HomeMy WebLinkAboutPC Reso 88-014 PA 87-0176 upholding ZA action denying Ramirez VAR request, existing accessory structure RESOLUTION NO. 88 - 014
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
UPHOLDING THE ZONING ADMINISTRATORS ACTION DENYING
PA 87-176 RAUL P. RAMIREZ VARIANCE REQUEST TO ALLOW AN EXISTING
ACCESSORY STRUCTURE ATTACHED TO THE MAIN STRUCTURE TO PROJECT
INTO THE REQUIRED SIDEYARD SETBACK, RESULTING IN NO SIDEYARD SETBACK
ON ONE SIDE OF THE HOME (WHERE A MINIMUM OF 6 FEET IS REQUIRED
BY THE ZONING ORDINANCE).
WHEREAS, Raul P. Ramirez filed an application for a sideyard
setback Variance from Sections 8-26.6, 8-40-2 and 8.60.26 of the City's Zoning
Ordinace to allow an existing accessory structure attached to the main
structure to project into the required sideyard setback, resulting in no
sideyard setback on one side of the home (where a minimum of 6 feet is
required; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act and has been found to be
Categorically Exempt; and
WHEREAS, the Zoning Administrator held a Public Hearing on said
application on February 11, 1988; and
WHEREAS, proper notice of said Public Hearing was given in all
respects as required by law; and
WHEREAS, a Staff report was submitted recommending denial of the
sideyard setback Variance; and
WHREAS, on
hearing
ry
said reports, re oc mmendationsaandltestimonyar asehereinabovend setonsidering for forth, the
Zoning Administrator denied PA 87-176 Ramirez sideyard setback Variance request
at 8686 Davona Drive; and
WHEREAS, on February 20, 1988, Raul P. Ramirez appealed the Zoning
Administrators February 11, 1988 action; and
WHEREAS, on March 21, 1988, the Planning Commission held a Public
Hearing to consider said appeal; and
WHEREAS, proper notice of said Public Hearing was given as required
by law; and
WHEREAS, the Planning Commission heard and considered all said
reports, recommendations and testimony as hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find that:
A) There are no special circumstances relating to physical characteristics
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.
B) The granting of the sideyard setback Variance would constitute a grant of
special privileges inconsistent with the limitations upon other properties in
the vicinity and zone, in that no special circumstances exist which warrant
granting the Variance.
C) The granting of this sideyard setback Variance would be detrimental to
person or property in the neighborhood because if approved it could set an
unwanted precedence of granting Variance in situations where the standards of
the Zoning Ordinance could be complied with.
BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does
hereby uphold the Zoning Administrator's action denying PA 87-176 Raul P.
Ramirez sideyard setback Variance application as generally depicted by
materials from March 21, 1988 Planning Commission Staff Report, on file with
the Dublin Planning Department
PASSED, APPROVED AND ADOPTED this 21st day of March, 1987.
AYES: Commissioners Barnes, Burnham, Mack, Tempel and Zika
NOES: None
ABSENT: None
Planning Commissi it erson
ATTEST:
rj(41"t/tC2-41-----r4(1-4.6
Planning Directo
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