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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. '- � J Resolution No. 01-1807 Lot Line Adjustment 01-005 & Variance 01-003 Page 3 of 4 ATTEST: h � Lyn eardon-Smith, Commission Clerk Joe Costello, Chair AS TO CONTENT: , Rob Str ng �`� Community Developmen Director I � � 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. � � Development Code � Development shall conform to the RS zoning requirements except as otherwise approved. 7 The lot line adjustment shall be finalized by recording the Certificate of Compliance, and by subsequent deed transfers.