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PC R 96-1584RESOLUTION NO. 96-1584 A RESOLUTION OF TAE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING VARIANCE CASE NO. 96-199 TO REDUCE THE FRONT YARD SETBACK FROM 20 FEET TO 18.5 FEET APPLIED FOR BY ANTHONY TOSTE, AT 540 EAST BRANCH STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance Case No. 96-199, filed by Anthony Toste to reduce the front yard setback from 20 feet to 18.5 feet in the Residendal Single Family (SF) District; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and . WI�REAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental Documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The strict or literal interpretation and enforcement of the front yard setback requirements for the SF District would result in practical difficulty or unnecessary hardship not otherwise shared by others in the sunounding area. The masonry walls were constructed prior to construction of the single family residence and were placed along the future property line separating Parcel 1 and 2. During construction of the single family residence, the structure was moved 1.5 feet closer to the front property line to avoid encroachment into a future open space easement. Strict interpretation of the front yard setback standard would result in the unnecessary hardship of demolishing and reconstructing the masonry wall 1.5 feet away from its' existing location. 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 property abuts the Arroyo Grande Creek to the south. In accordance with Development Code standards, all discretionary projects are required to dedicate to the City all the area that includes the stream bed and 25 feet back of the stream bank. This requirement limits the buildable area on the lot and would not apply to nondiscretionary projects in the same zone. 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. Other residences in the area are on flag lots or have access easements and irregular setbacks. Resolution No. 96-1584 Variance Case No. 96-199 Anthony Toste September 3, 1996 . Page 2 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 properties in the area are on flag lots or have access easements and irregular setbacks. Other properties in the SF District could process similar requests through the variance process. 5. The grandng of the variance will not be detrimental to the public health, safety or . welfare, or materially injurious to property or improvements in the vicinity provided � remediation of creek bank is completed. The structure is located in the rear portion of the property and is not visible from the public street. 6. The granting of the variance is consistent with the objectives and policies of the General Plan and the intent of this Title. NOW, THEREFORE, BE IT RFSOLVED that the Planning Commission of the City of Arroyo Grande hereby finds the project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305, Class 5 of the CEQA Guidelines and approves said variance, with the above findings and subject to the conditions as set forth in Attachment "A", attached 12ereto and incorporated herein by this reference. On motion by Commissioner Deviny, seconded by Commissioner Titus, and by the following roll call vote, to wit: AYES: Commissioners Deviny, Titus, Keen and Tappan NOFS: None ABSENT: Commissioners Lubin the foregoing Resolution was adopted this 3rd day of September, 1996. ATTFST: � Luc' r e, Commission Clerk AS TO CONTENT: Doreen `� G--- William Tappan, Chair � Community Development Director � Resolution No. 96-1584 ATTACHMENT "A" CONDITIONS OF APPROYAL VARIANCE CASE NO. 96-199 540 East Branch Street Anthony Toste GENERAL CONDITIONS COMMUNI'I'Y DEVELOPMENT DEPARTMENT This approval authorizes the reduction in front yard setback from 20 feet to 18.5 feet for Parcel 2 of Parcel Map AG 96-039. l. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. , 2. This application shall automatically expire on September 3, 1998 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of September 3, 1996 and marked "Exhibit "A". 4. 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 5. Development shall conform with the Residential Single Family (SF) zoning requirements except as otherwise approved. 6. All walls (including retaining walls), fences or combination thereof, within the front setback area of Parcel 1, shall be no more than 3 feet in height. Unless specifically approved through the appropriate procedure, all other walls (including retaining walls), fences, or combination thereof shall not exceed six feet (6') in height.