HomeMy WebLinkAboutResolutions 87-221 N.C.S. 07/20/1987~,.
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' FZesolution No.g~-aal NC.S.
of the City of Petaluma, California
A RESOLUTION DENYING AN APPEAL TO AN ADMINISTRATIVE
DECISION TO GRANT A SUBDIVISION ORDINANCE MODIFICATION
AND APPROVE A PARCEL MAP AT 28 EIGHTH STREET, AP NO. 008-171-43.
WHEREAS, Robert J. and Marjean ,McClure aped for a Subdivision
Ordinance Modification to allow a Parcel Map to create a lot from the large
vacant area to the rear of the existing residence at 28 Eighth Street; ~
WHEREAS, upon required notification, A. Richards and Donald A. Cosbin,
property owners within 300', appealed the intended administrative decision
to grant the Subdivision Ordinance Modification, and to approve the
aforementioned Parcel Map; and
WHEREAS, the City Planning Commission has reviewed the appeal and
proposed Subdivision Ordinance Modifications; and
WHEREAS, the Planning Commission has held a public hearing on the matter
at their meeting of June 23, 1987; and
WHEREAS, the Planning Commission has recommended that the City Council
deny the appeal of the administrative approval for the aforementioned
Subdivision Ordinance Modifications, based on three findings;
NOW, THEREFORE., BE IT RESOLVED that the City Council hereby finds
that lots which do not conform in all respects to current ordinance
standards with regard to minimum dimensions (widths and depth) are
common in this neighborhood which is also the case with the flag lot to be
created by this Parcel Map;
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council
hereby denies the appeal of the administrative decision in the matter and
Rcs. No. ....Q..!_~. 2.2.1.... N.C.S.
grants'. Subdivision Ordinance .Modifications to allow a substandard width and
overatandard length access strip., thereby creating a lot in the area to the
rear of Assessor's Parcel., Number 008-17T-43 known as 28 Eighth Street,
based on the following findings as recommended by the Planning
Commission
Findings
1. Special circumstances apply to this parcel as to depth. and area.
2. Modification is necessary for the- preservation and enjoyment of a
substantial property right of the petitioner in that the total area of
the lot in question. is approximately 14,.400 sq. ft. (more than three
times the minimum lot area for the zoning district) .
3. Granting of the modifications will not be detrimental to the public
welfare or safety or injurious to other property in the territory in
which said property is situated because that granting will be
conditional upon review of the design of any house to be built on the
property to insure protection of existing privacy and architectural
compatibility with the neighborhood.
NOW, THEREFORE, BE I'I' FURTHER RESOLVED, that the City Council
approves the Parcel :Map, as proposed, based on the above listed findings
and subject. to the following conditions:
Conditions
1. Any house to be .built on the rear lot shall be subject to review by the
Site Plan. and Architectural Review Committee. SPARC is particularly
enjoined to~ insure that the design of the house is architecturally
compatible with the nei'ghborh'ood and that privacy. of adjoining
properties :is protected to the extent possible through the use of
screening" vegetation,, fencing and 'size ,and„ placement of .windows °or
height and. placement. of bui-ldings on the' site asappropriate.
Reso. 87-22,1
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2. All requirements of the Fire Marshal with regard to access and/or
sprinkler system shall be met.
3. All requirements of the City Engineer with regard to utilities,
driveway/sidewalk repair and storm water runoff system shall be met.
4. Payment of Storm Drainage Impact .Fee shall be made prior to filing of
Parcel Map .
5. Payment of Park and Recreation Improvement Fee shall be made prior
to issuance of building permit.
6. School Facilities Fees to Petaluma School District shall be paid prior to
issuance of building permit.
reso . mcclure
RES07
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the roved as to
Council of the City of Petaluma at a (Regular) (A~jQK~g~~~{ meeting
on the ......2.Q.i;R~..-.... day of ..........................r.T.l].~..y....................._, 19..$.7., by the _..
following vote:
City Attorney
J
AYES: Sobel, Balshaw, Davis, Tencer, Vice Mayor Woolsey, M Hilligoss
NOES: Q -;.~`'~
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ABSENT: C va ' a ~~'
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ATTEST: .-.- -- • . /p~
City Clerk Mayor
Council. File........_-° .......................
CA 10-85 ~ Res. No.......$.7.-.2.2..1.. N.C.S.