Loading...
HomeMy WebLinkAboutResolutions 86-316 N.C.S. 12/01/1986 Resolution No. s6-316 N. C. s. of the City of Petaluma, California A RESOLUTION UPHOLDING AN APPEAL BY HAROLD & PATRICIA LIBBEY TO A PLANNING COMMISSION DECISION TO TJT'HOLD AN APPEAL FILED BY NEIGHBORS OF ADMINISTRATIVE APPROVAL OF A. PARCEL MAP, VARIANCE AND SUBDIVISIOI`1 ORDINANCE P~7ODIFICATION FOR ATWO-LOT SPLIT OF AN EXISTING LOT AT 651/653 CENTRAL AVENUE, A.P.. N:O. 006-141-25 AND APPROVING SAiD PARCEL MAP, GRANTING SAID VARIANCE AND SUBDIVISION ORDINANCE 1~iODIFICATION WHEREAS, Harold and .Patricia hbbey~ applied. for a variance to allow the creation of a sub-standard width lot, a stibdivisian modification to allow sub-standard width to a flag lot, and for approval. of a parcel map for a two-lot split of their existing lot at 651-653 Central Avenue; and WHEREAS, a group of neighbors appealed the intended. administrative decision to grant the variance' and subdivision ordinance modification and to approve the proposed parcel map; and WHEREAS the City Planning Commission reviewed the appeal ar_d the proposed parcel map together with the necessary variance and subdivision ordinance modification; and WHEREAS the Planning Commission has held a public hearing on the proposed parcel map, subdivision ordinance modification and. varianc e at their meeting of October 28, 1986; and WHEREAS the Planning Commission has upheld the appeal of the aforementioned variance and .parcel map and recommend ed to the City Council denial of the subdivision ordinance modificartion based on nine findings; and.. WHEREAS the Libbeys appealed the Planning Commission's decision. to the City Council; and WHEREAS the City Council has held a public meeting on the matter at the. meeting of December 1, 1986; NOW THEREFORE BE IT RESOLVED that the City Council hereby makes the additional findings that the proposed parcel map subdivision conforms to the applicable requirements of the subdvisionz ordinance and the zoning ordinance with the exception of. the requir.etnent for reduced r~idth of access strip to the flab; lot anal reduced width of the two lots; and NOW THEREFORE }E IT FURTHER RESOLVED that the Council hereby finds that lots which do not conform to current ordinance standar. ds in width. are common in this neighborhood; and NOW THEREFORE T3E IT FUP~THER RESOLVED that the Council hereby finds that the granting of the modification and variance will not be detrimental to the public ~aelfar. e or. safety or injurious to other property in the area in which said propert~r is located because the lot areas a.r..d building setbacks meet the zoning district minimums and because of the conditions set forth below and that the modification is necessary for the pr. enervation and enjoyment of substantial property rights of the petitioners so that they can create from their property two lots which meet the area requirements of the zone; NOW THEREFORE BE IT FURTHER RESOLVED that the City Council hereby upholds the appeal of the Planning Commission decision and. grants a variance and subdivision ordinance modification and approves a parcel map for a two lot subdivision of A.P. No. 006-141-25 located at 651-653 Central Avenue, subject to the following findings and conditions: Findings for the Variance: 1. That there are peculiar and unusual conditions inherent to the property in question sufficient to cause a hardship and that such conditions are not common to all or most of. the properties in the immediate area in that the ]ot is apre-existing "L" shaped lot with 50 foot width. 2. T hat a hardship peculiar to the property .not created by any act of the owner exists. In this context personal, family or financial difficulties, loss of prospective profits in neighboring violations are not hardships justifying a variance. The unusual "L" shape and dimensions of the property constitute this hardship. 3. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the vicinity and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors and that many of the bordering lots and a majority of the lots in the neighborhood do not conform to minimum standards of the current Zoning Ordinance with regard to lot width. 4. That the authorizing of such variance shall not be of substantial detriment to adjacent proper. ty and. will not materially impair the purposes of this ordinance or the public interest since the resulting lots meet the minimum lot areas and building setbacks of the zone and buildings urhen the site will be subject to SPAP.C. Findings for the Subdivision Ordinance Modification: 1. There are special circumstances or conditions affecting the property in that there is ar. ea sufficient to create t~=~o lots under the zoning .,=~: ` ~ "regulations, but the shape of -the lot ~ is such that a subdivision . ~ ordinance modification is-.required tq allow asub-standard width access strip to best utilize the available area. - 2. The rnodificatior.'~s necessary for the preservation and enjoyment of substantial property rights of the petitioner o that they can create . from their property, two lots which meet the area requirements of the zone. 3. Granting the modif-ication will not be detrimental to the public welfare or safety or injurious tq other property in. the territory in which said properts,~ is located because the lot areas and building setbacks meet the zoning district minirnums and because developments on the lot wi1T be subject to spare. Findings for the Parcel Map; 1. The parcel snap with the required subdivision. ordinance modification variance conform to the applicable requirements of the subdivision ordinance and the zoning ordinance,. Conditions for the Parcel .Map..: 1. Any house to be k~uilt on the proposed lots 1- and 2 shall be subject to SPARC. - 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 off-site storm drainage improvements shall be met prior to development of either lot. Street frontage improvements shall be to City-Engineering Department approval . 4. The lot line adjustmerit~ to widen by five; feet :the proposed -access strip to Lot No. 2 shall be recorded prior to approval of the parcel rnap. Under the. power and authority conferred upon this Council ,by the ChArter of, said City. ~` I hereby certify the foregoing Resolution was' introduced and adopted by the Approved as to • -- - orm .Council of the-•City of Petaluma at a (Regular) O (~) meeting lest . on -the .... ............... day of ..................~~~~tu11~~.,... :,;....,, 19.._~~, by the .. .following vote: ty Attorney AYES.: Davis, imEoolsey', Balsfiaw, ®ice Mayor Tencer, Mayor Mattel NOES; ABSENT: Sobel, . `. n , .__ ATTEST : .. . ..... ........ ... --.,:-- -...,.,...~r~e!~~1-=.Y...........--- -•-•-••--•---• - -.................. :..... .. ~.. --------- - ------ --- -- ity Clerk - :Mayor Council File......-_ ........................... Form CA 2 7/81 ~-.No,-.-...-...86-316. NCS