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PC R 10-2113 RESOLUTION NO. 10-2113 . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VARIANCE CASE NO. 10-001; 588 HILLSIDE COURT; APPLIED FOR BY COKER ELLSWORTH WHEREAS, one undeveloped lot remains in Tract 2217; and WHEREAS, due ta adopted creek protection regulations adopted since the Tract was approved and developed, the parcel is subject to a 25 foot creek setback; and WHEREAS, in an effort to build a house similar in character and size to the existing neighborhood, the applicant is requesting a variance from the front yard setback and minimurn driveway length; and WHEREAS, the proposed structure including the reduced setback and driveway length was reviewed and supported by the homeowners association; and � WHEREAS, the proposed structure including the reduced setback and driveway length was reviewed and positively recommended for approval by the Architectural Review Committee; and - WHEREAS, on October 19, 2010, the Planning Commission reviewed the project at a duly noticed public hearing;-and WHEREAS, the Planning Commission finds 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, the following circumstances exist: FINDINGS FOR APPROVAL 1. That 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; Enforcement of the front yard setback and minimum driveway length would require the applicant to build a home substantially smaller than those existing in fhe neighborhood. . . 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; � I The property is a comer lot and is adjacent to a creek/drainage channel which requires a 25 foot setback from the edge of riparian habitat or top of bank, whichever is further. These circumstances dramatically reduce the developable area of the parcel. RESOLUTION NO. 10-2113 PAG E 2 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other � prope�ties classified in the same zone; Due to the specific setback and driveway length regulations applicable to fhis parcel, the applicant would be deprived of building a house that � is similar in size and scale to those in the existing neighborhood. � 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 I zone; The granting of the variance would nof constitute a grant of special privilege due to the fact that fhe parcel in question is affected by site specific anomalies not encountered by other properties and the project, as conditioned, will result in a house equal in size and amenities to other houses in the neighborhood. 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 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 since the project, as conditioned, will result in a house � with a 25'creek setback that is equal in size and amenities of other houses in the neighborhood. 6. That the granting of a variance is consistent with the objectives and policies of the general plan and the intent of this title; That the granting of a variance is consistent with the objectives and policies of the general plan and the intent of this title by allowing fhe � development of a single family structure fhat is consistent with the mass and sca/e of homes in the existing neighborhood. 7. 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. The granting of fhe 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 tra�c due to municipal code provisions and conditions of approval that ensure parking of vehicles in fhe garage or legally parked on the street. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves the construction of single family structure that varies RESOLUTION NO. 10-2113 PAG E 3 from the required front yard setback and minimum driveway length regulations with the , above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On a motion by Commissioner Barneich, seconded by Chair Brown, and by the following roll call vote to wit: AYES: Commissioners Barneich, Chair Brown, Martin and Ruth NOES: Commissioner Keen � ABSENT: None the foregoing Resolution was adopted this 19th day of October 2010. . . i � I RESOLUTION NO. 10-2113 � � PAGE 4 I I ATTEST: � . I � .(,t.�C,�J � .r�/� �,..Q� � DEBBIE WEICHINGER TIM BROWN, C AIR SECRETARY TO THE COMMISSION AS TO CONTENT: �_ /--�---� �`� � � TERESA NE CLISH DIRECTOR OF COMMUNITY DEVELOPMENT RESOLUTION NO. 10-2113 � PAGE 5 � EXHIBIT "A" I CONDITIONS OF APPROVAL VARIANCE CASE NO. 10-001 CONSTRUCTION OF A SINGLE FAMILY RESIDENCE THAT VARIES FROM THE FRONT YARD SETBACK AND MINIMUM DRIVEWAY LENGTH Conditions of Approval Planninq Division 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 Case No. 10-001. 3. This Variance shall automatically expire on October 19, 2012 unless a building permit is issued or an extension is granted pursuant to Section 16.12.140 of the Development Code. 4. Development shall occur in substantial conformance with the plans presented at � the Planning Commission on October 19, 2010 and marked "Attachment 1" on _ _ file in the Community Development Department. 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 pa�ticipation shall not relieve applicant of his/her obligations under this condition. 6. The applicant shall record a statement on the title of the property, to the satisfaction of the City Attorney and the Director of Community Development, � informing future owners of restrictions regarding parking cars in the driveway in such a manner as to block pedestrian traffic. 7. The applicant shall record a statement on the title of the property, to the satisfaction of the City Attorney and the Director of Community Development, informing future owners of landscape and development restrictions associated with the creek buffer. � Buildinq Division and Fire 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. RESOLUTION NO. 10-2113 PAGE 6 . Recreation and Maintenance Services I 9. Submit final landscape, tree planting and irrigation plans to the satisfaction of the Director of Recreation and Maintenance Services.