PC R 01-1785�
RESOLUTION NO. 01-1785
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITH COUNCIL
APPROVE VARIANCE CASE NO. 01-001, LOCATED ON THE
NORTHWEST CORNER OF CAMINO MERCADO AND WEST BRANCH
STREET, APPLIED FOR BY STEPHEN COOL AND GARY WHITE
WHEREAS, the applicants, Stephen Cool and Gary White, have filed Variance Case
No. 01-001 to allow a deviation from the six foot (6') maximum wall height to allow
up to a fourteen-foot (14') wall height; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 01-001 at a public hearing on April 17, 2001 in accordance with
the Development Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission has fou
the General Plan and the Development Code,�
WHEREAS, the Planning Comi
of the California Environment
project is exempt from review
t this project is consistent with
bd therewith; and
is project under the provisions
and has determined that the
Section 15305; and
WHEREAS, the Planning Commis� finds, after due study, deliberation and public
hearing, the following findings can be made in the affirmative:
Variance Findinas
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 because a strict interpretation of
the Development Code does not take into consideration the sloping topography
of the project site.
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.
Specifically, the project site rises considerably from West Branch Street and
requires a retaining wall to hold back the slope for any development on the
property. A combination retaining wall and railing is necessary for safety
purposes along the access driveway. Complying with the maximum six-foot
(6') height limit would require excessive grading and oak tree removal.
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 because other surrounding property
owners have combination wall/fences of similar heights.
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
Resolution No. 01-1785
Variance Case No. 01-001
Page 2 of 3
because surrounding properties have wall/fences of similar heights.
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 recommends that the City Council approve Variance Case No.
01-001, with the above findings and subject to the conditions as set forth in Exhibit
"A", attached hereto and incorporated herein by this reference.
On motion by Commissioner
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
seconded by Commissioner
the foregoing Resolution was adopted ' 17 "day of April, 2001.
ATTEST: �
Kathleen Fryer, Commission Joseph M. Costello, Chair
AS TO CONTENT:
Kerry McCants
Community Development Director
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Resolution No. 01-1785
Variance Case No. 01-001
Page 3 of 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE CASE NO. 01-001
APPLIED FOR BY STEPHEN COOL AND GARY WHITE
LOCATED ON THE NORTHWEST CORNER OF CAMINO MERCADO
AND WEST BRANCH STREET
COMMUNITY DEVELOPMENT DEPARTMENT
General Conditions
This approval authorizes a deviation from the 6' maximum wall height to allow up to
a 14' wall height for the wall located along the north (rear) property line and up to a
13'-6" wall height for the wall located along the south (front) property line.
1. The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
2. The applicant shall comply with a co � itions of approval for Conditional Use
Permit Case No. 99-013 and Var ase No. 01-001 .
3. this application shall autom ' expire on (date of citv counc�� approval)
unless a building permit is Thirty (30) days prior to the expiration of
the approval, the applicar��� Pply fo�, an extension of one (1) year from the
original date of expiratic�.
4. development shall occ� substantial conformance with the plans presented
to the City Council at the eeting of and marked Exhibit "B".
5. The applicant shall, as a condition of approval of this variance application,
defend, indemnify and hold harmless the City of Arroyo Grande, its present or
former agents, officers and employees from any-claim, action, or proceeding
against the City, its past or present agents, officers, or employees to attack,
set aside, void, or annul City's approval of this subdivision, which action is
brought within the time period provided for by law. This condition is subject
to the provisions of Government Code Section 66474.9, which are
incorporated by reference herein as though set forth in full.
Development Code
6. Development shall conform to the zoning requirements of the Highway Service
(H-S) District of the Oak Park Acres Planned Development (PD 1.1) except as
otherwise approved.
7. The developer shall comply with Development Code Chapter 9-14,
"Dedications, Fees and Reservations."
Special Condition
8. Prior to issuance of Building Permit, the applicant shall submit wall elevations
identifying surface materials for review and approval by the Community
Development Director.
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