PC R 02-1823RESOLUTION NO. 02-1823
A RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION APPROVING VARIANCE CASE
NO. 01-007 TO DEVIATE FROM DEVELOPMENT CODE
REQUIREMENTS FOR PARKING, WALL HEIGHT 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. 01-007 to deviate from
Development code standards for parking, wall height 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. 01-007 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.
RESOLUTION NO. 02-1823
PAGE 2 '
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Variance Case No. 01-007 with the above findings and
subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated
herein by this reference.
BE IT FURTHER RESOLVED that this approval is preliminary to City Council approval of
Development Code Amendment Case No. 01-004, and will become effective upon said
action.
On motion by Commissioner Brown, seconded by Commissioner Guthrie, and by the
following roll call vote, to wit:
AYES: Commissioner's Brown, Fowler, Guthrie, and Chair Costello
NOES: Commissioner Keen
ABSENT: None
The foregoing Resolution was adopted this 19th day of February, 2002.
ATTEST:
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Lyn Reardon-Smith, Commission Clerk
opment uirector
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Joeseph M. Costello, Chair
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AS TO CONTENT:
RESOLUTION NO. 02-1823
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE CASE NO. 01-007
Larry Persons
1524 & 1542 East Grand Avenue
COMMUNITY DEVELOPMENT DEPARTMENT
THIS APPROVAL AUTHORIZES:
A. A deviation from Section 16.56.060 of the Development Code to allow a reduction
of 48 parking spaces for the proposed senior housing component of the project;
B. 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; and
C. A deviation from Section 16.36.040 of the
building height of thirty-two feet (32') for
component of the project.
Development Code to allow a maximum
Building "B" of the proposed commercial
GENERAL CONDITIONS
1. 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 February 19, 2002 and marked
Exhibits "B1" —"613" in the Resolution approving Conditional Use Permit 01-014.
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.
Development Code
6. Development shall conform to the General Commercial (GC) and Senior Housing
(SR) zoning requirements except as otherwise approved.
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