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PC R 09-2080RESOLUTION NO. 09-2080 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VARIANCE 09- 001; 785 EASY STREET; APPLIED FOR BY GLENN BURGESS AND SUSAN ABUNDIS WHEREAS, the applicant has filed Variance 09-001 to deviate from the required side yard setback for a single-family home in the Residential Estate (RE) zoning district at 785 Easy Street; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance 09-001 at public hearings on March 17, 2009 and April 21, 2009 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City' s General Plan, Development Code and the environmental documents associated therewith, and has determined that the project is categorically exempt under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings are made in an affirmative manner: 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 within the surrounding area. Strict interpretation of the required 30' side yard setbacks would require a narrower building footprint, more intrusive grading and excessive stepping of the building floor plan to accommodate a reasonable sized residence given the slope contours. This would result in a practical difficulty and unnecessary hardship, not otherwise shared by other properties in the Residential Estate district, as the majority of lots in the neighborhood are typically larger and wider. 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. The majority of properties in the Residential Estate (RE) zoning district are larger and wider making it easier to comply with the required 30 foot side yard setbacks. The subject property is narrow in comparison to the majority of surrounding properties (100 ft compared to 200 ftJ and is located on a significant slope (roughly 18%1. Strict interpretation of the required 30' side yard setbacks would require a narrower building footprint, more intrusive grading and excessive stepping of the building floor plan to accommodate a reasonable sized residence given the slope contours. RESOLUTION NO. 09-2080 APRI L 21, 2009 PAGE 2 of 6 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. The majority of properties in the Residential Estate (RE) zoning district are larger and wider making it easier to comply with the required 30 foot side yard setbacks. Owners of other adjacent prope�ties in the Residential Estate (REl zoning district have been able to build single family residences in the approximate range of 1,344 - 4,430 sq. ft. to meet the required side yard setbacks more easily due to the larger and wider lot size of surrounding properties. 4. That the granting ot the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. The granting of the variance will not constitute a grant of special privilege due to the fact that standard properties in the Residential Estate (RE) zoning district are wider than the subject property and can more easily accommodate a thirty (301 foot side yard setback. Strict interpretation of the required 30' side yard setbacks would require a narrower building footprint, more intrusive grading and excessive stepping of the building floor plan to accommodate a reasonable sized residence given the slope contours. 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. The granting of this variance, as conditioned, will allow a single-family residence to be built 10' into the �equired 30' side yard setbacks and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, as other nearby residences have been built within required setbacks. This project is proposed be conditioned to a minimum side yard setback requirements of 20' which apply to lots of similar size in other areas of the City. 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. The granting of this variance will allow a 3,000 square-foot single-family residence to be built on an 43,022 square-foot vacant lot in an area designated Very Low Density Residential in the General Plan and maintains consistency with policies in the General Plan including Policies L U2-1, L U 12-3 and L U 12-9. Additionally, the project meets Deve%pment Code standards for �equired front and rear yard setbacks and lot coverage standards for the Residential Estate (REl zoning district RESOLUTION NO. 09-2080 APRIL 21, 2009 PAGE 3 of 6 and will be conditioned to conform to the side yard setback requirements of the Rural Residential District applicable to similar sized lo ts in the City. 7. The granting of the requested variance will not result in the parking of vehicles on public streets in such a manner as to interfere with the free flow of traffic. All residences in the Residential Estate (RE) zoning district are required to provide two off-street parking spaces in the form of a two car garage; the applicant proposes to provide four spaces within an enc%sed garage. Due to the fact that Easy Street is a private drive with no available on-street parking, the project will be conditioned to provide two accessible off-street guest parking spaces on-site. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Variance 09-001, 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 Brown, seconded by Commissioner Barneich, and by the following roll call vote, to wit: AYES: Commissioners Brown, Barneich, Keen, Ruth and Chair Ray NOES: None ABSENT: None the foregoing Resolution was adopted this 21 day of April, 2009. ATTEST: . i� `�—!�'��� LYN REARDON-SMITH, SECRETARY TO THE COMMISSION �� �� CAREN RAY, C TO CON r --, l__. . ..... ... . . ...,.. �, COMMUNITY DEVEL PMENT DIRECTOR RESOLUTION NO. 09-2080 APRI L 21, 2009 PAG E 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE 09-001 785 EASY STREET COMMUNITY DEVELOPMENT DEPARTMENT 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 Variance 09-001. 3. This variance approval shall automatically expire on March 17, 2011 unless building permits are issued or an extension is granted pursuant to Section 16.12.140 of the Development Code. 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. �r. Development shall conform to the Residential Estate (RE) zoning requirements except as follows: Front Yard - no less than 35; Rear Yard - no less than 25'; Side Yards - no less than '^' ���' '�'. ''0 ft. 6. Final site plans and elevations, including placement and screening of on-site water storage tanks for fire flow requirements, shall be considered by the Architectural Review Committee for recommendation to the Community Development Director prior to issuance of a building permit. 7. The applicant shall provide two (2) off-street guest parking spaces on-site in a location outside the private road easement. BUILDING DEPARTMENT BUILDING CODES 8. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. FIRELANES 9. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. The applicant shall maintain Fire Department access of 20 feet from Printz Road to the property line and stripe/sign a 20 foot wide fire lane clearly marked for the entire frontage of the property. RESOLUTION NO. 09-2080 APRIL 21, 2009 PAGE 5 of 6 FIRE FLOW/FIRE HYDRANTS 10. 11. 12. Project shall have a fire flow based on the California Fire Code appendix III-A. Prior to combustible materials being placed on site, fire hydrants shall be installed per Fire Department and Public Works Department Standards. Provide water supply for firefighting purposes. FIRE SPRINKLERS 13 14 Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. ABANDONMENT/NON-CONFORMING 15. Prior to map recordation, issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. DEMOLITION PERMIT 16. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. Development fees resulting from demolition will be appropriately credited to the property. � . _...� . ■ l 1 � . 17. : Project must comply with Federal and local flood management policies. Any review costs generated by outside consultants shall be paid by the applicant. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT 19. 20. 21. 22. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. RESOLUTION NO. 09-2080 APRI L 21, 2009 PAGE 6 of 6 23. ��� 25. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 26 27. : 29. 30. 31 K�a PUBLIC WORKS DEPARTMENT Drainage fee, as required by the area drainage plan for the area being developed. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. Park Development fee, to be based on codes and rates in effect at the time of building permit issuance (Residential Development only). Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance (Residential Development only►. Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance (Residential Development only). Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance (Residential Development only). Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. Affordable Housing in lieu fee, as conditioned for this project. � � � 33. The applicant shall comply with City ordinances and County Health Department requirements for the installation of a private sewage disposal system. 34. The applicant shall submit a grading plan prepared by a licensed civil engineer. The plan shall address retention on-site of any additional runoff generated by development of the subject property; or providing drainage easements to accommodate additional or concentrated runoff onto adjacent property. 35 36 The applicant shall submit an erosion control plan. Utility services to the property shall be underground. No additional poles shall be set.