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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 � '� �__ J 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. �