Review 07-007; and
WHEREAS, the City Council has appealed the Planning Commission's approval of
Architectural Review 07-007; and
WHEREAS, the City Council, after due study, deliberation and public hearing, has found
that the following circumstances exist:
Architectural Review Findings:
The proposal is consistent with the architectural guidelines of the City, or
guidelines prepared for the area in which the project is located;
The proposed home has been designed in the Spanish Eclectic architectural style
and includes slow-pitched red file roof, stucco wall surface and asymmetrical
fagade, which is consistent with the Design Guidelines for Historic Districts, as they
apply to properties in the D-2.4 Overlay.
RESOLUTION N0.4106
PAGE 2
2. The proposal is consistent with the text and maps of the Arroyo Grande General
Plan and this title;
The proposal is consistent with LU 2-4 of the Land Use Element, the stated goal
of which is to `accommodate the development of urban, single-family residential
units in areas designated as Single-Family Residential -Medium Density".
3. The proposal will not be detrimental to the health, safety, comfort and general
welfare of the persons residing or working in the neighborhood of the proposed
project;
The proposed home will not be detrimental to the health safety, comfort and
general welfare of the persons residing in the neighborhood of the proposed
project due to its consistency with both the development standards for the Single-
Family (SF) zoning district and the Design Guidelines for Historic Districts.
4. The general appearance of the proposal is in keeping with the character of the
neighborhood;
Although the proposed home is relatively large based on lot coverage and floor
area ratio (FAR), there are existing homes in the neighborhood that are
comparable in size. The general appearance of the proposed home reflects
elements of other homes in the neighborhood, including a prominent Spanish
Eclectic home located on Whiteley Street, just north of the subject property.
5. The proposal is not detrimental to the orderly and harmonious development of
the City;
Although the proposed home has been designed to fully maximize development of
anon-conforming lot, the home has also been designed to soften the mass and
scale of the structure by breaking the structure down into several elements of
varying heights and setbacks. Additionally, the architectural details of the
proposed home are reflective of other homes in the area and the Spanish Eclectic
architectural style in general. Therefore, the proposed home is not detrimental to
the orderly and harmonious development of the City.
6. The proposal will not impair the desirability of investment or occupation in the
neighborhood.
The proposed home will not impair the desirability of investment or occupation in
the neighborhood, but rather serve as an example of the goals and objectives of
the Design Guidelines for Historic Districts, specifically the Spanish Eclectic
architectural style as defined in the Guidelines.
RESOLUTION N0.4106
PAGE 3
Variance Findings:
1. That strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary hardship not otherwise shared
by others within the surrounding area;
Strict enforcement of the required fifteen (15) foot street side yard setback would
result in a practical difficulty not otherwise shared by other properties in the
Single-Family (SF) D-2.4 zoning district within the surrounding area by requiring
a narrower building footprint for the proposed single-family home that places
more of the living space on the second-floor.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not apply generally to other properties classified in the same zone;
The property is fifty-one (51) feet wide, whereas the minimum standard width for
a lot in the Single-Family (SF) zoning district is seventy (70) feet wide. In
general, properties in the Single-Family (SF) zoning district are nineteen (19) feet
wider than the property involved and are more easily able to accommodate a
fifteen (15) foot street side yard setback.
3. That strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties classified in the same zone;
Based on a review of existing street side yard setbacks for non-conforming SF
D-2.4 lots, the strict enforcement of the street side yard setback would deprive
the applicant of the privilege of a lesser street side yard setback that is enjoyed
by the owners of other non-conforming lots in the SF D-2.4 zoning district. There
are four (4) other non-conforming lots with street side yard setbacks in the SF D-
2.4 zoning district; all four (4) have less than a fifteen (15) foot street side yard
setback (three (3) are ten (10) feet or less).
4. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone;
The granting of the variance will not constitute a grant of special privilege, as
other non-conforming lots in the SF D-2.4 zoning district have been developed
with less than a fifteen (15) foot street side yard setback; moreover, the majority
of lots in the SF D-2.4 zoning district are wider than the subject property and can
more easily accommodate a fifteen (15) foot side yard setback.
RESOLUTION N0.4106
PAGE 4
5. That the granting of the variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity;
Reducing the required street side yard setback will not be detrimental to the
public health, safety or welfare or materially injurious to properties or
improvements in the vicinity, as any structures built on the property will conform
with all other applicable development standards and the City's sight distance
requirements at the intersection of Whiteley and Ide Streets.
6. That the granting of a variance is consistent with the objectives and policies of
the general plan and the intent of this title;
The granting of the variance will allow the applicant to develop the property with
a single-family home with a street side yard setback similar to other non-
conforming lots in the SF D-2.4 zoning district.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies the appeal of the Planning Commission's approval of Architectural
Review 07-007, and approves Architectural Review 07-007 and Variance 08-002, with the
above findings and subject to the conditions as set forth in Exhibit "A", attached hereto
and incorporated herein by this reference.
On motion by Council Member Costello, seconded by Council Member Guthrie, and by
the following roll call vote, to wit:
AYES: Council Members Costello, Guthrie, Arnold, Fellows, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 24th June 2008.
RESOLUTION NO. H!O!o
PAGE 5
TONY FER ,MAYOR
ATTEST:
KELLY WET~iAOR~; CITY CLERK
APPROVED AS TO CONTENT:
~ ~.~
S V ADAM ITY MANAGER
APPROVED AS TO FORM:
~~~ ,
TIM THY RMEL, CITY ATTORNEY
RESOLUTION NO. H ~ 0 (P
PAGE 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
ARCH 07-007 & VAR 08-002
SOUTHEAST CORNER OF WHITELEY & IDE
This approval authorizes the construction of a new two-story, 2,795 square-foot single-
family home on a 6,996 square-foot lot in the Village of Arroyo Grande and grants a
variance to reduce the required street side yard setback from fifteen (15) feet to ten (10)
feet.
COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS
The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Architectural Review
07-007 and Variance 08-002.
3. Development shall occur in substantial conformance with the plans approved by
the City Council and on file with the Community Development Department.
4. Development shall conform to development standards for the Single-Family (SF)
zoning district, unless otherwise approved.
5. The applicant shall agree to defend at his/her sole expense any action brought
against the City,. its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof;
or in the alternative, to relinquish such approval. The applicant shalt reimburse the
City, its agents, officers, or employees, for any court costs and attorneys fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such. action but such participation shall not
relieve applicant of his/her obligations under this condition.
ARCHITECTURAL REVIEW COMMITTEE SPECIAL CONDITIONS
6. Prior to issuance of a building permit, the applicant shall submit window details
(inset depth) and a revised tower element subject to review by the Architectural
Review Committee. '
7. Prior to issuance of a building permit, the applicant shall revise the project plans
to incorporate the accents into the courtyard wall.
CITY COUNCIL SPECIAL CONDITIONS
The laundry room shall be constructed as unconditioned space and considered
as part of the garage.
RESOLUTION NO. Hl0(P
PAGE 7
9. The plans shall be revised to replace the single garage door with two (2) garage
doors of a design consistent with the Spanish Eclectic architectural style.
OFFICIAL CERTIFICATION
1, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4106 is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 24tH
day of June 2008.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25~' day of
June 2008.
~~
KELLY ET RE, CITY CLERK