HomeMy WebLinkAboutResolution 93-115 05/03/1993•
. ~ FZeS01Ut1®11 N®. 93-115 N C.~.
1 of the City of Petaluma, California
2 A RESOLUTION DENYING AN APPEAL BY LIONA SPRING AND
3 SUSTAINING THE PLANNING COMMISSION'S APPROVAL
4 OF AN APPLICATION BY
5 MICHAEL AND JULIE LAURITZEN AND JOHN AND FELISMINA NUNES
6 FOR THREE VARIANCES AND ALOT-LINE ADJUSTMENT FOR PROPERTY
7 AT 614 "C" STREET (APN 008-101-20) AND
8 44 6TH STREET (APN 008-101-21)
9
10
11 WHEREAS, Mr. and Mrs. Lauritzen and Mr. and Mrs. Nunes have applied for approval of
12 three variances and a lot line adjustment to modify the boundaries between 614 C Street
13 and 44 6th Street; and,
14
15 WHEREAS, the Planning Department sent notice of the request to properties within three
16 hundred feet of the subject properties; and,
17
18 WHEREAS, the Planning Department received letters of opposition to the request from
19 interested neighbors; and,
20
21 WHEREAS, the request was scheduled for a public hearing before the Planning
22 Commission on February 23, 1993; and,
23
24 WHEREAS, following the public hearing during which testimony from interested parties
25 was received, the Planning Commission approved the application; and,
26
27 WHEREAS, Ms. Liona Spring filed a timely appeal of the Planning Commission's approval
28 contending that the findings for approval of the variances cannot be made; and
29
30 WHEREAS, the appeal was scheduled for a public hearing before the City Council on
31 April 19, 1993; and,
32
33 WHEREAS, on April 19, 1993, the City Council held a public hearing and testimony from
34 interested parties was received.
35
36 NOW, THEREFORE, BE IT RESOLVED that the City Council finds as follows:
37
9,3-1.1.5.... N.c.s. 1
Res. No.
•
1 1. The age and historic use of the building for residential purposes are peculiar and
2 unusual conditions inherent to the property sufficient to cause a hardship not
3 common to most of the properties in the area.
4
5 2. The presence of the residential units dating from the mid-1800's and the sale of the
6 rear 2,060 sq. ft. unit by Mr. Lomar Lauritzen (deceased) to Mr. and Mrs. Nunes are
7 actions taken not by the present owners. The combination of the numerous
8 established buildings and the ownership difficulties and confusion constitute an
9 unusual hardship peculiar to the property.
10
11 3. The historical nature of the residential use of the property is considered to be a non-
12 conforming use. Section 25-400 of the Petaluma Zoning Ordinance provides
13 regulations governing non-conforming uses and providing certain guarantees for
14 their continued use. Granting of a Variance is necessary for the preservation and
15 enjoyment of substantial property rights possessed by other properties which are
16 subject to the non-conforming provisions of the Zoning Ordinance.
17
18 4. Granting of the Variance does not permit any modification or expansion of the use
19 of the property and does not constitute any change to the underlying residential use
20 of the property. Therefore, authorizing such a Variance will not cause any
21 perceptible change to the property, hence will not cause a detrimental impact to
22 adjacent properties.
23
24 BE IT FURTHER RESOLVED that the City Council finds the application to be exempt
25 from the requirements of CEQA.
26
27 BE IT FURTHER RESOLVED that based on the findings set forth above, that the
28 variance and lot line adjustment application is hereby approved.
29 Under the power and authority conferred upon this Council by the Charter of said City.
3~REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the _ Approved as to
ccnunes/council-10 Council of the City of Petaluma at a (Regular) ~L~X(l~i~Fd~) meeting.'"
on the .-3rd.....--..•...... day of .........l~i~~ .......................................•--, 19~.~..., by the
following vote: •-•--.-.....; , -••--•---•---•-
Gity Attor ey
.AYES: Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss
NOES: Nelson, Barlas, ead
ABSENT: None
ATTEST : ..... .........~~-~~~....... ..-.- ...........-..... -.... .....-.
City CIerk May
Council File ....................................
CA 10-85 ~ Res. No.....9'~-1.1.5........ N.C.S.
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