PC R 97-1637RESOLUTION N0. 97-1637
A RESOLUTION OF THE PLANNING COMM(SSION OF THE
CITY OF ARROYO GRANDE APPROVING VARIANCE CASE
NO. 97-203, APPLtED FOR BY ED DORFMAN, AT 1097
FARROLL AVENUE. VARIANCE FROM DEVELOPMENT
CODE SECTION 9-15.020 TO REDUCE THE RIGHT=OF-
WAY WIDTH OF A LOCAL STREET FROM 52 TO 50 FEET _
(CURB TO CURB MEASUREMENT FROM 40 FEET TO 38
FEET); INCREASED WALLlFENCE HEIGHTS; ADOPTION OF
A NEGATIVE DECLARATION AND INSTRUCTION THAT
THE SECRETARY F1LE A NOTICE OF DETERMINATION
WHEREAS, Variance Case No. 97-203 has been filed by Ed Dorfman to allow a
variance from Development Code Section 9-15.020 to reduce the right-of-way width
of a Local Street from 52 to 50 feet (curb to curb measurement from 40 feet to 38
feet); and
WHEREAS, Variance Case No. 97-203 also requests a variance from Development
Code Section 9-10.070 to increase combination wall/fence heights greater than. six
(6) feet; and �
WHEREAS, this application has been filed in conjunction with Cot line Adjustment 97-
541 and Conditional Use Permit 97-559; and . �
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and Devetopment Code; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that a Negative
Declaration can be adopted, and instructs the Secretary to file a Notice of
Determination; and
WHEREAS, the Planning Commission finds, after due study, deliberation and pub(ic
hearing, the following circumstances exist:
FINDINGS FOR APPROVAL (reduced street width)
1. The strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary hardship not otherwise sha�ed
by others in the surrounding area because a strict interpretation of the
Development Code does not allow any adjustment of the width of the standard
City street fior a Planned Unit Development (PUD►. The reduce curb to curb
width promotes a more attractive streetscape by reducing monotonous fields
of asphalt, which is consistent with the PUD standards. The reduced street
section also increases private open space area.
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. Specifically, the
project proposes public streets for detached single family residences in the
Townhouse/Condominium District (MF). -
Resolution No. 97-1637
Variance Case No. 97-203
Ed Dorfman
October 7, 1997
Page 2
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 because oth�r properties have reduced street right
of wayslcurb to curb widths.
4. The granting of ihe variance will �not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone
because a PUD has more requirements than other properties in the same zoning
district.
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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 is consistent with the objectives and policies of the
General Plan and the intent of this title.
The granting of the requested variance will not result in the parking of vehicles
on p.ublic streets in such a manner as to interfere with the free flow of traffic.
FINDINGS FOR APPROVAL (increased walllfence heights)
1. The strict or 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 because a strict interpretation of the
Development Code does not take into consideration the existing grade
elevations established by surrounding development.
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 cfassified in the same zone. Specifically, the
project has had grade elevations predetermined by adjacent development on
three sides and the street elevations for Morning Rise Lane and Farroll Avenue
are existing. ,
3. The strict o� literai interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by owners of othe� properties
cfassified in the same zone because other surrounding property owners have
combination wall/fences of similar heights.
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
because surrounding properties have wall/fences of similar heights.
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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 is consistent with the objectives and policies of the
General Plan and the intent of this title.
Resolution No. 97-1637
Variance Case No. 97-203
Ed Dorfman
October 7, 1997
Page 3
NOW, THEREFORE, BE IT RESOLVrD that the Ptanning Commission of the City of
Arroyo Grande hereby approves Variance 97-203, subject to the conditions of
approval listed on Attachment "A".
On motion by Commissioner Haney, seconded by Commissioner 0'Donnell, and by the
following roll call vote, to wit:
AYES: Commissioners Haney, 0'Donnell, Greene, Rondeau and Lubin
NOES: None .
ABSENT: None
the foregoing Resolution was adop�ed ihis 7th day of October 1997.
ATTEST:
Pearl L: Phinney, Commiss� n Clerk
S TO CONTENT:
d � C�-t_.�
Doreen lli�berto-Blanck, AICP
Community Development Director
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ATTACHMENT A
CONDITIONS OF APPROVAL
VARIANCE CASE NQ. 97-203
EDWIN & KAY DORFMAN
1097 Farroil Avenue
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the reduced width of a Local Street right of way from 52 feet
to 50 feet with a 38 foot curb to curb measurement as shown on the attached Exhibit
A. This approval also authorizes increased wall/fence heights as specified in the
conditions of approval.
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The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are appficable to this project.
The applicant shall comply with all conditions of approval for Lot Line
Adjustment 97 Conditional Use Permit 97 and Variance 97
This shall automatically expire on October 7, 1999 unless a building
permit is issued. Th�rty (30) days prior to the expiration of the approval, the
- appl'icant may apply for an extension of one (1) year from the original date of
expiration. .
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DevelopmenX, shall occur in substantial conformance with the plans presented
to the Planning Commission at the meeting of' October 7, 1997 and marked
Exhibit "A", "B", & "C". '
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 shall
reimburse the City, its agents, officers, or employees, for any court costs and
attorney's 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.
DEVELOPMENT CODE
6. Development shall conform to the MF zoning requirements except as otherwise
approved.
SPECIAL COND/TIONS
7. All wall/fences shall not exceed six (6} feet in height as measured from the
highest side of the wall/fence, except as follows:
a. The combination wafl/fence at the rear of lots 50-52 shall not exceed
nine (9) feet in height.
b. The combination wall/fence at the rear of lots 5457 shaii not exceed 13
feet in height.
c. The combination wall/fence along the rear of lot 58 (east property line)
shall not exceed eight (8) feet in height, except for the most southerly
five (5) feet which may be the same height as the wall/fence along the
south property line of lot 57. �
d. The combination wall/fence at the rear of lots 59-63 shall not exceed a
range of 6.5 feet to 11.5 feet in height.
e. The combination wal!/fence at the rear of lots 68-74 shall not exceed
eight (8) feet in height.
f.. The combination wall/fence on the side yard of lots 38 and 74 shall not
exceed 8.5 feet in height.
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