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R 4106RESOLUTION N0.4106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF ARCHITECTURAL REVIEW 07-007 AND APPROVING VARIANCE 08-002, APPLIED FOR BY BILL AND VIOLA COCKSHOTT, LOCATED AT THE SOUTHEAST CORNER OF WHITELEY AND IDE WHEREAS, the applicant has filed Architectural Review 07-007 to construct a new 2,795 square-foot, iwo-story, single-family home on a 6,996 square-foot lot located in the Village of Arroyo Grande at the southeast corner of Whiteley and Ide Streets; and WHEREAS, the applicant has filed Variance 08-002 to reduce the required street side yard setback from fifteen (15) feet to ten (10) feet, which is necessary in order to approve the proposed home; and WHEREAS, the Architectural Review Committee (ARC) has reviewed and recommended approval of Architectural Review 07-007; and WHEREAS, the Community Development Director has approved Architectural Review 07-007 with the recommendation of the ARC; and WHEREAS, the Planning Commission appealed the Community Development Directors approval of Architectural Review 07-007; and WHEREAS, the Planning Commission, after due study, deliberation and public hearing, denied the appeal and upheld the Community Development Director's approval of Architectural Review 07-007; and WHEREAS, the City Council has appealed the Planning Commission's approval of Architectural Review 07-007; and WHEREAS, the City Council, after due study, deliberation and public hearing, has found that the following circumstances exist: Architectural Review Findings: The proposal is consistent with the architectural guidelines of the City, or guidelines prepared for the area in which the project is located; The proposed home has been designed in the Spanish Eclectic architectural style and includes slow-pitched red file roof, stucco wall surface and asymmetrical fagade, which is consistent with the Design Guidelines for Historic Districts, as they apply to properties in the D-2.4 Overlay. RESOLUTION N0.4106 PAGE 2 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan and this title; The proposal is consistent with LU 2-4 of the Land Use Element, the stated goal of which is to `accommodate the development of urban, single-family residential units in areas designated as Single-Family Residential -Medium Density". 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project; The proposed home will not be detrimental to the health safety, comfort and general welfare of the persons residing in the neighborhood of the proposed project due to its consistency with both the development standards for the Single- Family (SF) zoning district and the Design Guidelines for Historic Districts. 4. The general appearance of the proposal is in keeping with the character of the neighborhood; Although the proposed home is relatively large based on lot coverage and floor area ratio (FAR), there are existing homes in the neighborhood that are comparable in size. The general appearance of the proposed home reflects elements of other homes in the neighborhood, including a prominent Spanish Eclectic home located on Whiteley Street, just north of the subject property. 5. The proposal is not detrimental to the orderly and harmonious development of the City; Although the proposed home has been designed to fully maximize development of anon-conforming lot, the home has also been designed to soften the mass and scale of the structure by breaking the structure down into several elements of varying heights and setbacks. Additionally, the architectural details of the proposed home are reflective of other homes in the area and the Spanish Eclectic architectural style in general. Therefore, the proposed home is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. The proposed home will not impair the desirability of investment or occupation in the neighborhood, but rather serve as an example of the goals and objectives of the Design Guidelines for Historic Districts, specifically the Spanish Eclectic architectural style as defined in the Guidelines. RESOLUTION N0.4106 PAGE 3 Variance Findings: 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; Strict enforcement of the required fifteen (15) foot street side yard setback would result in a practical difficulty not otherwise shared by other properties in the Single-Family (SF) D-2.4 zoning district within the surrounding area by requiring a narrower building footprint for the proposed single-family home that places more of the living space on the second-floor. 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 property is fifty-one (51) feet wide, whereas the minimum standard width for a lot in the Single-Family (SF) zoning district is seventy (70) feet wide. In general, properties in the Single-Family (SF) zoning district are nineteen (19) feet wider than the property involved and are more easily able to accommodate a fifteen (15) foot street side yard setback. 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; Based on a review of existing street side yard setbacks for non-conforming SF D-2.4 lots, the strict enforcement of the street side yard setback would deprive the applicant of the privilege of a lesser street side yard setback that is enjoyed by the owners of other non-conforming lots in the SF D-2.4 zoning district. There are four (4) other non-conforming lots with street side yard setbacks in the SF D- 2.4 zoning district; all four (4) have less than a fifteen (15) foot street side yard setback (three (3) are ten (10) feet or less). 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, as other non-conforming lots in the SF D-2.4 zoning district have been developed with less than a fifteen (15) foot street side yard setback; moreover, the majority of lots in the SF D-2.4 zoning district are wider than the subject property and can more easily accommodate a fifteen (15) foot side yard setback. RESOLUTION N0.4106 PAGE 4 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; Reducing the required street side yard setback will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity, as any structures built on the property will conform with all other applicable development standards and the City's sight distance requirements at the intersection of Whiteley and Ide Streets. 6. That the granting of a variance is consistent with the objectives and policies of the general plan and the intent of this title; The granting of the variance will allow the applicant to develop the property with a single-family home with a street side yard setback similar to other non- conforming lots in the SF D-2.4 zoning district. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies the appeal of the Planning Commission's approval of Architectural Review 07-007, and approves Architectural Review 07-007 and Variance 08-002, 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 Council Member Costello, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: Council Members Costello, Guthrie, Arnold, Fellows, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 24th June 2008. RESOLUTION NO. H!O!o PAGE 5 TONY FER ,MAYOR ATTEST: KELLY WET~iAOR~; CITY CLERK APPROVED AS TO CONTENT: ~ ~.~ S V ADAM ITY MANAGER APPROVED AS TO FORM: ~~~ , TIM THY RMEL, CITY ATTORNEY RESOLUTION NO. H ~ 0 (P PAGE 6 EXHIBIT "A" CONDITIONS OF APPROVAL ARCH 07-007 & VAR 08-002 SOUTHEAST CORNER OF WHITELEY & IDE This approval authorizes the construction of a new two-story, 2,795 square-foot single- family home on a 6,996 square-foot lot in the Village of Arroyo Grande and grants a variance to reduce the required street side yard setback from fifteen (15) feet to ten (10) feet. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS 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 Architectural Review 07-007 and Variance 08-002. 3. Development shall occur in substantial conformance with the plans approved by the City Council and on file with the Community Development Department. 4. Development shall conform to development standards for the Single-Family (SF) zoning district, unless otherwise approved. 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 shalt reimburse the City, its agents, officers, or employees, for any court costs and attorneys 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. ARCHITECTURAL REVIEW COMMITTEE SPECIAL CONDITIONS 6. Prior to issuance of a building permit, the applicant shall submit window details (inset depth) and a revised tower element subject to review by the Architectural Review Committee. ' 7. Prior to issuance of a building permit, the applicant shall revise the project plans to incorporate the accents into the courtyard wall. CITY COUNCIL SPECIAL CONDITIONS The laundry room shall be constructed as unconditioned space and considered as part of the garage. RESOLUTION NO. Hl0(P PAGE 7 9. The plans shall be revised to replace the single garage door with two (2) garage doors of a design consistent with the Spanish Eclectic architectural style. OFFICIAL CERTIFICATION 1, KELLY WETMORE, 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 attached Resolution No. 4106 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 24tH day of June 2008. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25~' day of June 2008. ~~ KELLY ET RE, CITY CLERK