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HomeMy WebLinkAboutResolutions 87-111 N.C.S. 04/20/1987,~ ~~~ ~~ "~ Resolution No. 87-11~ 1~1 C.S. of the Ci~ty of Petaluma, California A RESOLUTION DENYING AN APPEAL OF AN ADMINISTRATIVE DECISION TO GRANT A SUBDIVISION ORDINANCE MODIFICATION AND APPROVE A LOT LINE ADJUSTMENT BETWEEN TWO EXISTING LOTS AT 523 OAK STREET, AP NO's 6-201-15 and 23 WHEREAS, Dave Martin and Carol Papini applied for a Subdivision Ordinance Modification to allow a lot line adjustment to create an access strip to the presently land-locked existing lot behind 523 Oak Street; and WHEREAS, upon required notification, Russell W, and Joan M. Gordier, neighbors, appealed the intended administrative decision to grant the Subdivision Ordinance Modification, and to approve the aforementioned lot line adjustment; and WHEREAS, the City Planning Commission has reviewed the appeal and proposed 5ubdivision Ordinance Modifications; and WHEREAS, the Planning Commission has held a public hearing on the matter at their meeting of March 24, 1987; and WHEREAS, the Planning Commission has recommended that the City Council deny the appeal of 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 lot line - adjustment; NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council hereby denies the appeal of the administrative decision in the matter and grants a a~s. No......_ .. ... ;v.cs 87=TIT Subdivision Ordinance Modification to allow a substandard width and overstandard length access str.ip to provide access to the presently landlocked lot, Assessor's Parcel Number 6=201-15 behind 523 Oak Street, Assessor's Parcel Number 6-201-23 based on the following findings and subject to the following conditions as recommended by the Planning Commis sion : Findings : l. There are special circumstances or conditions affecting the property in that this is an existing land-locked lot. 2. Modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner in that the total area of the two lots in question is 22, 400 sq. ft. (more than three times the minimum lot area for the zoning district, more than two times the minimum lot area for the slope of the lot under the Hillside Residential Overlay District) and in light of the fact that many of the surrounding lots are 8, 000 sq. ft. or less. This is true of five of the eight adjoining lots and that therefore development with a single-family house on each of the two lots in question is a substantial property right in this case . 3. Granting of the modification 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. ('~nn el itinn c • 1. Any house to be built on the rear lot shall be subject to review by the Histor.ic and CulturaT Preservation Committee. H& CP Committee is particularTy enjoined to insure that the design of the house is architecturally compatible with the neighborhood and that privacy of 87-111 NCS ~3 -, adjoining properties is protected to the extent possible through the use of screening vegetation or size and placement of windows or height and placement of buildings on the site as appropriate. Building envelope to be limited to northeast corner of site only and all trees to be preserved. 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 sewage and storm water runoff system shall be met. 4. Only gravity flow systems shall be permitted for sewage and storm water runoff. reso . martin . papini / reso7 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 Appro s to Council of the City of Petaluma at a(Regular) (A~~~pp¢0]~~K~i`0~ meeting °~ • _... on the -----20th._...._._. day of .............Apr~l....._.....__..._._..._..._......._, 19--•82, by the following vote: .. --••••-• • • -•-•••---...--•-...----• f y ttorney AYES: Davis, Sobel, Woolsey, Cavanagh, Balshaw, Vice Mayor Tencer, Mayor Hil~i~s NOES : 0 ABSENT: 0 ATTEST: .........--•-.....••-•••• -• .............••••.......:........_..._ ~...- ••••••--.......... City Clerk Council File .................................... CA 10-85 ~ Res. No..B.~.-1.1.1............ N.C:S.