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R 2991 RESOLUTION NO. 299 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF REVISED VIEWSHED REVIEW CASE NO. 92-39, APPLIED FOR BY JIM AND CHRISTY HOXTER, FOR A SECOND STORY ADDITION TO A SINGLE FAMILY RESIDENCE, LOCATED AT 213 FAIRVIEW DRIVE, AND DENYING THE APPEAL OF THE ABOVE DECISIONS WHEREAS, the City 01 Arroyo Grande has received an application Irom Jim and Christy Hoxter to construct a second story addition to a single lamlly residence at 213 Falrvlew Drive In the SF, Single Family zone; and WHEREAS, the Planning Commission 01 the City 01 Arroyo Grande held a duly noticed public hearing on the project on May 4, 1993; and WHEREAS, after due study, deliberation and public hearing, the Planning Commission approved the application lor Revised Vlewshed Review Case No. 92-39 based on the lollowlng Ilndlngs ollact: 1. The proposed structure Is consistent with the Intent 01 Section 9-03.130 01 the Development Code. 2. The proposed structure Is consistent with the established scale and character 01 the neighborhood because the surrounding neighborhood consists 01 both low profile, single story homes as well as two story homes. The proposed structure will not unreasonably or unnecessarily affect views 01 surrounding properties. 3. The proposed structure will not unreasonably or unnecessarily Interfere with the scenic view Irom any other property, judged In light 01 permitting reasonable use and development on the property on which the proposed structure or expansion Is to occur because all available measures have been taken to reduce Impacts on views and the loss 01 views resulting Irom development 01 this project will be minimal; and WHEREAS, an appeal 01 the Planning Commission's decision was Iiled on May 21, 1993 by Ruth Brockway; and WHEREAS, the Arroyo Grande City Council held a duly noticed public hearing on the aforementioned appeal on June 22, 1993, at which time all Interested persons were given the opportunity to be heard; and WHEREAS, after due study, deliberation and public hearing, the City Counclllinds that the findings ollact made by the Planning Commission were appropriate. NOW, THEREFORE, BE IT RESOLVED that based on the above Inlormation, the City Council 01 the City 01 Arroyo Grande hereby denies the appeal 01 Revised Vlewshed Review Case No. 92-39 and upholds the Planning Commission's approval subject to lollowlng conditions 01 approval: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. Development shall occur In substantial conlormance with the plans presented to the Planning Commission at the meeting 01 May 4, 1993 and the City Council at the meeting 01 June 22,1993; and marked "Exhibit A". 3. The applicant shall agree to delend at his/her sole expense any action brought against the City, Its agents, officers, or employees because 01 the Issuance 01 said approval, or In the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, lor any court costs and attorney's lee's-whlch the City, Its agents, officers or employees may be required by a court to pay as a result 01 such action. The City may, at its sole discretion, participate at its own expense in the defense 01 any such action but such participation shall not relieve applicant 01 his/her obligations under this condition. Resolution No.2 9 91 Vlewshed Review Case No. 92-39 213 Falrvlew Drive June 22, 1993 Page Two Planning Department Conditions 4. Development shall conform with the SF zoning requirements unless otherwise approved. 5. Prior to Issuance of building permits, the applicant shall remove the two existing eucalyptus trees In the front yard. On motion of Council MemberSouza, seconded by Council MembefBrandy, and by the following 'roll call vote, to wit: A YES: Council Members Souza and Brandy and Mayor Gallagher NOES: Council Member Moots ABSENT: Council Member Burke the foregoing Resolution was adopted this 22nd day of June, 1993. r ATTEST: ~a.~ NANCY A. VIS, CITY CLERK APPROVED AS TO FORM: ROG~TTORNEY I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2991 , is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 22nd day of June, 1993. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of June, 1993. ~a.~ CITY C