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PC R 99-1682RESOLUTION N0. 99-1682 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING VARIANCE CASE NO. 99-001 LOCATED AT 551 FIELDVIEW PLACE, APPLIED FOR BY COKER ELLSWORTH, INC. WHEREAS, the Planning Commission has considered Variance Case No. 99- 001, and has held a public hearing and considered testimony and documents in the record on February 16, 1999; and . WHEREAS, the Planning Commission has determined that the project is exempt from review under.,. the California :fnvironmental Quality Act pursuant to CEQA Guidelines Sect'ion 1 �5061; and � WHEREAS, The Planning Commission may approve a variance only if the findings required by the Development Code can be made; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the required findings cannot be made, and that the following circumstances exist with regard to each of the required findings, set forth below: 1. The strict literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others in the surrounding area. Although Lot 14 has an unusual configuration, the application of the 20 foot setback does not present difficulties not faced by most other lots in the subdivision. Lot 20 has a similar configuration. 2. 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 applicant has pointed to design constraints on Lot 14, Tract 2217, but these are neither exceptiona/ nor extraordinary. 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by owners of other properties classified in the same zone. �ther /ots in the subdivision are burdened by the same setback requirements. The configuration of Lot 14 presents some design challenges, but wou/d not prevent the applicant from constructing a reasonable single family residence while observing the required rear yard setback. 4. 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. Other lots in the subdivision are affected by the same setback requirement as involved in this request The configuration of Lot 14 does not present such difficu/ties as to require special relief. Such relief would constitute a privilege not enjoyed by others in similar circumstances. Planning Commission Resolution No. 99-1682 Variance Case No. 99-001 February 16, 1999 Page2of2 5. 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. The granting of a variance as requested would not be detrimental to the public health, safety or welfare, and would not be materially injurious to properties or improvements in the vicinity. 6. The granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code which The granting of the variance requested would be contrary to the objectives and policies of the General Plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby finds that the findings required by the Development Code for the approval of a variance cannot be made based on the record, and hereby denies the request for a variance in Variance Case No. 99-001. On motion by Commissioner Parker, seconded by Commissioner Costello, and by the following roll call vote, to wit: AYES: Commissioners Costello, Keen, Parker and Acting Chair Greene NOES: None ABSENT: One vacancy exists on the Commission. The foregoing Resolution was adopted this 16"' day of February 1999. ATTEST: �c���� ��?�. Kathleen Fryer, Acting o mission Clerk Laurence Green, Acting Chair AS TO O�VTENT: / - / �� Ji milton, Com evelopment Director