HomeMy WebLinkAboutResolutions 86-222 N.C.S. 08/04/1986~~ '-
r Resolution No. 86-222 N.C.s.
of the City of Petaluma, California
A RESOLUTION DENYING AN APPEAL TO AN ADMINISTRATIVE
DECISION TO GRANT A VARIANCE AND SUBDIVISION
ORDINANCE MODIFICATION AND APPROVE A PARCEL MAP
FOR A TWO LOT SPLIT OF AN EXISTING LOT AT
14 HINMAN STREET, AP NO. 8-151-04
AND GRANTING VARIANCE
WHEREAS, Bernard Yosten applied for a variance to allow the creation of a
substandard depth lot, a subdivision ordinance modification to allow creation
of a substandard width access strip and approval of a Parcel Map for a two
lot split of an existing lot at 14 Hinman Street; and
WHEREAS, Roger and Sharon McMillan appealed the intended administrative
decision to grant the variance, subdivision ordinance modification and to
approve the proposed Parcel Map; and
WHEREAS, the City Planning Commission has reviewed the appeal and 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 variance at
their meeting of June 24, 1986, and;
WHEREAS, the Planning Commission has recommended that the City Council
deny the appeal of the aforementioned variance and subdivision ordinance
modification, based on nine findings;
NOW, THEREFORE BE IT RESOLVED that the City Council hereby makes
the additional finding that the proposed Parcel Map subdivision conforms to
the applicable requirements of the Subdivision Ordinance and the Zoning
Reso. 86-222 NCS 1 of 4
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Kes. No . .............................. N.C.S.
,° .,
Ordinance with the excep.tign of the requirement for reduced width of
access strip to the :flag Tot and reduced depth to the front lot, and;
NOW, THEREFORE BE IT FURTHER RESOLVED that the Council hereby
finds that lots which do not conform to current ordinance standards in
width, depth, and/or area are common in this neighborhood, and;
NOW , THEREFORE BE TT FURTHER RESOLVED that the Council hereby
finds that the 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 located because the lot areas and building setbacks
meet the Zoning District minimums.,. and that the modification is necessary
for the preservation and enjoyment of substantial property rights of the
petitioner so he can create from his property two .lots which meet the area
requirements of the zone.. ~ ~ '.
NOW, THEREFORE BE 1T .FURTHER .RESOLVED that' the City Council hereby
denies the .appeal of the administrative decision and ,grants a ~ variance and
subdivision ordinance modification anal approves a Parcel Map for a two-lot
split of Assessor's Parcel Number 8-151-04 located at 14 Hinman Street
subject to the following findings recommended by the Planning Commission:
Findings for the Variance:
1. That there are peculiar and unusual conditions inherent in 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 lot has sufficient area to create two lots
but is so dimensioned that the r esulting, lots need variance for depth.
2. That a Hardship peculiar to the property .and not created by any act
of the owner exists-. In this context,. personal, family or financial
difficulties, loss of prospective profits., and neigYiboring violations are
not. hardships justifying: a variance, in that this is an old lot, only
recently purchased by the applicant .
Reno. 86-222 NCS -2- of 4
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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, in that all bordering lots and the vast majority in the
neighborhood do not conform to minimum standards of the Zoning
Ordinance with regard to the depth, width., or area.
4. That the authorizing of such variance shall not be of substantial
detriment to adjacent property, 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.
Findings for the Subdivision Ordinance Modification:
1. There are special circumstances or conditions affecting. the property in
that the area is sufficient to create two lots under the zoning
regulations, but the shape of the lot is such that a subdivision
ordinance modification is required to allow a substandard width access
strip to best utilize the available area.
2. The modification is necessary for the preservation and enjoyment of
substantial property rights of the petitioner so he can create from his
property, two lots which meet the area requirements of the zone.
3. Granting 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 located because the lot areas and building setbacks meet
the zoning district minimums.
Reso. 86-222 NCS
_3_ of 4
Findings for the Parcel Map:`
The parcel map, with the required subdivision ordinance modification and
variance, conforms to the applicable requirements of `thee Subdivision Ordinance and
the Zoning Ordinance..
Under the power and authority conferred upon this Council by the Charter of said City.
reso5 I hereby certify the foregoing Resolution was introduced and adopted by the Approved t
Council' of the City of Petaluma at a (Regular)- (~~~meeting form
on the .......4th......---._ day of ..........AugllSt,-• ............................. 19..~~., by the
following vote:
" Ci rney
.AYES: Davis, Sobel, Woolsey, Cavanagh, Balshaw, Vice Mayor Tenter, 1Vlayor Mattei
NOES: None
.ABSENT: one
ATTEST : ................... ......... ....... . _.....-...-....................._...
City ek
,~
Mayor
Council File ..................._.---......_...
Form CA 2 7/81 ~ Res. No.......~.6-2Z.`L....NCS 4 of 4