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R 3169 .. ... RESOLUTION NO. 3169 A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING VARIANCE CASE NO. 96-195, APPLIED FOR BY RUSSELL AND PAMELA SHEPPEL AT 880 OAK PARK BOULEVARD WHEREAS, the City Council of the City of Arroyo Grande has considered Variance r Case No. 96-195, filed by Russell and Pamela Sheppel, to reduce the minimum lot width requirement for -Parcell from 100 feet to 70 feet. WHEREAS,. the City ~ouncil has held a public hearing on this application in accordance with City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the Environmental documents associated therewith; and WHEREAS, the City Council' has reviewed the draft negative declaration under the . provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council finds after due study, deliberation and public hearing, the following circumstances exist: 1. That the strict or literal interpretation and enforcement of the subject regulations would result in practical difficulty or unnecessary hardship not otherwise shared by others with the surrounding area. The width of Parcel 1 is an existing condition. Strict or literal interpretation and enforcement of the minimum lot width standards would result in the inability of the owners to create a viable individual parcel for an existing medical office building. This would result in a practical difficulty not otherwise shared by others with. the surrounding area. 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 location of the eastern property line of Parcel 1 is an existing condition. The width of Parcel 1 can not be increased without approval of a lot line adjustment between the applicant and the property owner to the east. 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. The reduction in minimum lot width for Parcell will allow the creation of a separate parcel for the existing medical office building. Without a variance from the minimum lot width standard, the appl icant will not enjoy the privileges of other property owners in the same zone. 4. That the granting of the variance will not constitute a grant of special privilege r inconsistent with the limitations on other properties classified in the same' zone. Other properties in the same zone, with the same development potential do not have the site design constraints of this property. Therefore, this Variance will not grant a special ....... privilege inconsistent with the limitations on other properties in the same zone. 5. That the granting of Variance Case No. 96-195 will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 6. That the granting of a Variance Case No. 96-195 is consistent with the objectives and policies of the General Plan and the intent of U1is Title. :. h ________~...... ..- -------__......'ff_""'-----:-:-:.--. - - ---.-..-----..................-...-------.-.-.-.-.-.--- Resolution No. 3169 .. .. Page 2 Department of FISh and Game Required Findings of Exemption: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Variance Case No. 96-195. 2. Based on the initial study, a negative declaration has been drafted for review by the public and the Planning Commission and review and approval by the City Council. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole the City Council adopted the negative declaration finding that there is no substantial evidence of any significant adverse effect, either individually or cumula- tively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of ~evelopment of this project. , NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts the negative declaration, instructs the Secretary to me a Notice of Determination, and approves said Variance Case No. 96-195, with the above fmdings and subject to the conditions as set forth in Attachment · A., attached hereto and incorporated herein by this reference. On motion of Council Member Souza , 5ej:onded by Council Member Lady , and by the following roll call vote, to wit: A YES: cquncil Members Souza, Lady, Fuller, and Mayor Dougall NOES: None ABSENT: Council Member Brandy the foregoing Resolution was adopted this 10trday of ATTEST: lI~a. ~ NAN~Y A. A VIS, CITY CLERK APPROVED AS TO CONTENT: " ~tLf~J L. ftu.~;-- . ROBERT L. HUNT, CITY MA...~AGER APPROVED AS TO FORM: . RESOLUTION NO. 3169 PAGE 3 OFFICIAL CERTIFICATION r I, NANCY A. DA VI S, Ci ty Cl erk of the Ci ty of Arroyo Grande, County t of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the foregoing Resolution No. 3169 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the lOth day of September, 1996. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 17th day of September, 1996. \. NANCY A. AVIS, CITY CLERK CITY OF ARROYO GRANDE r L ~......_.._~ ATTACHMENT "A" . ~ CONDITIONS OF APPROVAL Variance Case No. 96-195 880 Oak Park Boulevard GENERAL CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT - This approval authorizes the reduction in minimum lot width for Parcel 1 from 100 feet to 70 feet. 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 Conditional Use Permit Case No. 88-435, Amendment #2 and Tentative Parcel Map Case No. 96-530. 3. This application shall automatically expire on September 10, 1998 unless the final map for Tentative Parcel Map Case No. 96-530 is recorded or an extension is granted pursuant to Section 9-02. 140.C. of the Development Code. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of September 10, 1996 and marked Exhibit "A". 5. The applicant shall agree to defend at hislher 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 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. DEVELOPMENT CODE 6. Development shall conform with the PD 1.1 zoning requirements except as otherwise approved.