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.