PC R 01-1807RESOLUTION NO. 01-1807
A RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION APPROVING LOT LINE
ADJUSTMENT CASE NO. 01-005 AND VARIANCE CASE
NO. 01-003 FOR FOUR (4) LOTS, LOCATED ON PASEO
AND MCKINLEY STREETS, APPLIED FOR BY HANS AND
LORENE VANDERVEEN
WHEREAS, the applicant has filed for a Lot Line Adjustment Case No. 01-005 in
conjunction with a Variance Case No. 01-003 for four (4) lots located on Paseo and
McKinley Streets; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public
hearing on Lot Line Adjustment Case No. 01-005 and Variance Case No. 01-003 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 finds, after due study, deliberation and public
hearing that the lots were legally created and the following findings exist:
Findings Regarding Lot Line Adjustment
The Planning Commission has approved or conditionally approved a Lot Line
Adjustment that does not:
1. Create any new lots.
2. Include any lots or parcels created illegally.
3. Impair any existing access or create a need for access to any adjacent lots or
parcels.
4. Impair any existing easements or create a need for any new easements serving
adjacent lots or parcels.
5. Constitute poor land planning or undesirable lot configurations due to existing
environmental conditions or current zoning development standards.
6. Require substantial alteration of any existing improvements or create a need for
any new improvements.
7. Create a nonconforming lot in the development district, in which it exists, except
as allowed in Section 9-10.100 of the Development Code.
Variance
The Planning Commission has approved a Variance because the following findings
Resolution No. 01-1807
Lot Line Adjustment 01-005 & Variance 01-003
Page 2 of 4
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 Lot Line Adjustment Case No. 01-005 and Variance
Case No. 01-003 with the above findings and subject to the conditions as set forth in
Attachment "A", attached hereto and incorporated herein by this reference.
On motion by Commissioner Fowler, seconded by Commissioner Brown, and by the
following roll call vote, to wit:
AYES: Commissioners Brown, Fowler, Guthrie, Keen and Chair Costello
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 6th day of November 2001.
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Resolution No. 01-1807
Lot Line Adjustment 01-005 & Variance 01-003
Page 3 of 4
ATTEST:
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Lyn eardon-Smith, Commission Clerk Joe Costello, Chair
AS TO CONTENT:
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Rob Str ng �`�
Community Developmen Director
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Resolution No. 01-1807
Lot Line Adjustment 01-005 & Variance 01-003
Page 4 of 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT CASE NO. 01-005
AND VARIANCE CASE NO. 01-003
HANS AND LORENE VANDERVEEN
PASEO AND MCKINLEY STREETS
COMMUNITY DEVELOPMENT DEPARTMENT
General Conditions
This approval authorizes the reconfiguration of 4 existing lots.
1.
2.
3. This application shall automatically expire on November 6, 2003 unless a
Certificate of Compliance is recorded. Thirty (30) days prior to the expiration
of the approval, the applicant may apply for an extension of one (1) year from
the,original date of expiration.
4. Development shall occur in substantial conformance with the plans presented
to the Planning Commission at the meeting of November 6, 2001 and marked
Exhibit "B".
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.
The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
The applicant shall comply with all conditions of approval for Lot Line
Adjustment 01-005, and Variance 01-003.
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Development Code
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Development shall conform to the RS zoning requirements except as otherwise
approved.
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The lot line adjustment shall be finalized by recording the Certificate of
Compliance, and by subsequent deed transfers.