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PC R 99-1738RESOLUTION NO. 99-1738 C� cS/107GLG� %LG�i!/� G'plZ/1- ��Q — l �.� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VARIANCE CASE NO. 00-001, LOCATED AT 1597 CHILTON STREET, APPLIED FOR BY JACK AND DEANNE CROFT WHEREAS, the applicant, Jack and Deanne Croft, has filed Variance Case No. 00- 001 to allow for a Variance to the front yard setback; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance Case No. 00-001 at a public hearing on April 4, 2000 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Development Code associated therewith; and WHEREAS, the Planning Commission has reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the project is exempt from review under CEQA Guidelines Section 15305; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings can be made in the affirmative: Variance Findings The 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. 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. 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. 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. 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. Resolution No. 00-1738 Variance Case No. 00-001 1597 Chilton Street Page2of2 6. That the granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Variance Case No. 00-001, 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 Commissioner Keen, seconded by Commissioner London, and by the following roll call vote, to wit: AYES: Commissioner Costello, Keen, London and Vice-Chair Parker NOES: None ABSENT: Chair Greene the foregoing Resolution was adopted this 4 day of April, 2000. ATTEST: � Kat leen Fryer, Commissio Clerk , ��� Nanci Parker, ice-Chair AS TO CONTENT: � t� Kerry M ants Community Development Director EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE CASE NO. 00-001 APPLIED FOR BY JACK AND DEANNE CROFT LOCATED AT 1597 CHILTON STREET Community Development Department General Conditions This approval authorizes a reduction of the required front yard setback from 25 feet to 20 feet, as illustrated in Exhibit "B" and shall be located no farther forward than the adjacent house to the west located at 1611 Chilton Street, APN #077-012-09. 1. 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 Lot Line Adjustment Case No. 99-001 with Variance Case No. 99-004, and Certificate of Compliance Case No. 99-001. 3. The appticant shall, as a condition of approval of this variance application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. Development Code 4. The developer shall comply with Development Code Chapter 9-4, "Land Divisions". 5. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." _�