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R 3745 RESOLUTION NO. 3745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF VARIANCE 04-002 AND APPROVING VARIANCE 04-002; PASEO STREET, LOT 24; APPLIED FOR BY SAMUEL GILSTRAP WHEREAS, the applicant has filed an appeal of the Planning Commission's denial of Variance 04-002 to deviate from the required front yard setback of twenty (20) feet for the RS zoning district to five (5) feet; and WHEREAS, the City Council of the City of Arroyo Grande has considered Variance 04- 002 at a public hearing on May 11, 2004 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the City Council found that this project is consistent with the City's General ! Plan, Development Code and the environmental documents associated therewith, and ! has determined that the project is categorically exempt under the provisions of the I California Environmental Quality Act (CEQA); and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following findings are 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. If required to provide a full twenty (20) foot front yard setback, the property owner would be required to perform extensive grading on a substandard lot. 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 lot in question differs from most lots in the Residentia/ Suburban (RS) zoning district in that it is steeply sloped, unusually small and narrow. 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. Other property owners in the Residential Suburban (RS) zoning district have built single-family residences that do not provide twenty (20) feet of parking in front of their garages. ..~.- .~------ - RESOLUTION NO. 3745 PAGE 2 of5 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. Granting of the variance will allow the property owner to develop the lot in question in a similar manner to other lots in the Residential Suburban (RS) 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. Deviation from the front yard setback would not affect the public health, safety or welfare, nor would it be materially injurious to other properties or improvements in the vicinity of the lot in question. Parking in the driveway apron will not block either the sidewalk, which ends at the apron, nor the on-street travellane. 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. The granting of the variance would allow the property owner to develop a single- family residence while minimizing the amount of grading required for development. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo I Grande hereby upholds the appeal of the Planning Commission's denial of Variance 04- 002 and approves Variance 04-002, 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 Lubin, and by the following roll call vote, to wit: AYES: Council Members Costello, Lubin, Runels, Dickens, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 11 th day of May, 2004. --_...._--~- ......- RESOLUTION NO. 3745 PAGE 3of5 -~~/ TONY M: E RARA, MAYOR ATTEST: ~ L!&40~ KELLY W TM, E, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: r~/~ ST EN ADAMS, CITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. PAGE 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE 04-002 PASEO STREET, LOT 24 This approval authorizes the construction of a single-family residence on Paseo Street Lot 24 with a five (5) foot front yard setback. COMMUNITY DEVELOPMENT DEPARTMENT 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 04-002. 3. This variance approval shall automatically expire on May 11, 2006 unless building permits are issued or an extension is granted pursuant to Section 16.12.140 of the Development Code. 4. Development shall conform to the Residential Suburban (RS) zoning requirements except as otherwise approved. 5. Provide a 20-foot wide pedestrian and bicycle path access easement coinciding with the 20-foot wide private driveway portion of Paseo Street. BUILDING DEPARTMENT 6. The residence on Paseo Street, Lot 24 shall be sprinklered (this will also be a requirement for any future residences on Lots 19 - 23). PUBLIC WORKS DEPARTMENT 7. Install curb, gutter and sidewalk across Paseo Street public frontage. 8. Install a water line, laterals and fire hydrant in accordance with all applicable City standards. 9. Provide an easement to the City for the maintenance of the water line after construction. 10. Extend a sewer main and all necessary manholes from the existing manhole adjacent to Lot 18. 11. Provide an easement to the City for the maintenance of the sewer line after construction. 12. Install all new utilities to the site underground. 13. Prior to construction, the applicant shall submit plans to the Public Works Department for review and approval. RESOLUTION NO. PAGE 50f5 14. Final plans for approval shall be on Mylar. 15. The applicant shall supply the Public Works Department with three (3) copies of the approved plans and electronically in AutoCAD format on CD. 16. Prior to acceptance of the improvements by the City, the applicant shall submit record (as-built) drawings to the Public Works Department on Mylar and electronically in AutoCAD format on CD. 17. The applicant shall submit a cost estimate of the improvements prepared by a licensed engineer for review and approval. 18. The applicant shall pay the following fees, based on an approved estimate of the construction costs: a. Plan Check Fee b. Inspection Fee 19. Provide the following bonds prior to plan approval (% of approved estimate plus contingency, administrative and inflation): a. Faithful Performance (100%) b. Labor and Materials (50%) c. Warranty (10%) i. The warranty bond shall be submitted prior to the City accepting the improvements and shall be valid for a period of one (1) year after acceptance of the improvements. RESOLUTION NO. 3745 OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3745 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 11 thday of May, 2004. I , i WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of May, 2004. ~t8U- ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK