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PC R 11-2137 RESOLUTION NO. 11-2137 � � A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VARIANCE 11-� . � 001; 785 EASY STREET; APPLIED FOR BY GLEN � ' � BURGESS AND SUSAN ABUNDIS . WHEREAS, the applicant has filed Variance 11-001 to deviate from the required side yard setback for a single-story home in the Residential Estate (RE) zoning district at 785 Easy Street; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered � Variance 11-001 at a public hearing on August 2, 2011 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code and the�environmental documents associated therewith, and has determined that the project is categorically exempt under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings are 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; , � Strict interpretation of the required 30 foot side yard setbacks would � � � : � � require a nar�ower building footprint, more intrusive grading and � � excessive stepping of the building floor plan to accommodate a � . � reasonable sized residence given the slope contours. This would �esult in a practical difficulty and unnecessary hardship, not otherwise shared � by othe� properties in the Residential Estate zoning district, as the � majority of lots in the neighborhood are typically/a�ger and wider; and 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; The majority of p�operties in the Residential Estate zoning district are la�ger and wider making it easier to comply with the required 30 foot side ya�d setbacks. The subject property is na�row in comparison to surrounding properties (100 feet compa�ed to the 200 foot standardl and is /ocated on a significant slope (approximately 18%1. Strict � interpretation of the required 30 foot side yard setbacks would require a I � nar�ower building footprint, more intrusive grading, and excessive , stepping of the bui/ding floor plan to accommodate a reasonable sized �esidence given the slope contours; and RESOLUTION NO. 11-2137 AUGUST 2, 2011 � � . � �PAGE�2�of 6 � r I - � 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; � � The majority of properties in the Residential Estate zoning district a�e larger and wide� making it easier to comply with the required 30 foot side yard setbacks. Owners of adjacent properties in the Residential Estate zoning district have been able to build single family residences in the approximate range of 1,344 - 4,430 square-feet and meet the � required side yard setbacks; and 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; . The granting of the Variance will not constitute a grant of special privilege due to the fact that standard properties in the Residential Estate zoning district are wider than the subject property and can more . easi/y accommodate a 30 foot side yard setback. Strict interpretation of the required 30 foot side yard setbacks would require a narrower building footp�int, mo�e intrusive grading and excessive stepping of the �. � . � bui/ding floor plan to accommodate a reasonab/e sized residence given � ' � . the slope contours; and � 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; The g�anting of this Va�iance, as conditioned, will allow a single-story � - . � _ residence to be built 10 feet into the required 30 foot side yard � � setbacks, resulting in side yard setbacks of 20 feet. This wi/l not be � detrimental to the pub/ic health, safety or welfare o� materially injurious to properties or improvements in the vicinity as other nea�by �esidences have been built within required setbacks; and � 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; ` The granting of this Variance wi/l allow a 3, 100 square-foot single-story � residence to be built on a 43,022 square-foot vacant lot in an area designated Very Low Density Single Family Residential in the Gene�al Plan and maintains consistency with po/icies in the General Plan including Policies LU2-1, LU12-3 and LU12-9. Additionally, the p�ojeci meets Deve%pment Code standards for required front and rear yard setbacks and /ot coverage standards fo� the Residentia/ Estate zoning district; and � RESOLUTION�I�O. 11-2137 � � � AUGUST Z, 2011 � � � . PAGE 3 of 6 � � � � . . I7. The granting of the requested variance will not result in the parking of � vehicles on public streets in such a manner as to interfere with the free flow of traffic; � . A/l residences in the Residential Estate zoning district are �equired to � provide two off-st�eet parking spaces in the fo�m of a two car garage; � the applicant proposes to provide four spaces within an enc%sed ga�age. Due to the fact that Easy Street is a private d�ive with no available on-street parking, the p�oject will be conditioned to provide � two accessible off-st�eet guest parking spaces on-site. � NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of , � � Arroyo Grande hereby approves Variance 1 1-001 , 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 Sperow, seconded by Commissioner Martin, and by the following roll call vote, to wit: . � �AYES: Commissioners Sperow, Martin and Chair Ruth � ( : NOES: � None � � ABSENT: Commissioners Barneich and Keen i � the foregoing Resolution was adopted this 2"d day of August, 201 1 . � . ATTEST: � � � (�?��.,G�.�:v l,J..e,c,c,r�,�.QQ.� � �DEBBIE WEICHINGER LI BETH RUTH, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: � � � � . . TERESA McC ISH DIRECTOR OF COMMUNITY DE�,�E���u�tlENT I � � . i . � . RESOLUTION NO.�11-2137 AUGUST 2, 2011 � : � PAGE 4'of 6 � EXHIBIT °A" CONDITIONS OF APPROVAL VARIANCE 11-001 785 EASY STREET COMMUNITY DEVELOPMENT DEPARTMENT . 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 all conditions of approval for Variance 11-001 . 3. � This variance approval shall automatically expire on August 2, 2013 unless building permits are issued or an extension is granted pursuant to Section 16.12.140 of the Development Code. � 4. 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. � � _ � 5. Development shall conform to the Residential Estate (RE) zoning �. � requirements except as follows: Side Yard Setbacks - no less than twenty (20) feet. : � . 6. Any changes to the site plans and elevations dated June 17, 2011 and on . file in the Community Development Department shall be considered by the Architectural Review Committee for recommendation to the Director of �Community Development prior to the issuance of a building permit. 7. The applicant shall provide two (2) off-street guest parking spaces on-site in a location outside the private road easement. BUILDING DEPARTMENT BUILDING CODES . 8. The project shall comply with the most recent editions of all California � Building and Fire Codes, as adopted by the City of Arroyo Grande. � FIRELANES 9. All fire Ianes must be.�posted and enforced, per Police Department and Fire - Department guidelines. The applicant shall maintain Fire Department access � of 20 feet from Printz Road to the property line and stripe/sign a 20 foot wide fire �ane clearly marked for the entire frontage of the property. �; . . RESOLUTION NO. 11-2137 : AUGUST 2, 2011 . PAGE 5 of 6 FIRE FLOW/FIRE HYDRANTS 10. Project shall have a fire flow based on the California Fire Code appendix III-A. . : 11 . Prior to combustible materials being placed on site, fire hydrants shall be � � installed per Fire Department and Public Works Department Standards. 12. � Provide water supply for firefighting purposes. � FIRE SPRINKLERS � � 13. Prior to occupancy, all buildings must be fully sprinklered per Building and . Fire Department guidelines: . . : �14. Provide. Fire Department approved access or sprinkler-system per National � ' . � Fire Protection Association Standards. � � � � . �ABANDONMENT/NON-CONFORMING � � � 15. Prior to map recordation, issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all � � . �non-conforming items such as septic tanks, wells, underground piping and � � . other undesirable conditions. DEMOLITION PERMIT 16. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. Development fees resulting from demolition will be � appropriately credited to the property. � OTHER APPROVALS = 17. Project must comply with Federal and local flood management policies. 18. Any review costs generated by outside consultants shall be paid by the � applicant. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT � � � � 19. � .Water Meter, service main, distribution, and availability fees, to be based on � � � . � codes and rates in effect at the time of building permit issuance. � � �20. Water Neutralization fee, to be based on codes and rates in�effect at the time � � � �of building permit issuance. _ � . , 21 . Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. . , . . 22. Sewer hook-up & facility Permit fees, to be based on codes and rates in � RESOLUTION NO. 11-2137 AUGUST 2, 2011 PAGE 6 of 6 � � � effect at the time of building permit issuance. 23. Drainage fee, as required by the area drainage plan for the area being developed. � 24. Building Permit fees, to be based on codes and rates in effect at the tirne of �building permit issuance. � 25. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. � 26. Park Development fee, to be based on codes and rates in effect at the time � � � of building permit issuance (Residential Development only). 27. Park Improvements fee, to be based on codes and rates in effect at the time : of�building �permit issuance (Residential Development only). � .28. Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance (Residential Development only). � 29. Community Centers fee,�to be based on codes and rates in effect at the time of building permit issuance (Residential Development only). 30. Fire Protection fee, to be based on codes and rates in effect at the tirne of , building permit issuance. 31 . Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. 32. Affordable Housing in lieu fee, as conditioned for this project. PUBLIC WORKS DEPARTMENT 33. The applicant shall comply with City ordinances and County Health � Department requirements for the installation of a private sewage disposal . system. . . � 34. The. applicant shall submit a grading plan prepared by a �licensed civil � � engineer. The plan shall address retention on-site of any additional runoff generated by development of the subject property; or providing drainage easements to accommodate additional or concentrated runoff onto adjacent . � .,� . , property. . � . 35. The applicant shall submit an erosion control plan. � 36. Utility services to the property shall be underground. No additional poles shall � be set.