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PC R 02-1850RESOLUTION NO. 02-1850 A RESOLUTION OF THE CITY OF ARROYO GRANDE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE VARIANCE CASE NO. 02-004 TO DEVIATE FROM DEVELOPMENT CODE REQUIREMENTS FOR WALL HEIGHT, FRONT YARD SETBACK AND BUILDING HEIGHT, LOCATED ON THE NORTHWEST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET, APPLIED FOR BY LARRY PERSONS WHEREAS, the applicant has filed for a Variance Case No. 02-004 to deviate from Development code standards for wall height, street side setback and building height for a proposed mixed-use development located on the northwest corner of East Grand Avenue and Courtland Street; and WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public hearing on Variance Case No. 02-004 in accordance with City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan and Development Code; and WHEREAS, the Planning Commission has determined that the following Variance findings can be made in an affirmative manner: 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, 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. RESOLUTION NO. 02-1850 VARIANCE CASE NO. 02-004 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Variance Case No. 02- 004 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 Keen, and by the following roll call vote, to wit: AYES: Commissioners Brown, Keen, Fowler, Guthrie and Chair Costello NOES: None ABSENT: None The foregoing Resolution was adopted this 3`� day of September, 2002. ATTEST: h � `� LY REARDON-SMITH, COMMISSION CLERK ` � - C� P M. COSTELLO, CHAIR � AS TO CONTENT: ROB STRONG, �� COMMUNITY DEVELOPfVIE DIRECTOR RESOLUTION NO. 02-1850 VARIANCE CASE NO. 02-004 PAG E 3 � �' EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE CASE NO. 02-004 Larry Persons 1530 East Grand Avenue • ►� ►i ► � • ' �i ► � ' � : ►� ► THIS APPROVAL AUTHORIZES: A. A deviation from Section 16.48.060 of the Development Code to allow an increase in retaining wall height up to eight feet (8') on the west side of the senior housing portion of the proposed development; B. A deviation from Section 16.32.050 of the Development Code to allow the front yard setback to deviate from 20' to 13'; and C. A deviation from Section 16.32.050 of the Development Code to allow a maximum building height of 40' with 3-stories. ► :_ •►� •► The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of September 3, 2002 and marked Exhibits "B1" —"B8" in the Resolution approving Conditional Use Permit 02-003. 5. 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. �- -.•��-� ..- 6. Development shall conform to the General Commercial (GC) and Senior Housing (SR) zoning requirements except as otherwise approved.