PC R 02-1840RESOLUTION NO. 02-1840
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A RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION APPROVING VARIANCE CASE
NO. 02-002 TO DEVIATE FROM THE SIDE YARD
SETBACK AND SIDEWALK REQUIREMENTS OF THE
DEVELOPMENT CODE FOR A SINGLE FAMILY
RESIDENCE, LOCATED ON PASEO STREET, APPLIED FOR
BY MARY MYERS
WHEREAS, the applicant has filed for Variance Case No. 02-002 to deviate from
Development Code requirements for the 10-foot side yard setback and for installation
of a sidewalk for a single family residence located on Paseo Street; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public
hearing on Variance Case No. 02-002 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
The Planning Commission has approved a Variance because the following findings
were 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.
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Variance Case No. 02-002 with the above findings
and subject to the conditions as set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
RESOLUTION NO. 02-1840
VARIANCE 02-002
PAGE20F4
On motion by Commissioner Fowler, seconded by Commissioner Guthrie, and by the
following roll call vote, to wit:
AYES: Commissioner's Fowler, Guthrie, Keen and Chair Costello
NOES: Commissioner Brown
ABSENT: None
The foregoing Resolution was adopted this 2" day of July 2002.
ATTEST:
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N REARDON-SMITH,
COMMISSION CLERK
AS TO CONTENT:
ROB S"TRONG;
COMMUNITY DEVELO ENT DIRECTOR
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EPH"M. COSTELLO,CHAIR
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RESOLUTION NO. 02-1840
VARIANCE 02-002
PAGE30F4
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE CASE NO. 02-002
Mary Myers
Paseo Street
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This approval authorizes a deviation from the ten-foot (10') side yard setback and
sidewalk installation requirements of the Development Code.
1. The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
2. Development shall occur in substantial conformance with the plans presented
to the Planning Commission at the meeting of July 2, 2002 and marked
Exhibits "B1 " - "B5".
3. 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.
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4. Development shall conform to the Residential Agricultural (RA) zoning
requirements except as otherwise approved.
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5. Fees - The applicant shall pay all applicable City fees at the time they are due.
6. Site Maintenance - The developer shall be responsible during construction for
cleaning City streets, curbs, gutters and sidewalks of dirt tracked from the
project site. The flushing of dirt or debris to storm drain or sanitary sewer
facilities shall not be permitted. The cleaning shall be done after each day's
work or as directed by the Director of Public Works or the Community
Development Director.
RESOLUTION NO. 02-1840
VARIANCE 02-002
PAGE40F4
7. Grading Plan - Prior to the start of any grading operations, a grading, drainage,
and erosion control plan shall be submitted to the Building Department, and
approved. The erosion control plan may include on and off-site measures to
reduce erosion into Tally Ho Creek as determined based on the design
submitted to the City for Review.
8. Encroachment Permits - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
9. Grading - All grading shall be done in accordance with the City Grading
Ordinance.
10. Curb and Gutter - The applicant shall install City standard curb and gutter
along the portion of Paseo Street which is City right of way. The end of the
new curb and gutter shall tie into the existing AC curb. The design for the
curb and gutter is subject to the approval of he Director of Public Works.
11. Sidewalk Termination - The applicant shall install a ramp at the end of the
sidewalk to allow for a smooth pedestrian transition from the dead end
sidewalk. The design of the transition ramp shall be subject to the approval by
the City.