Loading...
R 2433 , I RESOLU'l'Iaf NO. 2433 A RESOLUTIaf OF 'l'HE CI'lY amfCIL OF 'l'HE cm OF ARROro GRANDE UPHOLDING 'l'HE PLMNING aHUSSIaf'S DI!1UAL OF CDIDITICIiAL USE PmMIT CASE NO. 90-478, APPLIm.PCR BY .DIMES P. 00I.'SCtI , 801 :mmsRA ROIID, TO LI!GITIMIZE A PARTIALLY CUfSTRUCTED 630 sr;JJARE PCar SI!XDfD RFSIII!Bl'IAL UNIT AND FARM OFFICE ATOP A GImJ!GE r WHEREAS, the City CoImcil of the City of Arroyo Grande has CCWJidered an appeal by James P. Dotson to legitimize a partially ccmstructed 630 square foot second residential unit and farm office atop a garage at 801 Huasna Road in the RA-B3 zone; and - ~, the Planning Camlission denied the Conditional Use Permit upon finding, after due study, deliberation and public hearing, that the following circunstances exist: 1- Building of the proposed use was ccmnenced without a building permit and without a Conditional Use Permit in violation of the City's Municipal code and in violation of the Uniform Building code, 2. If the appropriate permits had been applied for as required by law, the project would have been conditioned to require placement in a different location to allow the applicant full ~ of his property but still respect the views of existing develoPment. 3. Applicant is not precluded fran applying for this use in a better location on his property. 4. The proposed use is not consistent wi th Pol icy 7,2 of the General plan Land Use Element because it does not respect views of existing development. In particular, Implementation Actions (d) of Policy 7.2 require that new developments be designed so as to respect the views of existing development, If the project had been reviewed prior to construction, alternative locations on the 8 acre site would have been reviewed in order to carply with the provisions of the General Plan, 5, The proposed use will have an adverse effect on the use of surrol.mding property because of the reduction of views. ~, James P. Dotson has appealed the Planning Camlission's decision to the City Council; and " ~, the City CoImcil of the City of Arroyo Grande has held the required public hearing regarding the appeal on Decenber 11, 1990; and WHEREAS, the City Council found, after due study, deliberation and public hearing that the findings made by the Planning Camlission were appropriate, NtW, .~~, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby upholds the Planning Camlission's denial of said Conditional Use Permit Case No. 90-478. BE IT ALSO RESOLVED that the City CoImcil of the City of Arroyo Grande hereby directs and orders the applicant to remove the offending structure inmediately. --- - .-- ---_._~--- -.-- -- ---- ---- - I RESOIDrIOO NO. 90-2433 OONDITIamL USE PEBUT CASE NO. 90-478 JAMES P. 00l'SCI{, 801 HtJASNA ROAD I>ECEMBER 11, 1990 PAGE '.lWO On motion by Comcil Member Dougall, seconded by Comcil Member Olsen, and by the following roll call vote, to wit: " \ I AYES : Comcil Members Dougall, Olsen, Smith, Moots and Mayor Millis NOES : None ABSENl' : None the foregoing Resolution was adopted this 11th day of December, 1990. J ArrtSl' : ~a.~ NANCY' A. ~IS, CITY CLERK APPROVED AS TO FORM: ~\I~ ~~ -- SKoosm~ A'M'ORNEY I , , i ! I ! ! ....J