HomeMy WebLinkAboutPC Reso 89-024 PA 88-109 Reverse ZA denial action- existing accessory structure w/in required sideyard setback RESOLUTION NO. 89 - 024
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
REVERSING THE ZONING ADMINISTRATOR'S DENIAL ACTION AND APPROVING PA 88-109
ROBERT W. HEALY JR. VARIANCE REQUEST TO ALLOW AN EXISTING ACCESSORY STRUCTURE
WITHIN THE REQUIRED SIDEYARD SETBACK, RESULTING IN AN EXTERIOR SIDEYARD SETBACK
OF 8'-0" (WHERE A MINIMUM OF 15 FEET IS REQUIRED BY THE PLANNED DEVELOPMENT
ZONING DISTRICT) AT 7961 SHADY CREEK ROAD
WHEREAS, Robert W. Healy, Jr. filed an application for a sideyard setback
Variance from Section 8-26.6, 8-60.26, 8-60.27 and 8-60.28 of the City's Zoning
Ordinance to allow an existing accessory structure at 7961 Shady Creek Road
within required exterior sideyard setback, resulting in a exterior sideyard
setback of 8'0" (where a minimum of 15 feet is required) as established in the
Planned Development; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and has been
found to be Categorically Exempt; and
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on June 5, 1989; and
WHEREAS, the Staff Report was submitted recommending denial of the
sideyard setback Variance; and
WHEREAS, on January 4, 1989 after hearing and considering all said
reports, recommendations and testimony as herein above set forth, the Zoning
Administrator denied PA 88-109 Healy Variance request at 7961 Shady Creek Road;
and
WHEREAS, on January 14, 1989, Robert Healy Jr. appealed the Zoning
Administrator's January 4, 1989 action; and
WHEREAS, on June 5, 1989 the Planning Commission held a public hearing to
consider said appeal; and
WHEREAS, the Planning Commission heared and considered all said reports,
recommendations and testimony hereinabove set forth.
WHEREAS, the Planning Commission took action at the June 5, 1989 meeting
with a vote of 4-1 (Cm. Burnham voted no) and directed Staff to come back at
the next meeting with findings and resolutions approving the application.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
a) There are special circumstances including size, shape, topography,
location or surroundings, applicable to the property which would deprive the
property of privileges enjoyed by other properties in the vicinity under the
identical zoning classification if strict observance of the yard and setback
standards of the district were observed in that there are no other key lots of
this type existing within the same subdivision with exterior sideyard fences
located in close proximity to the property line.
b) The granting of the sideyard setback Variance application would not
constitute a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and zone, in that there are special
circumstances exist which warrant granting the Variance. The site has
approximately one-quarter of the rear yard area as an uphill slope, limiting
the usuable flat space available for such structures. The large flat sideyard
had fencing approval by the City Planned Development approval allowing the
fence to be located close to the exterior sideyard property line.
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c) The granting of this sideyard setback Variance application would
not be detrimental persons or property in the neighborhood because the existing
fencing and landscaping obscure the shed from most views and helps soften the
sheds closer setback to Crossridge Road. Approval would not set an unwanted
precedence as this site is unique and any Variance request must be reviewed on
its own merits.
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby approve
PA 88-109 Robert W. Healy sideyard setback Variance application as generally
depicted by Exhibit B attached, and on file with the Dublin Planning
Department, subject to the following conditions:
1. Location shall be as shown on the attached Exhibit B. Minimum
exterior sideyard setback for the detached accessory structure to be 8'0".
2. This Variance approves a maximum building envelope of 10' x 11'6"
with a maximum building height of 8 feet.
3. If use of the Variance ceases for a consecutive period of one year,
the Variance approval shall lapse and shall become null and void.
4. Approval of this Variance shall run with the land and shall
continue to be valid upon a change of ownership of the site or structure which
was the subject of this Variance application.
5. This approval in no way is binding upon or supersedes any other
reviewing authority or enforcement authority by any other association or person
having such rights.
PASSED, APPROVED AND ADOPTED this 19th day of June, 1989.
AYES: Commissioners Burnham, Mack, Okun and Zika
NOES: None
ABSENT: Commissioner Barnes
anning Commis rperson
1P anning Director
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