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PC R 02-1840RESOLUTION NO. 02-1840 'I�� �� 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: , � N REARDON-SMITH, COMMISSION CLERK AS TO CONTENT: ROB S"TRONG; COMMUNITY DEVELO ENT DIRECTOR ,� h EPH"M. COSTELLO,CHAIR � RESOLUTION NO. 02-1840 VARIANCE 02-002 PAGE30F4 EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE CASE NO. 02-002 Mary Myers Paseo Street • ►i ►� ► � • ' ►� ► � ' ! : ►� ► -■- ... .. 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. �- - ....-. ..- ..-..-r.. 4. Development shall conform to the Residential Agricultural (RA) zoning requirements except as otherwise approved. � •: � '�: ►� ► 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.