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PC R 08-2053RESOLUTION NO. NO. 08-2053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DENIAL OF MINOR EXCEPTION 07-012, APPLIED FOR BY JAMES ADAIR, LOCATED AT 131 EAST GRAND AVENUE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an appeal of the Community Development Director's denial of Minor Exception 07-012; and WHEREAS, the Planning Commission has held a public hearing on this appeal in accordance with City Code; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Minor Exception Findings: There are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. The intended use of the property is as a single-family home; however, there is a � history of the home being rented fo individuals on a per bedroom basis, which has caused a greater parking demand than is expected in the Single-Family (SF) zoning district. While on-street parking is generally available in other areas zoned Single-Family (SF), there is no opportunity for o-street parking on East Cherry Avenue. Therefore the exceptional circumstances applicable fo this property would seem to warrant an increase in parking, not a reduction as requested. The granting of the minor use permit for minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the Single-Family (SF) zoning district and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. While the granting of the minor exception will not constitute a grant of special privilege, as other properties will un-permitted garage conversions have been granted parking exceptions, the granting of the minor exception in this case may be detrimental to the public health, safety or welfare, and may a/so be materially injurious to properties and improvements in the vicinity. Specifically, there is evidence of the `stem' portion of the lot, which serves as a fire lane, being used for parking (reference aerial phofography from 2002 and 2007). Additionally, the Arroyo Grande Police Departmenf has responded to forty-one (41) calls involving this property over a three (3) year period. PLANNING COMMISSION RESOLUTION NO. 08-2053 MEX 07-012 APPEAL JANUARY 15, 2008 PAGE 2 of 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby denies the appeal of the Community Development Director's denial of Minor Exception 07-012, based on the above findings. On motion by Chair Ray, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Chair Ray, Commissioner Keen, Barneich and Tait NOES: None ABSENT: Commissioner Marshall the foregoing Resolution was adopted this 15 day of January, 2008. ATTEST: �1��� L N REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO CONTENT: ROB S� RONG, COMMUNITY DEVEL PMENT DIRECTOR � CAREN RAY, R