R 3620
RESOLUTION NO. 3620
A RESOLUTION OF THE CITY OF ARROYO GRANDE CITY
COUNCIL APPROVING VARIANCE CASE NO. 02-G04 TO
DEVIATE FROM DEVELOPMENT CODE REQUIREMENTS
FOR WALL HEIGHT, FRONT YARD SETBACK AND
BUILDING HEIGHT, LOCATED ON THE NORTHWEST
CORNER OF EAST GRAND AVENUE AND COURTLAND
STREET, APPLIED FOR BY LARRY PERSONS
WHEREAS. the applicant has filed for a Variance Case No. 02-004 to deviate from
Development Code standards for wall height. street side setback and building height for a
proposed mixed-use development located on the northwest comer of East Grand Avenue
and CourUand Street; and
WHEREAS, the City Council of the City of Arroyo Grande has held a public hearing on
Variance Case No. 02-004 in accordance with City Code; and
WHEREAS, the City Council finds that this project is consistent with the City's General
Plan and Development Code; and
WHEREAS, the City Council has determined that the following Variance findings can be
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 because of the te"acecl topography of the project site.
and the requirement that elevators be provided for adequate handicapped
accessibility.
2. 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 because the types of restrictions (e.g.
handicapped accessibility for senior housing) would not normally apply to other multi-
family residential developments in the vicinity.
3. The 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 because the topography of the site necessitates retaining wall
height, the provision of handicapped access requires encroachment in the front yard
setback, and the natural grade of the site as previously modified.
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
because of the unique character of the project and site topography.
RESOLUTION NO. 3620
PAGE 2
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 because
the overall project will be a benefit to the public welfare by facilitating the development
of a housing project that meets the special needs of a particular group.
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, particularly because of the
provision of affordable senior housing required as part of the Housing Element.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Vari8J1ce Case No. 02-004 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 Lubin, seconded by Council Member Dickens, and by the
following roll call vote, to wit:
AYES: Council Members Lubin, Dickens, Runels, Ferrara, and Mayor Lady
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 24th day of September 2002.
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RESOLUTION NO. 3620
PAGE 3
MICHAELA.~
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ATTEST: f
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RE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
. APPROVED AS TO CONTENT:
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N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
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RESOLUTION NO. 3620 I
PAGE 4 I
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EXHIBIT "A" I
CONDITIONS OF APPROVAL I
VARIANCE CASE NO. 02-004 I
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Applicant - Larry Persons ,
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Location - Northwest Comer of I
East Grand Avenue and Courtland Street
COMMUNITY DFVELOPMFNT DEPARTMENT
THIS APPROVAL AUTHORIZES:
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A. A deviation from Section 16.48.060 of the Development Code to allow an increase I
in retaining wall height up to eight feet (8') on the west side of the senior housing
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portion of the proposed development; I
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8. A deviation from Section 16.32.050 of the Development Code to allow the front I
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yard setback to deviate from 20' to 13'; and
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C. A deviation from Section 16.32.050 of the Development Code to allow a maximum I
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building height of 38 feet with 3-stories. I
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GENERAl CONDITIONS
1. The applicant shall ascertain and comply with all Federal, State, County and City I
requirements as are applicable to this project. !
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3. Development shall occur in substantial conformance with the plans presented to I
the City Council at the meeting of September 24,2002 and marked Exhibits "81"- i
"88" in the Resolution approving Amended Conditional Use Permit 02-003. I
5. The applicant shall agree to defend at his/her sole expense any action brought I
against the City, its present or former agents, officers, or employees because of I
the issuance of said approval, or in anyway relating to the implementation thereof, I
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.
nevelopment Cnde
6. Development shall conform to the Senior Housing (SR) zoning requirements
except as otherwise approved.
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RESOLUTION NO. 3620
OFFICIAL CERTIFICA nON
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, do
hereby certify under penalty of perjury, that Resolution No. 3620 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 September, 2002.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th
day of September, 2002.
Wu-
ORE, DIRECTOR OF ADMINISTRATIVE SERVICESl
DEPUTY CITY CLERK
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