PC R 03-1877RESOLUTION NO. 03-1877 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VARIANCE 03-002 LOCATED AT 159 PINE STREET APPLIED FOR BY KEITH SLOCUM WHEREAS, the applicant has filed Variance 03-002 to allow a deviation from the minimum lot depth required for the Single Family (SF) zone for a proposed rear lot at 159 Pine Street; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance 03-002 at a public hearing on June 17, 2003 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and Development Code; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the proposed project is categorically exempt under Section 15315 of the CEQA Guidelines; 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 specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area. 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. 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. 4. That 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. 5. That the granting of the variance will not be detrimental to the public health, RESOLUTION NO. 03-1877 PAGE 2 safety or welfare, or materially injurious to properties or improvements in the vicinity. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby Variance 03-002 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 Keen, seconded by Commissioner Arnold, and by the following roll call vote, to wit: AYES: Commissioners Keen, Arnold, Fowler and Chair Guthrie NOES: Commissioner Brown ABSENT: None the foregoing Resolution was adopted this 17t' day of June, 2003. ATTEST: 044y"7 LA REARDON-SMITH, AME G&HRIE, CHAIR COMMISSION CLERK AS TO CONTENT: ROB STRONG, COMMUNITY DEVELO NT DIRECTOR 1 1 C RESOLUTION NO. 03-1877 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE 03-002 159 PINE STREET GENERAL CONDITIONS: 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 03-002. 3. Development shall conform to the Single -Family (SF) zoning requirements except as otherwise approved. 4. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 1 1 1